15A NCAC 2L .0100 AND .0200 1993 AMENDMENT VOL. 1

State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street• Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
February 26, 1993
Brenda Clement
Rc:Man-caba.rrus Cannunity College
P.O Box 1595
Jake Alexander Blvd. & Interstate 85
Salisbury, N.C. 28145
Dear Ms. Clement,
Jonathan B. Howes, Secretary
Per our February 24th, 1993 telephone conversation, this
merrorandum is to confirm the Division of Environmental
Management's public hearing date as April 20, 1993; the Teaching
Alxlitoriun at 7:00 pn. If you need to contact me, please call
[phone] (ext. 428).
cc: Carl Bailey
David A. Hance
Environmental Specialist
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax# [phone]
An Equal Opportunity Affinnative Action Employer
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
February 26, 1993
Ms. Marilyn I.onnon
UNC-Asheville
1 University Heights
Asheville, N. C.
Dear Ms. Lannon,
Per our February 24th, 1993 telephone cnnversation, this
menorandum is to confirm the Division of Environmental
Management's public hearing date as April 21, 1993; the Qmnidlael.
lbnanities lecture Hall at 7:00 po. If you need to contact me,
please call [phone] (ext. 428).
cc: earl Bailey
tfij~L
David A. Hance
Environmental Specialist
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax# [phone]
An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street• Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan B. Howes, Secreta1y
February 23, 1993
Carroll Fdocodson
Trial Court Administrator
Onslow COlmty Courthouse
625 Court Street
Jacksonville, N.C. 28540-4797
Dear Mr. Fdnondson,
Per our February 23rd, 1993 telephone conversation, this
menorandum is to confirm the Division of Environmental
Management's public hearing date as April 1 , 1993; the Old
caxrthaJse at 7: 00 pn. If you need to ccntact me, please call
[phone] (ext~ 428).
Sincerel~J. I I ~k~
David A. ~ce
Environmental Specialist
cc: Carl Bailey
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax# [phone]
An Equal Opportunity Affirmative .Action Employer
03-30-1993 05=29PM FROM THE DAILY NEWS TD 19197332496 P.02
P.01
It's Our Groundwater They're Talking About!
North Carolinian~ who drink from wells --about half of us -are drinking groundwater. Do you want
weaker gl"onndwater protection regulations?
Th~ S12r.. of North CAroJina, u:nd~r p~uic: fttlm tlle
petroleum .and chemical induscries. is holdi~ public
hearings i11 April on new regularions that would rnake it
easier for polluters lO avoid cleaning up gtoundwacer they
h.~"'"'" con<111,1inn,cd.
Th~se pro~ed rules go far beyond the need to help ~Mom
and Pop" gas stations deal with groundwate,; pollntion from
1ear<:rng u11aerground storage tanks, They remove a basic
principk from North Carolina grotiiidwater policy --lhe
principle lhl\t people and companies should actively clean up
rheir own messes.
These 11<:-w rules ask. \lS to trust O\l! safety, and our future
property rights, to officials' ability to predict the flow of
groundwa1er far into the furore •-and those Dredictions; a.re
uocoriously u11reliahle.
(LEAN J1(JP/
\
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1i-!£tR I.AND :: ~R.. LAUD
" What ~hould state regulators do?
.{eep NC"s ··~ou-mess-it-up. yo\1-clean~it-up" policy. The proposed changes drop that policy, and allow some polluter:s to get
a.way with no accive clean-up effons.
l-ff Mnm .14 P1>p ga .. stntioM ne~ h-clp, ch1Utgc: the r:ult::s m ne1p them., noL Superfund sites and major col'porations. Don't add
big loopholes for big pollutcn..
3. Mainuifo Ehe existing definicion of a responsible party, $0 d1at it still targets the person wbo made the mess. Proposed chanfes
, .... entirely too vague.
4. Draw any rule changes mucll more narrowly and specifically. The proposed changes are so broad as to be a corporate l.lwye:r's
dream and a scare• regt1la(or's nighunare. Should we even be considering weakening groundwaret procecck,n in. nua.I areas where
chc~ i:s 110 city water}
5. lndude in the rules a c.lea.r starement thar groundwater contamination that reaches a neighbor's pt'Operty line mus.t be cle;.u~d
up and prevenced from moving under the neighbor's land. That stacement is lacktng from che propo~ rut~.
6. Go back. aod draw up rule 1;:banges based on good science and thorough study. These changes are based on shaky $Cience and
guesswork.
IF YOU LIVE OR OWN PROPERTY NEAR AN INDUSTIUAL SlTE OR A GAS STATION ..• IF YOU WANT TO
PROttCT TH£ FUTURE USES OF YOUR PROPERTY ..• IF YOU WANT TO HA VE A VOIC£ lN PROTECTING
OUR GROUNDWATER SUPPLIES •• ,
AtTEND THESE CRITICAL PUBLIC ImAlUNGS-TALK TO YOUR ELECTED ANDAPPOlNTED OFFICIAJ.S-
WRITE-YOUR LOCAL NEWSPAPER ~ AFTER. ALL ...
It's Our Groundwater They"re Talking About!
Public Hearings Start April 1 !
-,:n,e,r _
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State of North Carolina
Department of Environment, Health, arid Natural Resources
512 North Salisbury Street• Raleigh, North Carolina 27604
James B. Hunt, Jr., Goverrior
Ms. Joy 'Ih::mas
Legal .Advertising
News and Ci>server
P.O. Box 191
Raleigh,~ 27602
Dear Ms. 'lhanas:
Jonathan R Howes, Secretary
March 10, 1993
'lhe Deparbnent of Envircnrent, · Health, and Natural Resources
will be holding a public hearing en behalf of the Environmental
Management camti.ssicn en April 7, 1993. You will find enclosed a
Public Notice regarding the meeting. It is _ requested that · you
publish the Public Notice in the _~ 21, 1993 issue.
. I . . .
Publicaticn charges will be paid by this office upc:n receipt
of your invoice, affidavit, and proof of publicaticn. • Please send
the invoice in triplicate and the affidavit in duplicate to the
undersigned.
Enclosure
cc: Debbie Crane
Sincerely,
/IJ1&~~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Secticn
P.O. Box 276frl, Raleigh, North Carolina 27611-76frl Telephone [phone] Fax # [phone]
An ·Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
Dallas Coltrain
'!he Enteiprise
P.O Box 387
Williamstcn, le
27892
Dear Mr. Coltrain:
Jonathan B. Howes, Secretary
March 10, 1993
'Ihe Deparbnent of Envirooment, Health, and Natural Resources
will be holding a public hearing en behalf of the Environrrental
Management Ccmnission on April 5, 1993. You will find enclosed a
Public Notice regarding the meeting. It is requested that yoo
publish the Public Notice in the March 18, 1993 issue.
Publication charges will be paid by this office upcn receipt
of your invoice, affidavit, and pn:)Of of publication. Please send
the invoice in triplicate and the affidavit in duplicate to the
undersigned.
Enclosure
cc: Debbie Crane
Sincerely,
/JYJ~~
M. earl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax# [phone]
An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604 ·-·
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
March 8,· 1993
Marsha Rodrigues
'Ihe Daily News .
P.O;Bax 0196
Jacksonville, N.C. 28540-0196
. Dear Ms. Rodrigues:
'lhe Department of Environment, Health, and Natural Resources
will be holding a public hearing an behalf of the Envi~tal
Management Ccmnissian an April 1, 1993. You will find enclosed a
Public .. Notice regarding the rreeti.ng. It · is requested that yai
publish the Public Notice in the March 14, 1993 issue. ' .
Publication charges will be paid by this .office upon .receipt
of your invoice, affidavit, and proof_ of publication .. Please send
the invoice in triplicat_e pild the affidavit in duplicate to the
undersigned.
Sincerely,
~~-,_-fYJJ "
M. earl Bailey, •
Assistant Chief for Planning
Groundwater Section ·
Enclosure
cc: Debbie Crane
P.O. Box 276'i!'1, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax # [phone]
An "Equal Opportunity Affirmative ktion Employer
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
Ms. Bonnie Russell
Salisb.rry Evening Post
P.O. Box 4639
Salisbu:ty, NC 28144
Dear Ms. Russell,
Jonathan R Howes, Secretary
March 23, 1993
'Ihe Deparbnent of Environment, Health, and Natural Resources
will be holding a public hearing en behalf of the Enviroomental
Management Ccmnissien en April 20, 1993. · Yai will find enclosed a
Public Notice regarding the meeting. It is requested that yai
publish the Public Notice in .the April 4, 1993 issue.
Publicatien charges will be paid by this office upc:n receipt
of your invoice, affidavit, and proof of publicaticn. Please send
the invoice in triplicate and the affidavit in duplicate to the
undersigned.
Enclosure
cc: Debbie Crane
Sincerely,
~{;4£~
M. earl Bailey, Jr.
Assistant Chief for Planning
Groundwater Secticn
P.O. Box 27€m, Raleigh, Nonh Carolina 27611-7687 Telephone [phone] Fax # [phone]
Ali Equal Opportunity Affirmative Action Employer
. State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
Ms. Kelly Allen
Asheville Citizen-Times
P.O. Bax 2090
Asheville, OC 28802
Dear Ms. Allen,
Jonathan B. Howes, Secretary
March 23, · 1993
'Ihe Deparbnent of Envirooment, Health, and Natural Resources
will be holding a public hearing en behalf of the Envircnnental
Managanent Ccmnissicn en April 21 , 1993. You will find. enclosed a
Public Notice regarding the meeting. It is requested that yoo
publish the Public Notice in the April 4, 1993 issue.
Publicaticn charges will be paid by this office upcn receipt
of your invoice, affidavit, and pro:,f of publicatioo. Please send
the invoice in triplicate and the affidavit in duplicate to the
undersigned.
Enclosure
cc: Debbie Crane
Sincerely,
l)11-&,,J2_~
M. earl Bailey, Jr.
Assistant Otlef for Planning
Groundwater Sectioo
P.O. Box 2761Il, Raleigh, North Carolina 27611-761Il Telephone [phone] Fax# [phone]
An Equal Opportunity Affirmative Action Empt~
PAGE __ QF __
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MO I DAY I YR I JNL I DEPT/DIV
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DIVISICN OF ENVIRCNJIENI'AL MANAGEMENI'
Groundwater Section
Marcil 8, 1993
MEMORANDUM
'IO: Ms. Tainny Dodd; General Services
FRCM: David Hance; DEM-Groundwater Section
SUB.JECI': Gra.md FlCX>r Hearing Rocm for April 7, 1993 rules revision
hearing.
Per our February 26th telephone conversation, this menorandum is
to confinn the Groundwater Section's public hearing date as April 7th,
1993 at 7:00 J;lll. If you need additional infonnation, please call me at
733-3221 (ext.428). '!hank you for your timely assistance.
~~.
David Hance
cc: Carl Bailey
T I T L E
S U B C H A P T E R
S E C T I O N S
1 5 A
2 L R E V I S I O N S
0 1 0 0 A N D O 2 0 0
DRAFT HEARING VERSION: February 10, 1993
RULE .0102 DEFINITIONS
RULE .0103 POLICY
RULE .0104 RESTRICTED DESIGNATION (RS)
RULE .0106 CORRECTIVE ACTION
RULE .0107 COMPLIANCE BOUNDARY
RULE .0109 DELEGATION
RULE .0110 MONITORING
RULE .0111 REPORTS
RULE .0112 ANALYTICAL PROCEDURES
RULE .0113 VARIANCE
RULE . 0114 NOTIFICATION RE QUIREMENTS
RULE .0201 GROUNDWATER CLASSIFICATIONS
RULE .0202 WATER QUALITY STANDARDS
(BOLD TYPE RULES ARE THOSE PROPOSED FOR AMENDMENT; UNDERLINED RULE
IS A PROPOSED ADOPTION)
SUBCHAPTER 2L -GROUNDWATER CLASSIFICATION AND STANDARDS
SECTION .0100 GENERAL CONSIDERATIONS
15A NCAC 2L .0102 is proposed for amendment as follows:
.0102 DEFINITIONS
The definition of any word or phrase used in these rules shall
be the same as given in G.S. 143-212 and G.S. 143-213 except that
the following words and phrases shall have the following meanings:
(1) "Bedrock" means any consolidated rock encountered in the
place in which it was formed or deposited and which cannot
be readily excavated without the use of explosives or
power equipment.
(2) "Commission" means the Environmental Management Commission
as organized under Chapter 143B of the General Statutes.
(3) "Compliance boundary" means a boundary around a disposal
system at and beyond which waEeF g roundwater quality
standards may not be exceeded and only applies to
facilities which have received a permit issued under the
authority of G.S. 143-215.1 or Chap ter 130A of the General
Statutes. 7 -eF -€er -dispesal -sysEems -peFmiEEed -hy -Eke
BepartmeRt-ei-HtlmaR-Resetlrees •
.Lil "Corrective action p lan" means a p lan for eliminating
sources of g roundwater contamination and achieving
g roundwater q ualit y restoration or both. A corrective
action p lan ma y p rop ose remediation b y the deg radation and
natural attenuation of contaminants as well as b y
conventional or innovative technolog ies .
..c_n f4t "Director" means Director of the Division of
Environmental Management.
ill "Division" means the Division of Environmental Manaq ement .
.111 "Exp osure p athway " means a course taken b y a contaminant
b y way of a trans p ort medium after its release to the
environment .
.ifil "Free p roduct" means a non-aq ueous p hase liq uid which ma y
collect on the water table , within the saturated zone or
in surface water .
.1.fil f6t "Fresh groundwaters" means those groundwaters having a
chloride concentration equal to or less than 250
milligrams per liter.
i.1.Ql f6t "Groundwaters" means those waters in the saturated
zone of the earth.
il1..l f!7t "Hazardous substance" means any substance as defined
by Section 101(14) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA).
11£1 "Licensed g eolog ist" means a p erson who has been dul y
licensed as a g eolog ist in accordance with the
req uirements of Cha p ter 89E of the General Statutes .
.1..1.J.l "Natural remedial p rocesses" means those natural
p rocesses acting to restore g roundwater q uality, including
dilution , filtration , sorp tion , ion-exchang e , chemical
transformation and biodeg radation.
11..il "Practical Ouantitation Level" means the lowest
g uantitation level of a g iven material that can be
reliably achieved among laboratories within the s p ecified
limits of p recision and accurac y of a q i ven anal y tical
method during routine laborator y o p erating conditions.
f8t ~~imit-ef-Eeteetability~-meaas-tae-metaea-eeteetiea-limit
establisaea -fer -tae -9.S. -BPA -apprevea -test -preeeaHre
previaiag--tae--lewest--methea--aeteetiea--limit--fer--tae
sHastaaee-beiag-meaiterea.
11fil f9t "Natural conditions" means the physical, biological,
chemical and radiological conditions which occur
naturally.
ill1 fH)t "Potable waters" means those waters suitable for
drinking, by humans.
J..11..l "Professional Eng ineer" means a p erson who has been dul y
reg istered and licensed as a p rofessional eng ineer in
accordance with the req uirements of Cha p ter 89C of the
General Statutes.
1.1fil "Recep tor" means an y g roundwater , surface water , human ,
or structure , other than a monitoring well , which is or
ma y be affected b y a contaminant from a contaminated site .
.i.1ll "Res p onsible p art y " means:
(a ) a p erson who is wholly or p artiall y res p onsible for
actions causing or contributing to the violation of
g roundwater q uality standards ,
(b ) a subse q uent p urchaser of p rop ert y which is the source
of g roundwater q uality standard violations and who
p urchased the p ro p erty with knowledg e of the
contamination , or
(c ) an ad j oining p ro p ert y owner who obstructs the
imp lementation of corrective action that would p revent
further contamination.
ilQl t++t "Review boundary" means a boundary around a permitted
disposal facility, midway between a waste boundary and a
compliance boundary at which groundwater moni taring is
required.
il.11 t+~t "Saline groundwaters" means those groundwaters having
a chloride concentration of more than 250 mg/1.
~ t+~t "Saturated zone" means that part of the subsurface
below the water table in which all the interconnected
voids are filled with water under pressure at or greater
than atmospheric. It does not include the capillary
fringe.
J.n1. f+4+ "Suitable for drinking" means a quality of water
which does not contain substances in concentrations which,
either singularly or in combination if ingested into the
human body, may cause death, disease, behavioral
abnormalities, congenital defects, genetic mutations, or
resu!5 in an incremental lifetime cancer risk in excess of
1x10 , or render the water unacceptable due to aesthetic
qualities, including taste, odor or appearance.
ilil "Time of travel" means the time req uired for
contaminants in g roundwater to move a unit distance.
illl -{-+§}"Waste boundary" means the perimeter of the permitted
waste disposal area.
~ f+6} "Water table" means the surface of the saturated zone
below which all interconnected voids are filled with water
and at which the pressure is atmospheric.
History Note: Statutory Authority G.S. 143-214.1;
143-215; 143B-282;
Eff. June 10, 1979.
Amended Eff. · August 1, 1989;
July 1, 1988; March 1, 1985; September 1, 1984.
15A NCAC 2L .0103 is proposed for amendment as follows:
.0103 POLICY
(a) The rules established in this Subchapter are intended to
maintain and preserve the quality of the groundwaters, prevent and
abate pollution and contamination of the waters of the state,
protect public health, and permit management of the groundwaters
for their best usage by the citizens of North Carolina. It is the
policy of the Commission that the best usage of the groundwaters
of the state is as a source of drinking water. These groundwaters
generally are a potable source of drinking water without the
necessity of si g nificant treatment. It is the intent of these
Rules to protect the overall high quality of North Carolina's
groundwaters aaa-te-eahaaee-aaa-FesteFe-the-~Hality-ef-ae§Faaea
§FSHRawateFs to the level established by the standards. and to
enhance and restore the q uality of deg raded g roundwaters where
feasible and necessary to p rotect human heal th and the
environment , or to ensure their suitability as a future source of
drinking water.
( b) It is the intention of the Commission to protect all
groundwaters to a level of quality at least as high as that
required under the standards established in Rule . 0202 of this
Subchapter. In keeping with the policy of the Commission to
protect, maintain, and enhance groundwater quality within the
State of North Carolina, the Commission will not approve any
disposal system subject to the provisions of G.S. 143-215.1 which
would result in:
(1) the significant degradation of groundwaters of which
the existing quality is better than the assigned
standard, unless found to be economically and socially
justifiable, or
(2) a violation of a wateF g roundwater quality standard
beyond the -aeHRe.ai;ies -ef -the -~Fe~eFty -eH -whieh -the
seHFee--ef--~ellHtieR--is--leeatea7 --eF a desi g nated
com p liance boundary, or
(3) the impairment of existing groundwater uses or an
adverse impact on the public health, safety or welfare.
(c) Violations of groundwater quality standards resulting from
groundwater withdrawals which are in compliance with water use
permits issued pursuant to G.S. 143-215.15, shall not be subject
to the corrective action requirements of Rule .0106 of this
Subchapter.
(d) No person shall conduct or cause to be conducted, any
activity which causes the concentration of any substance to exceed
that specified in Rule .0202 of this Subchapter, except as
authorized by the rules of this Subchapter.
(e ) Work p erformed p ursuant to the rules of this Subchap ter
which involves site assessment , the interp retation of subsurface
g eolog ic conditions , p re p aration of conce p tual corrective action
p lans or any work req uiring detailed technical knowledg e of site
conditions which is submitted to the Director , shall be p erformed
b y p ersons , firms or p rofessional corp orations who are dul y
licensed to offer g eolog ical or eng ineering services b y the
a pprop riate occup ational licensing board. Work which involves
desi g n of remedial s y stems or s p ecialized construction techni q ues
shall be p erformed b y p ersons , firms or p rofessional corp orations
who are dul y licensed to offer eng ineering services. Corp orations
that are authorized b y law to p erform eng ineering or g eolog ical
services and are exemp t from the Professional Corp oration Act ,
Chap ter 55B of the General Statues , ma y p erform these services.
History Note: Statutory Authority G.S. 143-214.1; 143-214.2;
143-215.3(e); 143-215.3(a)(1); 143B-282;
Eff. June 10, 1979;
Amended Eff. · August 1, 1989; July 1,
1988; September 1, 1984; December 30, 1983.
15A NCAC 2L .0104 is proposed for amendment as follows:
.0104 RS RESTRICTED DESIGNATION 1.!§1.
(a) The Director is authorized to designate GA or GSA
groundwaters as RS under any of the following circumstances:
(1) Where, as a result of man's activities, groundwaters
contain concentrations of substances in excess of the
groundwater quality standards established under this
Subchapter, and remeaial termination of corrective
action to restore groundwater quality has been
re~Hirea 7 -er a pproved b y the Director , or where the
Director has a pproved a corrective action p lan , or
alternate cleanu p levels , rel y ing solel y or in p art
u p on natural remedial p rocesses and , in either case ,
the g roundwaters can be made p otable b y using readil y
available and economicall y reasonable technology .
(2) Where a statutory variance has been granted as provided
in Rule .0113 of this Subchapter.
(3 ) Where the area im p acted is served b y a p ublic water
s y stem.
(b ) Groundwaters occurring within an area defined b y a
com p liance boundary in a waste dis p osal p ermit are deemed to be
desi g nated RS.
J..Qlfa} The RS designation serves as a warning that groundwater
so designated may not be suitable for use as a drinking water
supply without sig nificant treatment. The boundaries of areas
designated RS may be approximated in the absence of analytical
data sufficient to define the exteat-ef-~reHHawateF-ae~Faaatiea.
dimension of the area , at ri g ht an g les to the direction of
g roundwater flow , into which the contaminants have the p otential
to mi g rate. The designation is temporary and will be removed by
the Director upon a determination that the quality of the
groundwater so designated has been restored to the level of the
applicable standards or when reclassified~GG.
(d ) The p erson res p onsible for g roundwater contamination
leading to the RS desi g nation shall establish and imp lement a
g roundwater monitoring s y stem sufficient to detect chang es in
g roundwater q uality within the desi g nated area. Monitoring shall
be continued p eriodicall y until the a pp licable g roundwater q ualit y
standards have been achieved. If during the monitoring p eriod ,
contaminant concentrations increase , additional remedial action
ma y be req uired , as determined b y the Director.
(e ) The Division shall g ive p ublic notice in accordance with
the followin g req uirements of the intent to desi g nate an y
g roundwater RS exce p t those defined in Parag rap h (b ) of this Rule:
(1 } Notice shall be p ublished one time in a news p a p er
having g eneral circulation in the g eog rap hic area of
the RS desi g nation at least 30 da y s p rior to an y
p rop osed final action. In addition , notice shall be
p rovided to the local Count y Health Director and the
chief administrative officer of the p olitical
j urisdiction in which the contamination occurs.
(2 ) The notice shall set forth at least the following :
(A ) name , address , and p hone number of the a g enc y
issuing the p ublic notice;
(B ) the location and extent of the desi g nated area
(C ) a brief descri p tion of the action or actions
which resulted in the deg radation of g roundwater
in the area ;
(D ) actions or intended actions taken to restore
g roundwater q ualit y;
(E ) the sig nificance of the RS desi g nation;
(F) conditions a pplicable to removal of the RS
desi g nation;
(G ) address and p hone number of the state a g ency
p remises at which interested p arties ma y obtain
further information.
(3 ) The Director shall consider all req uests for a p ublic
hearing, and if he determines that there is sig nificant
p ublic interest he shall issue p ublic notice and hold a
p ublic hearing in accordance with G.S 143-215.4 (b ) and
.0113 (e ) of this Rule.
History Note: Statutory Authority G.S. 143-214.1;
143-215.3(a)(1); 143B-282(2);
Eff. June 10, 1979;
Amended Eff. ------~ December 1, 1989;
August 1, 1989; December 30, 1983.
15A NCAC 2L .0106 is proposed for amendment as follows:
.0106 CORRECTIVE ACTION
(a) ~he-§eal-ef-aeti:eas-takea-te-restere-§Fe~aawateF-~~ali:ty
shall-ae-FesteFati:ea-te-the-level-ef-the-staaaaFas7 -eF-as-elese
theFete -as -is -eeeaemi:eally -aaa -teehaele§i:eally -feasi:sle-. Where
g roundwater g uali t y has been de g raded , the g oal of an y req uired
corrective action shall be restoration to the level of the
g roundwater g uali t y standards s p ecified in Rule . 0202 of this
Subchap ter , or as closel y thereto as is economically and
technolog icall y feasible.
(b) Any person conducting or controlling an activity which
results in the discharge of a waste or hazardous substance or oil
to the groundwaters of the State, or in proximity thereto, shall
take immediate action to terminate and control the discharge,
mitigate any hazards resulting from exposure to the pollutants and
notify the Bepartmeat Division of the discharge.
(c) Any person conducting or controlling an activity which
results in an increase in the concentration of a substance in
excess of the groundwater standard:
(1) as the result of activities, other than agricultural
operations, not permitted by the $.§.tate, shall
immediatel y notif y the Division of the increases ; take
p romp t action to eliminate the source or sources of
contamination ; submit a rep ort to the Director
assessing the cause, significance and extent of the
violation; and s~smi:t --a imp lement an a pproved
corrective action plan aaa-seheatlle-fer-eli:mi:aatia§-the
se~ree --ef --eeatam:i:aat:i:ea --aaa for restoration of
groundwater qualityt aaa-i:mplemeat-aa-a~~Fevea-~laa in
accordance with a schedule established by the Director,
or his desi g nee. In establishing a schedule the
Director, or his desi g nee shall consider any reasonable
schedule proposed by the person submitting the plan. ~
re p ort shall be made to the Heal th Director of the
count y or counties in which the contamination occurs in
accordance with the req uirements of Rule . 011 4 (a ) in
this Subchap ter.
(2) as a result of activities conducted under the authority
of a permit issued by the $.§.tate, shall, where such
concentrations are detected:
(A) at or beyond a review boundary, demonstrate,
through predictive calculations or modeling, that
natural site conditions, facility design and
operational controls will prevent a violation of
standards at the compliance boundary; or submit a
plan for alteration of existing site conditions,
facility design or operational controls that will
prevent a violation at the compliance boundary,
and implement that plan upon its approval by the
Director, or his desi g nee.
(B) at or beyond a compliance boundary, shall assess
the cause, significance and extent of the
violation of groundwater quality standards and
submit the results of the investigation, a plan,
and proposed schedule for ~Fe~aawaEeF--~~aliEy
FesteFatieR corrective action to the Director.L..-...9.£
his desi g nee. The permittee shall implement the
plan as approved by and in accordance with a
schedule established by the Director , or his
desi g nee. In establishing a schedule the DirectorL
or his desi g nee shall consider any reasonable
schedule proposed by the permittee.
(d ) Corrective action req uired followin g discovery of the
unauthorized release of a contaminant to the surface or subsurface
of the land , and p rior to or concurrent with the assessment
req uired in Parag ra p h (c ) of this Rule , shall include , but is not
limited to:
of
( 1 ) Prevention of fire , ex p losion or the s p read of noxious
fumes;
(2 ) Abatement , containment or control of the mi g ration of
contaminants;
(3 ) Removal , or treatment and control of an y p rimar y
p ollution source such as buried waste , waste stockp iles
or surficial accumulations of free p roducts ;
(4 ) Removal , treatment or control of secondar y p ollution
sources which would be a p otential continuing source of
p ollutants to the g roundwaters such as contaminated
soils and non-aq ueous p hase liq uids. Contaminated
soils which threaten the q ualit y of g roundwaters must
be treated , contained or dis p osed of in accordance with
a pplicable rules and p rocedures established b y the
Division. The treatment or dis p osal of contaminated
soils shall be conducted in a manner that will not
result in a violation of g roundwater q uality standards
and North Carolina Hazardous Waste Manag ement rules.
(e ) The site assessment conducted p ursuant to the req uirements
Subp arag rap h (c )(1 ) of this Rule , shall consider or address:
(1 ) The source and cause of contamination;
(2 ) An y imminent hazards to p ublic health and safety and
actions taken to miti g ate them in accordance with
Parag rap h (d ) of this Rule :
(3 ) All g roundwater rece p tors and sig nificant ex p osure
pathways;
(4 ) The horizontal and vertical extent of soil and
roundwater contamination and all si nificant factors
affecting contaminant trans p ort ; a,n
(5 ) Geolog ical and h y dro g eolog ical features influencing the
movement , chemical , and p h y sical character of the
contaminants.
Re p orts of site assessments shall be submitted to the Division
as soon as p racticable or in accordance with a schedule
established b y the Director , or his desi g nee. In establishing a
schedule the Director , or his desi g nee shall consider any
reasonable p rop osal b y the p erson submitting the re p ort .
.ill Corrective action p lans for restoration of g roundwater
q uality, submitted p ursuant to Parag ra p h (c ) of this rule shall
include:
( 1 ) A descri p tion of the p rop osed corrective action and
reasons for its selection.
(2 ) S p ecific p lans , including eng ineering details where
a pplicable , for restoring g roundwater q uality .
(3 ) A schedule for the imp lementation and o p eration of the
p rop osed p lan.
(4 ) A monitoring p lan for determining the effectiveness
of the p rop osed corrective action and the movement of
the contaminant p lume.
J.gl:fe.t In the evaluation of correcti veFeffleeial action plans,
the Director , or his desi g nee shall consider the extent of any
violations, the extent of any threat to human heal th or safety,
the extent of damage or p otential adverse imp act to the
environment, technology available to accomplish restorationL aaa
the p otential for de g radation of the contaminants in the
environment , the time and costs estimated to achieve g roundwater
q uality restoration , aaa the public and economic benefits to be
derived from groundwater quality restoration. and the p robable
conseq uences of alternate actions.
(h ) A corrective action p lan must be imp lemented using the best
available technology for restoration of g roundwater q ualit y to the
level of the g roundwater q uality standards s p ecified in Rule .0202
of this Subchap ter unless:
(1 ) an alternate cleanu p level has been established b y
the Director p ursuant to Parag ra p h ( i ) of this Rule ,
or,
(2 ) natural remediation has been a pproved b y the Director
in accordance with the p rovisions of Parag ra p h (k ) of
this Rule.
( i ) An alternate cleanup level to a standard established in
Rule .0202 of this Subchap ter ma y be a pproved b y the Director if
sufficient information is presented to support a determination by
the Director that:
(1 ) an alternate cleanup level will be p rotective of
human health and the environment based on evidence that
the contaminant will not adversel y imp act an y existing
or foreseeable rece p tor , either due to site s p ecific
conditions or an a pproved remedial action involving
eng ineering control of the contaminant ; such evidence
could include , but is not limited to:
(A ) travel time and natural attenuation cap acit y of
subsurface materials are such that the standards
s p ecified in Rule . 0202 of this Subchap ter at a
location no closer than one y ear time of travel
u pgradient of an existing or foreseeable rece p tor
are p rotected.
(B ) a p h y sical barrier to g roundwater mi g ration exists
or will be installed b y the res p onsibl·e p arty
sufficient to result in p reservation of the
g roundwater standard s p ecified in Rule . 0202 of
this Subchap ter at a location no closer than one
y ear time of travel u pgradient of an existing or
foreseeable rece p tor or ,
(2 ) new toxicolog ical information has become available
which the Di vision of Ep idemiology determines would
j ustify cleanup to a standard different from those
( j) A
submitted
( 1 )
( 2 )
( 3 )
( 4 )
s p ecified in Rule .0202 of this Subcha p ter.
req uest for an alternate cleanu p level shall be
to the Director and shall include:
a descri p tion of site s p ecific conditions ;
the technical basis for the req uest ;
a discussion of and rationale for the req uest;
sufficient evidence to support a determination by the
Director that an alternate cleanup level would be
consistent with all other environmental laws ;
(5 ) an y other information req uested b y the Director to
thoroug hl y evaluate the req uest; and
(6 ) evidence that p ublic notice of the req uest has been
p rovided in accordance with Rule .0114 (b ) of this
Subchap ter.
( k ) The Director ma y be req uested to a pprove a corrective
action p lan de p endent u p on natural p rocesses of de g radation and
attenuation of contaminants. Evidence and other information
submitted in support of the req uest shall include:
(1 ) sufficient evidence to support a determination b y the
Director that:
(A ) all sources of contamination and free p roduct have
been removed or controlled p ursuant to Parag rap h
(d ) of this Rule ; and
(B ) The contaminants p resent exist in concentrations
that do not currentl y and are not calculated to
mi g rate to an y existing or foreseeable rece p tor
above a pp licable standards;
(2 ) evidence of the contaminant's de g radation and
attenuation cap acit y;
(3 ) identification and discussion of site-s p ecific
characteristics indicating that conditions are adeq uate
to support contaminant de g radation or attenuation;
(4 ) a g roundwater monitoring p rog ram sufficient to track
the deg radation and attenuation of contaminants within
and down g radient of the p lume and to detect
contaminants p rior to their reaching an y existing or
foreseeable rece p tor at least one y ear's time of travel
u pgradient of the rece p tor and no g reater than the
distance the g roundwater at the contaminated site could
travel in five y ears.
(5 ) written documentation of p ro i ected q roundwater use in
the contaminated area based on current state or local
g overnment p lanning efforts ;
(6 } cop ies of written notice , to all p rop erty owners and
all occup ants within or conti g uous to the area
underlain b y the p ollution p lume , and under which it is
exp ected to mi g rate , stating that fact ;
(7 } evidence that all necessar y access a g reements needed to
monitor g roundwater q ualit y p ursuant to (4 ) above have
been or can be obtained ; and
(8 ) evidence that p ublic notice of the req uest has been
p rovided in accordance with Rule .0114 (b ) of this
Subcha p ter.
If at an y time the Director determines that a contaminant ,
being monitored under a natural remediation p rog ram , has the
p otential to mi g rate to an y existing or foreseeable rece p tor above
a pplicable g roundwater standards , or if contaminant concentrations
are not decreasing, the res p onsible p art y shall imp lement an
active g roundwater corrective action p lan in accordance with a
schedule established b y the Director.
(1 ) The Director ma y consider a req uest to allow the termination
of corrective action. The req uest must include:
(1 ) A demonstration b y the p art y making the req uest that
continuance of corrective action would not result in a
si g nificant reduction in the concentration of
contaminants. At a minimum this demonstration must
include a showing that the as y mp totic slop e of the
contaminants curve of decontamination is less than a
ratio of 1 :40 over a term of one y ear-based on
q uarterl y samp ling .
(2 ) A discussion of the duration of the corrective action ,
the total p ro j ect's cost , p ro j ected annual cost for
continuance and evaluation of the success of the
corrective action.
(3 ) An evaluation of alternate treatment technolog ies
which could result in further reduction of contaminant
levels with p ro j ected cap ital and annual cost.
(4 ) Effects , including health and safety imp acts , on
g roundwater users if contaminant levels remain at
levels existing at the time corrective action is
terminated.
(5 ) Evidence that p ublic notice of the req uest has been
p rovided in accordance with Rule .0114 (b ) of this
Subchap ter.
fe+ The Director may authorize the-aiseeatiatlaaee-ef-Femeaial
aetiea-te-FesteFe-~FetlRawateF-~tlality-te-the-level-ef-the-staaaaFe
Hpea-a-eemeastFatiea-ay-the-FespeRsiale-paFty-te-the-9iFeeteF-that
eeRtiRttaRee -wattle -aet -Festtlt -iR -si~Ri€ieaat -Fedtletiea -ia -the
eeaeeatFatiea-ef-eeRtamiRaRts7--±R-tRe-eeRsiaeFatieR-e€-a-Fe~ttest
te-aiseeatiaHe-remea:i:al-aet:i:eas,-the-9:i:FeeteF-shall-eeas:i:aeF-tae
al:l!:'at:i:ea --aaa --ae§ree --ef --sHeeess --ef --Femeaial --efferts, --the
feasiaility -ef -ether -treatmeRt -teehRi~Hes -whieh -eel:lla -Fesl:llt -iR
fHE'the!:'--Feal:letiea--ef--eeatam:i:RaHt--levels,--aRa--the--effeet--eR
~FeHaawate!:'-l:lSeFs-:i:f-eeatamiaaRts-Femaia-at-levels-existia~-at-the
time -ei -teFm:i:Ratiea -ef -Femea:i:al -aee.:i:ea-. the termination of the
corrective action . or amend the corrective action p lan after
considering all the information in the req uest. Up on termination
of corrective action . a g roundwater moni taring p rog ram shall be
req uired sufficient to track the de g radation and attenuation of
contaminants at a location of at least one y ear's time of travel
u pgradient of any existing or foreseeable recep tor. The monitoring
p rog ram shall remain in effect until there is sufficient evidence
that the contaminant concentrations have been reduced to the level
of the standards.
J..m.lfft Upon a determination by the Director that continued
remedial corrective aee.ieas action would result in no significant
reduction in contaminant concentrations, the -FesJ::leHsiale -:f::laFty
shall -~etitiea -feF -a -vaFiaaee -eF -a -FeelassifieatieH -ef -the
im~aetea-§FeuaawateFs-. and the imp acted g roundwaters can be made
p otable b y treatment using readil y available and economically
reasonable technology, the Director ma y desig nate the remaining
area of deg raded g roundwater RS. Where the remaining deg raded
g roundwaters cannot be made p otable b y such treatment , the
Director ma y consider a req uest for reclassification.
(n ) If at an y time the Director determines that new technology
is available that would remediate the contaminated g roundwater to
the standards s p ecified in Rule . 0202 , the Director ma y req uire
the res p onsible p art y to im p lement an active g roundwater
corrective action p lan in accordance with a schedule established
b y the Director .
.iQlf~t Where groundwater quality standards are exceeded as a
result of the application of pesticides or other agricultural
chemicals, the Director shall request the Pesticide Board or the
Department of Agriculture to assist the Division of Environmental
Management in determining the cause of the violation. If the
violation is determined to have resulted from the use of
pesticides, the Director shall request the Pesticide Board to take
appropriate regulatory action to control the use of the chemical
or chemicals responsible for, or contributing to, such violations,
or to discontinue their use.
History Note: Statutory Authority G.S. 143-215.2;
143-21 5. 3 (a) ( 1 ) ; 1 4 3B-2 8 2;
Eff. August 1, 1989.
Amended Eff. · September 1, 1992
15A NCAC 2L .0107 is proposed for amendment as follows:
.0107 COMPLIANCE BOUNDARY
(a) For disposal systems individuall y permitted prior to
December 30, 1983, the compliance boundary is established at a
horizontal distance of 500 feet from the waste boundary or at the
property boundary, whichever is closer to the source.
(b) For disposal systems individuall y permitted on or after
December 30, 1983, a compliance boundary shall be established 250
feet from the waste boundary, or 50 feet within the property
boundary, whichever point is closer to the source.
(c) The boundary shall be established by the Director , or his
desi g nee at the time of permit issuance. Any sale or transfer of
property which affects a compliance boundary shall be reported
immediately to the Director , or his desi g nee. For disposal
systems which are not governed by Paragraphs (e) or (f) of this
Rule, the compliance boundary affected by the sale or transfer of
property will be re-established consistent with Paragraphs (a) or
(b) of this Rule, whichever is applicable.
(d) Exce p t as p rovided in Parag ra p h (g) of this Rule .Fer
ais~esal-syseems-~eFmieeea-eF-Fe~ermittea-after-JaattaFy-+7-+993 7
no water supply wells shall be constructed or operated within the
compliance boundary7 of a dis p osal s y stem individuall y p ermitted
or rep ermitted after Januar y 1 , 1993.
(e) Excep t as p rovided in Parag rap h (g) of this Rule , Fer
ais~esal-systems-~eFmieeea-eF-Fe~ermietea-after-JaRttary-+7 -+993 7 a
permittee shall not transfer land within an established compliance
boundary of a dis p osal s y stem p ermitted or re p ermitted after
January 1 , 1993 unless:
(1) the land transferred is serviced by a community water
system as defined in 15A NCAC 18C, the source of which
is located outside the compliance boundary; and
(2) the deed transferring the property:
(A) contains notice of the permit, including the
permit number, a description of the type of
permit, and the name, address and telephone number
of the permitting agency; and
(B) contains a restrictive covenant running with the·
land and in favor of the permittee and the State,
as a third party beneficiary, which prohibits the
construction and operation of water supply wells
within the compliance boundary; and
(C) contains a restrictive covenant running with the
land and in favor of the permittee and the State,
as a third party beneficiary, which grants the
right to the permittee and the State to enter on
such property within the compliance boundary for
groundwater monitoring and remediation purposes.
( f) If at the time a permit is issued or reissued after
January 1, 1993, the permittee is not owner of the land within the
compliance boundary, it shall be a condition of the permit issued
or renewed that the landowner of the land within the compliance
boundary, if other than the permittee, and exce p t as p rovided in
Parag rap h (g) of this Rule , execute and file in the Register of
Deeds in the county in which the land is located, an easement
running with the land which:
(1) contains:
(A) either a notice of the permit, including the
permit number, a description of the type of
permit, and the name, address and telephone number
of the permitting agency; or
(B) a reference to a notice of the permit with
book and page number of its recordation if such
notice is required to be filed by statute;
(2) prohibits the construction and operation of water
supply wells within the compliance boundary; and
(3) reserves the right to the permittee and the State to
enter on such property within the compliance boundary
for groundwater monitoring and remediation purposes.
The easement ma y be terminated b y the Director when
its p urp ose has been fulfilled or the need for the
easement no long er exists. Under those conditions the
Director , at the req uest of the landowner . ma y file
with the a pprop riate Re g ister of Deeds , a document
terminating the easement.
( g) The req uirements of Parag ra p hs ( d ), ( e ) and ( f ) of this
Rule are not a pp licable to g round adsorp tion treatment s y stems
serving four or fewer sing le famil y dwelling s or multiunit
dwelling s of four or fewer units.
1h.lf~t The boundary shall form a vertical plane extending from
the water table to the maximum depth of saturation .
.i.i.l:fht For ground absorption sewage treatment and disposal
systems which are permitted under 15A NCAC 18A .1900, the
compliance boundary shall be established at the property boundary.
J..ilfit Penalties authorized pursuant to G.S. 143-215.6A(a)(1)
will not be assessed for violations of waEer g roundwater quality
standards within a compliance boundary unless the violations are
the result of violations of permit conditions or negligence in the
management of the facility.
lklf1t The Director shall require:
(1) that permits for all activities governed by G.S.
143-215.1 be written to protect the quality of
groundwater established by applicable standards, at the
compliance boundary;
(2) that necessary groundwater quality monitoring shall be
conducted within the compliance boundary; and
(3) that a violation of standards within the compliance
boundary resulting from activities conducted by the
permitted facility be remedied through clean-up,
recovery, containment, or other response when any of
the following conditions occur:
(A) a violation of any standard in adjoining
classified wateFs g roundwaters occurs or can be
reasonably predicted to occur considering
hydrogeologic conditions, modeling, or other
available evidence;
(B) an imminent hazard or threat to the public health
or safety exists; or
(C) a violation of any standard in groundwater
occurring in the bedrock other than limestones
found in the Coastal Plain sediments7 , unless it
can be demonstrated that the violation will not
adversel y im p act , or have the p otential to
adversel y imp act a water su ppl y well.
History Note: Statutory Authority G.S. 143-215.1 (b);
143-215.3(a)(1 ); 143B-282;
Eff. August 1, 1989.;
Amended Eff. · November 2, 1992
15A NCAC 2L .0109 is proposed for amendment as follows:
.0109 DELEGATION
(a) The Director is delegated the authority to enter into
consent special orders under G.S. 143-215.2 for violations of the
wa~e~ g roundwater quality standards except when a public meeting
is reguireq as provided in 15A NCAC 2H .1203.
(b) The Director is delegated the authority to prepare a
proposed special order to be issued by the Commission without the
consent of the person affected and to notify the affected person
of that proposed order and of the procedure set out in G. S.
150B-23 to contest the proposed special order.
(c) The Director , or his desi g nee shall give public notice of
proposed consent special orders as specified in 15A NCAC 2H .1203.
History Note: Statutory Authority G.S. 143-215.2;
143-215.3(a)(1 ); 143-215.3(a)(4);
Eff. August 1, 1989;
Amended Eff. · October 1, 1990.
15A NCAC 2L .0110 is proposed for amendment as follows:
.0110 MONITORING
(a) Aay -~eFsea -Sl:iBjeet: -t:e -t:he -I:)Fevisieas -a€ -G.8. --l43-iH5.-l-
Excep t where exemp ted b y statute or this Subchap ter , any p erson
who causes, permits or has control over any discharge of waste, or
g roundwater cleanup p rog ram , shall install and imp lement a
monitoring system, at such locations, and in such detail, as the
Director , or his desi g nee may require to evaluate the effects of
the discharge upon the waters of the state, including the effect
of any actions taken to restore groundwater quality, as well as
the efficiency of any treatment facility. The moni taring p lan
shall be p re p ared under the res p onsible charg e of a Professional
Eng ineer or Licensed Geolog ist and bear the seal of the same.
( b) Monitoring systems shall be e~eFat:ea constructed in a
manner that will not result in the contamination of adjacent
groundwaters of a higher quality.
( c) Moni taring shall be conducted and results reported in a
manner and at a frequency specified by the Director , or his
desig nee.
History Note: Statutory Authority G.S. 143-215.1(b);
143-215.3(a)(1); 143-215.65; 143-215.66;
143B-282;
Eff. August 1, 1989.
Amended Eff.
15A NCAC 2L .0111 is proposed for amendment as follows:
.0111 REPORTS
lJu Any person subject te-the-~FevisieRs-eE-G.8.-l43-2l§.l-aRe
to the requirements for corrective action specified in Rule .0106
of this Subchapter shall submit to the Director, in such detail as
the Director may require, a written report that describes:
(1) the results of the investigation specified in
Paragraphs (c)(1) and (c)(2)(B) of Rule .0106,
including but not limited to:
J.Alfa+ a description of the sampling procedures
followed and methods of chemical analyses
used; and
.11U.fa+ all technical data utilized in support of any
conclusions drawn or determinations made.
(2) the results of the predictive calculations or modeling,
including a copy of the calculations or model runs and
all supporting technical data, used in the
demonstration required in Paragraph (c)(2)(A) of Rule
.0106; and
(3) the proposed methodology and timetable associated with
the FesteFatieR-eE-~FeHRewateF-~Halitycorrective action
for those situations identified in Paragraphs ( c) ( 1}
and (c)(2}(B} of Rule .0106.
(b ) The re p ort shall be p re p ared under the res p onsible charg e
of a Professional Eng ineer or Licensed Geolog ist and bear the seal
of the same as s p ecified in Rule .0106 (c )(2 )(B ).
History Note: Statutory Authority G.S. 143-215.1(b);
143-215.3(a}(1}; 143-215.65; 143B-282;
Eff. August 1, 1989.
Amended Eff.
15A NCAC 2L .0112 is proposed for amendment as follows:
.0112 ANALYTICAL PROCEDURES
Tests or analytical procedures to determine compliance or
noncompliance with the water g roundwater quality standards
established in Rule .0202 of this Subchapter will be in accordance
with:
( 1 )
( 2)
The following methods or procedures for substances where
the selected method or procedure provides a method
detection limit value at or less than the standard:
(a) Standard methods for the Examination of Water and
Wastewater, +6th 17th Edition, +98§ 1989,
including an y subseq uent amendments and editions
published jointly by American Public Health
Association, American Water Works Association
and Water Pollution Control Federation;
(b) Methods for Chemical Analysis of Water and Waste, 1979,
U.S. Environmental Protection Agency publication number
EPA-600/4-79-020, as revised March 1983;
(c) Test Methods for Evaluating Solid Wastes:
Physical/Chemical Methods, 3rd Edition, 1986, U.S.
Environmental Protection Agency publication number
SW-846;
(d) Test Procedures for the Analysis of Pollutants Under
the Clean Water Act, Federal Register Vol. 49, No. 209,
40 CFR Part 136, October 26, 1984;
(e) Methods or procedures approved by letter from the
Director upon application by the regulated source.
A method or procedure approved by the Director for
substances where the standard is less than the limit -ef
aeteetaaility p ractical q uantitation level.
History Note: Statutory Authority G.S. 143-215.3(a)(1);
143B-282;
Eff. August 1, 1989
Amended Eff.
15A NCAC 2L .0113 is proposed for amendment as follows:
.0113 VARIANCE
(a) The Commission, on its own initiative or pursuant to a
request under G.S. 143-215.3(e), may grant variances to wate:E
~eality-staaaaras-aaa-the-eemp1liaaee-aeHaaary. the rules of this
Subchapter. Perseas -SHBjeet -te -the -fffevisieas -af -G.S. -+39A-~94
may-apply-feF-a-vaFiaaee-Haaer-this-Seetiea.
(b) Requests for variances are filed by letter from the
applicant to the Environmental Management Commission. The
application should be mailed to the chairman of the Commission in
care of the Director, Division of Environmental Management, Post
Office Box ~+68+7 29535 Raleigh, N.C. ~+6++ 27626-0535.
(c) The application should contain the following information:
(1) Applications filed by counties or municipalities must
include a resolution of the County Board of
Commissioners or the governing board of the
municipality requesting the variance from water
groundwater quality standards which apply to the area
for which the variance is requested.
(2) A description of the past, existing or proposed
activities or operations that have or would result in a
discharge of contaminants to the groundwaters.
(3) Description of the proposed area for which a variance
is requested. A detailed location map, showing the
orientation of the facility, potential for groundwater
contaminant migration, as well as the area covered by
the variance request, with reference to at least two
geographic references (numbered roads, named
streams/rivers, etc.) must be included.
(4) Supporting information to establish that the variance
will not endanger the public health and safety,
including health and environmental effects from
exposure to the groundwater contaminants. (Location of
wells and other water supply sources including details
of well construction within 1 / 2 mile of site must be
shown on a map) .
(5) Supporting information to establish that standards
cannot be achieved by providing the best available
technology economically reasonable. This information
must identify specific technology considered, changes
in quality of the contaminant plume as demonstrated
through predictive calculations ap1p1revea --ay --the
Bireeter, and technological constraints which limit
groundwater quality restoration to the level of the
standard.
(6) Supporting information to establish that compliance
would produce serious hardship on the applicant.
(7) Supporting information that compliance would produce
serious hardship without equal or greater public
benefit.
(8) A copy of any Special Order that was issued in
connection with the contaminants in the proposed area
and supporting information that applicant has complied
with the Special Order.
(9) A list of the names and addresses of any property
owners within the proposed area of the variance as well
as any property owners adjacent to the site covered by
the variance.
(d) Upon receipt of the application, the Director will review
it for completeness and request additional information if
necessary. When the application is complete, the Director shall
give public notice of the application and schedule the matter for
a public hearing in accordance with G.S. 143-215.4(b) and the
procedures set out selew in Parag rap h (e ) of this Rule.
(e) Notice of Public Hearing.
(1) Notice of public hearing on any variance application
shall be circulated in the geographical areas of the
proposed variance by the Director at least 30 days
prior to the date of the hearing:
(A) by publishing the notice one time in a newspaper
having general circulation in said county;
(B) by mailing to the North Carolina Department of HtlmaR
Environment , Health , and Natural Resources,
Division of Heal~a-Serviees 7 Environmental Health
and appropriate local health agency;
(C) by mailing to any other federal, state or local
agency upon request;
(D) by mailing to the local governmental unit or units
having jurisdiction over the geographic area
covered by the variance;
(E) by mailing to any property owner within the
proposed area of the variance, as well as any
property owners adjacent to the site covered by
the variance; and
(F) by mailing to any person or group upon request.
(2) The contents of public notice of any hearing shall
include at least the following:
(A) name, address, and phone number of agency holding
the public hearing;
(B) name and address of each applicant whose
application will be considered at the meeting;
(C) brief summary of the proposed standard
variance or modification of the perimeter of
compliance being requested;
(D) geographic description of a proposed area for
which a variance is requested;
(E) brief description of the activities or operations
which have or will result in the discharge of
contaminants to the groundwaters described in the
variance application;
(F) a brief reference to the public notice issued for
each variance application;
(G) information regarding the time and location for
the hearing;
(H) the purpose of the hearing;
(I) address and phone number of premises at which
interested persons may obtain further information,
request a copy of each application, and inspect
and copy forms and related documents; and
(J) a brief description of the nature of the hearing
including the rules and procedures to be followed.
The notice shall also state that additional
information is on file with the Director and may
be inspected at any time during normal working
hours. Copies of the information on file will be
made available upon request and payment of cost or
reproduction.
(f) All comments received within 30 days following the date of
the public hearing shall be made part of the application file and
shall be considered by the Commission prior to taking final action
on the application.
(g) In determining whether to grant a variance, the Commission
shall consider whether the applicant has complied with any Special
Order, or Special Order by Consent issued under G.S. 143-215.2.
(h) If the Commission's final decision is unacceptable, the
applicant may file a petition for a contested case in accordance
with Chapter 150B of the General Statutes. If the petition is not
filed within 60 days, the decision on the variance shall be final
and binding.
(i) A variance shall not operate on a defense to an action at
law based upon a public or private nuisance theory or any other
cause of action.
History Note: Statutory Authority G.S. 143-215.3(a)(1);
143-215.3(a)(3); 143-215.3(a)(4); 143-215.3(e);
143-215.4;
Eff. August 1, 1989.
Amended Eff.
15A NCAC 2L .0114 is proposed for adoption as follows:
.0114 NOTIFICATION RE QUIREMENTS
(a ) An y p erson sub j ect to the req uirements of Rule .0106 (c )(1 )
of this Subcha p ter shall submit to the Heal th Director of the
count y or counties , and the chief administrative officer of the
p olitical j urisdiction in which the g roundwater contamination has
occurred , a re p ort that describes:
(1 ) The area extent of the contaminant p lume ;
(2 ) The chemical constituents in the g roundwater which
exceed the standards described in Rule . 0202 of this
Subchap ter ;
(3 ) Actions taken and intended to miti g ate threats to human
health ;
(4 ) The location of an y wells installed for the p urp ose of
monitoring the contaminant p lume and the fre q uenc y of
samp ling .
The re p ort described in this Rule shall be submitted no later
than five da y s after submittal of the com p leted re p ort assessing
the cause , sig nificance and extent of the violation as req uired b y
Rule . 0106 ( c ) .
(b ) An y p erson req uesting from the Director an alternate
cleanu p level , a pproval of a natural remediation p rog ram or
p ermission to terminate active g roundwater remediation shall
notif y the Health Director of the count y or counties , and the
chief administrative officer of the p olitical j urisdiction in
which the contaminant p lume occurs , and all p ro p ert y owners and
all occup ants within or conti g uous to the area underlain b y the
p ollution p lume , and under which it is exp ected to mi g rate , of the
nature of the req uest and reasons supporting it. Notification
shall be made b y certified mail concurrent with the submittal of
the req uest to the Director. A final decision b y the Director ma y
not be made within 30 da y s of recei p t of the req uest.
( c ) An y p erson authorized b y the Director to cleanu p to an
alternate cleanup level , rel y on a natural remediation p rog ram or
to terminate active g roundwater remediation shall notif y p arties
s p ecified in Parag rap h (b ) of this Rule of the Director's
decision. Notification shall be made b y certified mail within 30
da y s of recei p t of the Director's decision.
History Note Statutory Authorit y G.S. 143-214.1 ;
143-215.3 (a )(1 ); 143B-282 (2 )b ;
Eff.
.0200 -CLASSIFICATIONS AND WATER QUALITY STANDARDS
15A NCAC 2L .0201 is proposed for amendment as follows:
.0201 GROUNDWATER CLASSIFICATIONS
The classifications which may be
will be those specified in
classifications:
assigned to the groundwaters
the following series of
( 1 )
( 2)
Class GA wateFs g roundwaters; usage and occurrence:
(a) Best Usage. Existing or potential source of drinking
water supply for humans.
(b) Conditions Related to Best Usage. This class is
intended for those groundwaters in which chloride
concentrations are equal to or less than 250 mg/1, and
which are considered suitable for drinking in their
natural state, but which may require treatment to
improve quality related to natural conditions.
(c) Occurrence. In the saturated zone.
Class GSA wateFs g roundwaters; usage and occurrence:
(a) Best Usage. Existing or potential source of water
supply for potable mineral water and conversion to
fresh waters.
(b) Conditions Related to Best Usage. This class is
intended for those groundwaters in which the chloride
concentrations due to natural conditions is in excess
of 250 mg/1, but which otherwise may be considered
suitable for use as potable water after treatment to
reduce concentrations of naturally occurring
substances.
(c) Occurrence. In the saturated zone.
(3) Class GC wateFs g roundwaters: usage and occurrence:
(a) Best Usage. The best usag e of GC g roundwaters is as a
SeHFee source of water supply for purposes other than
drinking , including other domestic uses b y humans.
(b) Conditions Related to Best Usage. This class includes
those groundwaters that do not meet the quality
criteria ef-wateFs-haviR~-a-hi~heF-elassifieatieR for
GA or GSA g roundwaters ef -wateFs -aaviR~ -a -ai~aeF
elassifieatieR and for which efforts to FesteFe-iR-sittt
te-a-hi~aeF-elassifieatieR im p rove g roundwater q uality
would not be technologically feasible, or not in the
best interest of the public. Continued consump tion of
waters of this class b y humans could result in adverse
health affects.
(c) Occurrence. Groundwaters of this class ma y be defined
Ia-the-satHFatea-2aae 7 -as-aeteFmiaea by the Commission
on a case by case basis.
History Note: Statutory Authority G.S. 143-214.1;
143B-282(2);
Eff. June 10, 1979;
Amended Eff. ____ _._ August 1, 1989; September
1, 1984; December 30, 1983.
15A NCAC 2L .0202 is proposed for amendment as follows:
.0202 WATER GROUNDWATER QUALITY STANDARDS
(a) The wateF g roundwater quality standards for the p rotection
of the groundwaters of the state are those specified in this Rule.
They are the maximum allowable concentrations resulting from any
discharge of contaminants to the land or waters of the state,
which may be tolerated without creating a threat to human health
or which would otherwise render the groundwater unsuitable for its
intended best usage. WheFe -EJFSl:lRel.wateF -EJl:lality -staRel.aFel.s -have
aeeR-eKeeeeee-el:le-te-maR~s-aetivities,-FesteFatieR-effeFts-shall
ae -eesiEJaee -ta -FesteFe -EJFSHaawateF -EJHality -te -the -level -ef -the
staaaaFa-eF-as-elesely-therete-as-is-pFaetieaale.
(b) The maKiml:lm-allewaale-eeaeeatratieas g roundwater q ualit y
standards for contaminants specified in Paragraphs (g) and (h) of
this Rule shall be as listed, except that:
(1) Where the maximl:lm-allewaale-eeaeeatFatiea-ef standard
for a substance is less than the limit-ef-aeteetaaility
p ractical q uanti tat ion limit, the Sl:lastaaee -shall -aet
ae-peFmittea-iR-aeteetaale-eeaeeatratieas. detection of
that substance at or above the p ractical g uantitation
limit shall constitute a violation of the standard.
(2) Where two or more substances exist in combination, the
Director shall consider the effects of chemical
interactions as determined b y the Division of
Epidemiology and may establish maximum concentrations
at values less than those established in accordance
with Paragraphs (c) and (g) of this Rule. In the
absence of information to the contrary, the
carcinogenic risks associated with carcinogens present
shall be considered additive and the toxic effects
associated with non-carcinogens present shall also be
considered additive.
(3) Where naturally occurring substances exceed the
established standard, the standard will be the
naturally occurring concentration as determined by the
Director.
(c) Exce p t for tracers used in concentrations which have been
determined b y the Division of Ep idemiology to be p rotective of
human health, and the use of which has been p ermitted b y the
Division , SHastaaees substances which are not naturally occurring
and for which no standard is specified shall not be permitted in
detectable concentrations in Class GA or Class GSA groundwaters.
Any person may petition the Director to establish an interim
maximum allowable concentration for an unspecified substance,
however, the burden of demonstrating those concentrations of the
substance which correspond to the levels described in Paragraph
(d) of this Rule rests with the petitioner. The petitioner shall
submit all toxicological and epidemiological data, study results,
and calculations necessary to establish a standard in accordance
with the procedure prescribed in Paragraph ( d) of this Rule.
Within three months after the establishment of an interim maximum
allowable concentration for a substance by the Director, the
Director shall initiate action to consider adoption of a standard
for that substance.
(d) MaHimam--allewaale--eeReeatFatieRs Groundwater q uality
standards for substances in Class GA and Class GSA waters
g roundwaters are established as the lesser of:
(1) Systemic threshold concentration calculated as follows:
[Reference Dose (mg/kg/day) x 70 kg (adult body weight)
x Relative Source Contribution (.10 for inorganics; .20
for organics)] / [2 liters/day (avg. water
consumption)];
(2) Concentration which correspo~gs to an incremental
lifetime cancer risk of 1x10 ;
(3) Taste threshold limit value;
(4) Odor threshold limit value;
(5) Maximum contaminant level; or
(6) National secondary drinking water standard.
(e) The following references, in order of preference, shall be
used in establishing concentrations of substances which correspond
to levels described in Paragraph (d) of this Rule.
(1) Integrated Risk Information System (U.S. EPA).
(2) Health Advisories (U.S. EPA Office of Drinking Water).
(3) Other health risk assessment data published by U.S.
EPA.
(4) Other appropriate, published health risk assessment
data.
(f) WateFGroundwater quality standards specified in Paragraphs
(g) and (h) of this Rule and interim maximum allowable
concentrations established pursuant to Paragraph (c) of this Rule
shall be reviewed on a biennial basis. Appropriate modifications
to established standards will be made in accordance with the
procedure prescribed in Paragraph (d) of this Rule where
modifications are considered appropriate based on data published
subsequent to the previous review.
(g) Class GA Standards. Where not otherwise indicated, the
standard refers to the total concentration in milligrams per liter
of any constituent in a dissolved , colloidal or p articulate form
which is mobile in g roundwater. This does not a pp l y to sediment
or other p articulate matter which is p reserved in a g roundwater
samp le as a result of well construction or samp ling p rocedures.
{1 ) acetone: 0.7
illf+t acrylamide (propenamide): 0.00001
.Ll.lf~t arsenic: 0.05
.i.ilf3t barium: +.e 2.0
illf4t benzene: 0.001
illf§t bromoform (tribromomethane): 0.00019
illf6t cadmium: 0.005
.ifil..f+t carbofuran: 0.036
1llf8t carbon tetrachlorid~S 0.0003
.1..1Qlf9t chlordane: 2.7 x 10
i.1.1.lf+8t chloride: 250.0
.1..lllf++t chlorobenzene: 8.3 0.05
illlf+2t chloroform (trichloromethane): 0.00019
ililf+3t 2-chlorophenol: 0.0001
l.Ll.lf+4t chromium: 0.05
1.illf+5t cis-1,2-dichloroethene: 0.07
il1lf+6t coliform organisms (total): 1 per 100 milliliters
i.lJUf++t color: 15 color units
1..12.lf+St copper: 1.0
il.Q.lf+9t cyanide: 0.154
il1.lf28t 2, 4-D (2,4-dichlorophenoxy acetic ac!g): 0.07
illlf2+t 1,2-dibromo-3-chloropropane: 2.5 x 10 )
il.li_f22t dichlorodifluoromethane (Freon-12; Halon): 8.888+9 L._i
(24 ) 1 ,1 dichloroethane: 0.7
J..lllf23t 1,2-dichloroethane (ethylene dichloride): 0.00038
ilfil.f24t 1,1-dichloroethylene (vinylidene chloride): 0.007
.Ll.1.lf25t 1,2-dichloropropane: 0.00056
(28 ) di-n-but y l (or dibut y l ) p hthalate (DBP ): 0.7
{29 ) diethy l p hthalate (DEP ): 5.0
(30 ) di (2-eth y lhexy l ) p hthalate (DEHP ): 0.003
il1..lf~6t p-dioxane (1,4-d!r5hylene dioxide): 0.007
-1..J.llf~+t dioxin: 2.2 x 10
.1.1.ll.f~St dissolved solids (total): 500
.l.J.!lf~9t endrin: 8.999~ 0.002
.Ll.2lf38t epichlorohydrin (1-chloro-2,3-epoxypropane): 0.00354
.1.l.fil.f3+t ethylbenzene: 0.029 _5 ..Ll.Ilf32t ethylene_9ibromide (EDB; 1,2-dibromoethane): 9.95-M-+9--
4.0 X 10
Llfilf33t ethylene glycol: 7.0
.Ll.2.lf34t fluoride €±eHFiae: 2.0
ilQlf35t foaming agents: 0.5
1llif36t gross alpha (adjusted)particle activity (iRe±HeiR§
FaeiHm-~~6-aHt excluding FaeeR radium-226 and uranium):
15 pCi/1 _5 _6 ~f3+t heptachlor: +.6-M-+9--8.0 x 5o _6 1..!J.J_f38t heptachlor epoxide: 3.8-M-+9--4.0 x 10
(44 ) hep tane: 2.1
J...i.2lf39t hexachlorobenzene (perchlorobenzene): 0.00002
il.fil.f4Gt n-hexane: +4.3 0.42
ill.lf4+t iron: 0.3
1.!filf4~t lead: 9.95 0.015 _5 4 i!fil..f43t lindane: ~.65-M-+9--2.0 x 10-
ilQlf44t manganese: 0.05
il1.lf45t mercury: 0.0011
illlf46t metadichlorobenzene (1,3-dichlorobenzene): 0.62
illlf4+t methoxychlor: 9.+ 0.035
il.!l_f48t methylene chloride (dichloromethane): 0.005
illif49t methyl ethyl ketone (MEK; 2-butanone): 0.17
ilfilf59t methyl tert-butyl ether (MTBE): 0.2
illlf5+t nickel: 8.+5 ~
1.filUf52t nitrate: (as N) 10.0
.Ll.2.lf53t nitrite: (as N) 1 .0
1..§Qlf54t orthodichlorobenzene (1,2-dichlorobenzene): 0.62
i.§llf55t oxamyl: 0.175
illJ.f56t paradichlorobenzene (1,4-dichlorobenzene): 8.99+8 0.075
.tfillf5+t pentachlorophenol: 8.22 0.0003
.i.§.ilf58t pH: 6.5 -8.5
.i.§.ilf59t radium-226 and radium-228 (combined): 5 pCi/1
J..§_fil_f69t selenium: 9.9+ 0.05
ill.lf6+t silver: 9.95 0.018
.ifilU.f6~t styrene (ethenylbenzene): +.4-x-+9~ ~
.1.§.ilf63t sulfate: 250.0
11Qlf64t tetrachloroethylene (perchloroethylene; PCE): 0.0007
111lf65t toluene (methylbenz~ge): 1 .0
J.lllf66t toxaphene: 3.1 x 10
1.1..li.f6+t 2, 4, 5,-TP (Silvex): 8.8+ 0.05
11.ilf68t trans-1,2-dichloroethene: 0.07
11.alf69t 1,1,1-trichloroethane (methyl chloroform): 0.2
.i.1filf+9t trichloroethylene (TCE): 0.0028
(77 ) trichlorofluoromethane: 2.1
ilfilf++t vinyl chloride (chloroethylene): 1 .5 x 10-5
illif+~t xylenes (o-, m-, and p-): 9.4 0.53
_(_§Qj_f+3t zinc: 5.9 l._J
(h) Class GSA Standards. The standards for this class shall
be the same as those for Class GA except as follows:
(1) chloride: allowable increase not to exceed 100 percent
of the natural quality concentration.
(2) total dissolved solids: 1000 mg/1.
(i) Class GC Waters.
(1) The concentrations of substances which, at the time of
classification exceed water-qHality-staRaaras 7 the
standards a pplicable to Class GA or GSA g roundwaters
shall not be peFmittea caused to increase , nor shall
the concentrations of other substances be caused to
exceed the GA or GSA standards as a result of further
dis p osal of contaminants to or beneath the surface of
the land within the boundar y of the area classified GC.
Fer-all-ether-SHBstaRees 7 -eeaeeRtratieRs-shall-Ret-ae
eaHsea-eF-permittea-te-exeeea-the-estaalishea-staaaaFa.
(2) The concentrations of substances which, at the time of
classification, exceed wateF-qHality-staRaaFas-sha±±
aet-eaHse-eF-eeRtFiaHte-te-the-eeRtraveRtieR-ef the
standards a pp licable to GA or GSA g roundwaters shall
not be caused to mi g rate as a result of activities
within the boundary of the GC classification , so as to
violate the groundwater or surface water quality
standards in adjoining waters of a different class.
(3) Concentrations of specific substances, which exceed the
established standard at the time of classification,
shall be listed in Section .0300 of this Subchapter.
History Note: Statutory Authority G.S. 143-214.1; 143B-282(2);
Eff. June 10, 1979;
Amended Eff. · September 1, 1992; August
1, 1989; September 1, 1984; December 30, 1983.
* * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G. S. J 50B-21. 2 that the EHNR -Division qf Environmental
Management intends to adopt rule cited as 15A NCA C 2L. OJ 14 and amend rules cited as 15A NCA C 2L. 0102
-.0104,· .0106 -.0107,· .0109 -.0113,· .0201 -.0202.
The proposed effective date qf this action is September 1, 1993.
The public hearings will be conducted at 7:00 p.m. on the.following dates and locations:
April 1, 1993
Onslow County Courthouse
Old Courthouse
625 Court Street
Jacksonville, N. C.
April 5, 1993
Martin County Community College
College Auditorium
Kehukee Park Road
Williamston, N. C.
April 7, 1993
Ground Floor Hearing Room
Archdale Building
512 N. Salisbury St.
Raleigh, N. C.
April 20, 1993
Rowan-Cabarrus Community College
Teaching Auditorium
Jake Alexander Blvd. and 1-85
Salisbury, N. C.
April 21, 1993
UNC-ASHEVII.LE
Carmichael Lecture Hall
I University Heights
Asheville, N. C.
Reason for Proposed Action: The proposed amendments to 15A NCA C 2L will amend the Groundwater
Classifications and Standards regarding policy, RS designation, corrective action, compliance boundary,
delegation, monitoring, reports, variance, groundwater class{fications, and water quality standards. The
adoption qf I 5A NCA C 2L . OJ 14 will establish notification requirements under this Subchapter.
Comment Procedures: Notice is hereby given of a series of public hearings to be held by the Division qf'
Environmental Management, on behalf of the Environmental Management Commission (EMC), to consider
amendments to 15A NCAC 2L, Groundwater Classlfication and Standards. The purpose of the proposed
amendments is to improve the processes required to be followed in cleaning up groundwater contamination
and providing protection for groundwater that ;,s being used, or may potentially be used for drinking water.
To accomplish this objective, definitions have been added, some clean up activities have been restricted to
persons licensed by prqfessional boards, and requirements for designation qf RS (Restricted) groundwaters
are clartfied and extended to include monitoring and notice requirements. Corrective action requirements are
rewritten to include minimum cleanup requirements, iriformation that must be included in cleanup plans,
requirements for the use of best available technology, procedures for requesting alternative cleanup levels,
and provisions that would allow for the natural degradation of contaminants when evidence is submitted that
l
this cleanup approach can be effective and is protective of groundwater that is or may be used for drinking
water. In addition, revisions are proposed in the compliance boundary rule that would exempt small
residential ground absorption systems from water well location restrictions and compliance boundary
requirements, and that would maintain consistency with new rules for the permitting of agricultural waste
management sites. Other proposed rule changes include requirements for providing notice ~f corrective action
to the Health Director in the County where a contamination plume has occurred, and the addition and revision
of standards to incorporate recent toxicological knowledge.
In developing these rules, concern was expressed that considerable judgement must be exercised in
enforcement regarding the determination of the impact of contamination on groundwater that may be a
potential source of drinking water. Consideration was also given to the use of Maximum Contaminate Levels
(MCLs) for cleanup standards instead of continuing the use of Groundwater Standards for both groundwater
protection and contaminate cleanup. Comments were received regarding the adequacy of requirements for
notice to parties that might be impacted by a proposed cleanup activity. In addition, comments were also
received regarding the decision-making criteria the Director must use in approving cleanup plans.
The EMC is interested in all comments from the public or interested parties regarding the proposed
amendments and alternatives to these amendments and is particularly interested in comments and public
opinion regarding the impact of these rule changes on the use ~f groundwater as existing or potential sources
of drinking water for public or private use.
THESE PROPOSED AMENDMENTS REPRESENT A SIGNIFICANT CHANGE FROM PRESENT PRACTICE
SINCE THEY WOUW NOT AL WAYS REQWRE THE APPLICATION OF BEST AVAILABLE TECHNOLOGY
TO RESTORE GROUNDWATER TO THE LEVEL OF THE STANDARD. NEW APPROACHES PROPOSED
INCLUDE THE USE OF ALTERNATIVE CLEANUP LEVELS AND NATURAL REMEDIATION PROCESSES
WHEN THESE PROCESSES ARE DETERMINED BY THE DIVISION TO BE PROTECTIVE OF PUBLIC
HEALTH.
IT IS VERY IMPORTANT THAT All INTERESTED AND POTENTIALLY AFFECTED PERSONS OR PARTIES
MAKE THEIR VIEWS AND OPINIONS KNOWN, preferably in writing, TO THE EMC WHETHER THEY ARE
IN FAVOR OR OPPOSED TO ANY OR ALL OF THE PROPOSED AMENDMENTS TO THE GROUNDWATER
CLASSIFICATIONANDSTANDARDS. PUBLJCCOMMENTISVITALLYIMPORTANTBECAUSETHEEMC
MAY ADOPT MORE OR LESS STRINGENT AMENDMENTS IF THE EMC DETERMINES THAT THE FINAL
ADOPTED RULES ARE A LOGICAL OUTGROWTH OF THE NOTICE AND PUBLIC COMMENT.
All persons interested in these matters are invited to attend the public hearings noticed herein. Written
comments may be presented at the public hearing or submitted through April 23, 1993. Please submit
comments to Mr. David Hance, Division of Environmental Management, Groundwater Section, P. 0. Box
29535, Raleigh, NC 27626-0535, [phone].
Please notify Mr. Hance prior to the public hearing if you desire to speak. Oral presentation lengths may be
limited depending on the number of people that wish to speak at the public hearing. Oral presentations
greater than three minutes in length are requested to be submitted in writing.
CHAPTER 2 -ENVIRONMENT AL MANAGEMENT
SUBCHAPTER 2L -GROUNDWATER
CLASSIFICATION AND STANDARDS
SECTION .0100 -GENERAL CONSIDERATIONS
.0102 DEFINITIONS
The definition of any word or phrase used in these rules shall be the same as given in G.S. 143-212 and
G.S. 143-213 except that the following words and phrases shall have the following meanings:
(1) "Bedrock" means any consolidated rock encountered in the place in which it was formed or deposited
and which cannot be readily excavated without the use of explosives or power equipment.
(2) "Commission" means the Environmental Management Commission as organized under Chapter 143B
of the General Statutes.
(3) "Compliance boundary" means a boundary around a disposal system at and beyond which wfttet'-
groundwater quality standards may not be exceeded and only applies to facilities which have received
(a) The rules established in this Subchapter are intended to maintain and preserve the quality of the
groundwaters, prevent and abate pollution and contamination of the waters of the state, protect public health,
and permit management of the groundwaters for their best usage by the citizens of North Carolina. It is the
policy of the Commission that the best usage of the groundwaters of the state is as a source of drinking water.
These groundwaters generally are a potable source of drinking water without the necessity of si gnificant
treatment. It is the intent of these Rules to protect the overall high quality of North Carolina's groundwaters
and to enhttnee ttHEI feSt6fe the qua:lity of de,gfftded groundv,•fttefs to the level established by the standards-:-and
to enhance and restore the quality of degraded ~roundwaters where feasible and necessa ry to protect human
health and the environment . or to ensure their suitability as a future source of drinking water.
(b) It is the intention of the Commission to protect all groundwaters to a level of quality at least as high as
that required under the standards established in Rule .0202 of this Subchapter. In keeping with the policy of
the Commission to protect, maintain, and enhance groundwater quality within the State of North Carolina,
the Commission will not approve any disposal system subject to the provisions of G.S. 143-215.1 which would
result in:
(1) the significant degradation of groundwaters of which the existing quality is better than the assigned
standard, unless found to be economically and socially justifiable, or
(2) a violation of a wfttet' groundwater quality standard beyond the eouHdttfies of the pl'Operty ott '+Vhieh
the soufee of poHtttioa is loeftted, or f!: desi gnated com pliance boundary, or
(3) the impairment of existing groundwater uses or an adverse impact on the public health, safety or
welfare.
(c) Violations of groundwater quality standards resulting from groundwater withdrawals which are in
compliance with water use permits issued pursuant to G.S. 143-215.15, shall not be subject to the corrective
action requirements of Rule .0106 of this Subchapter.
(d) No person shall conduct or cause to be conducted, any activity which causes the concentration of any
substance to exceed that specified in Rule .0202 of this Subchapter, except as authorized by the rules of this
Subcbapter.
f!tl Work performed pursuant to the rules of this Subcha pter which involves site assessment. the
inte rp retation of subsurface geologic conditions . preparation of conceptual corrective action plans or !!!!Y work
requiring detailed technical knowled ge of site conditions which ~ submitted to the Director , shall be
performed .!2y persons, firms or professional co rp orations who are duly licensed to offer geological or
engineering services .!2y the appropriate occu pational licensin g board. Work which involves design of remedial
systems or s pecialized construction techniq ues shall be performed .!2y persons, firms or professional
co 1p orations who are duly licensed to offer engineering services. Co rp orations that are authorized .!2y law to
perform engineering or geological services and~ exempt from the Professional Co rp oration Act, G.S. 55B.
may perform these services.
Statutory Authority G.S. 143-214.1,· 143-214.2; 143-215.3(e),· 143-215.3(a)(l); 143B-282 .
. 0104 RESTRICTED DESIGNATION (RS)
(a) The Director is authorized to designate GA or GSA groundwaters as RS under any of the following
circumstances:
(1) Where, as a result of man's activities, groundwaters contain concentrations of substances in excess
of the groundwater quality standards established under this Subchapter, and remedial termination
of corrective action to restore groundwater quality has been feCIUtred, Of approved .!2y the Director.
or where the Director has approved ~ corrective action plan, or alternate cleanup levels, relying
solely or in part upon natural remedial processes and, in either case, the groundwaters can be made
potable .!2y using readily available and economically reasonable technolo gy .
(2) Where a statutory variance has been granted as provided in Rule .0113 of this Subchapter.
ill Where the area im pacted ll:! served .!2y _g public water system.
ill Groundwaters occurrin g within an area defined .!2y ~ com pliance boundary in _g waste disposal permit
are deemed to be desi gnated RS.
il:}-EeJ The RS designation serves as a warning that groundwater so designated may not be suitable for use
as a drinking water supply without si gnificant treatment. The boundaries of areas designated RS may be
approximated in the absence of analytical data sufficient to define the eKteat of gfottadwB:ter degmdatioa.
dimension of the area, at right angles to the direction of groundwater flow, into which the contaminants have
the potential to migrate. The designation is temporary and will be removed by the Director upon a
determination that the quality of the groundwater so designated has been restored to the level of the applicable
standards or when reclassified.,_G&.
@ The person res ponsible for groundwater contamination leading to the RS desi gnation shall establish and
im plement ~ groundwater monitorin g system sufficient to detect changes in groundwater quality within the
desi gnated area. Monitorin g shall be continued periodically until the applicable groundwater quality standards
have been achieved. !f during the monitorirn! period, contaminant concentrations increase . additional remedial
action may be r eq uired . as determined QY the Director .
ill The Division shall give public notice in accordance with the followin g requirements of the intent to
desi gnate fil!Y groundwater RS except those defined in Paragraph .(Q)_ of this Rule :
ill Notice shall be published one time in~ newspaper having general circulation in the geographic area
of the RS desi gnation fil least 30 days prior to ~ proposed final action . In addition . notice shall
be provided to the local County Health Director and the chief administrative officer of the political
jurisdiction in which the contamination occurs.
ill The notice shall set forth fil least the followin g :
® name, address, and phone number of the agency issuing the public notice;
ill)_ the location and extent of the desi rnated area;
.(Q ~ brief descri ption of the action or actions which resulted in the degradation of groundwater in
the area;
fill actions or intended actions taken to restore groundwater quality;
ill)_ the si gnificance of the RS desi gnation :
.(fl conditions applicable to removal of the RS desi gnation:
ill)_ address and phone number of the state agency premises at which interested parties may obtain
further information.
ill The Director shall consider all requests for ~ public bearing, and if be determines that there .i§
si gnificant public interest be shall issue public notice and hold ~ public hearing in accordance with
G .S 143-215.4(b) and .0113(e) of this Rule.
Statutory Authority G.S. 143-214.1; 143-215.3(a)(l); 143B-282(2) .
. 0106 CORRECTIVE ACTION
( a) The goal of aetions taken to restore groundviater quality shall be restoratioH to the leYel of the standards,
or as elose thereto as is eeoB.offlieaHy f:l.ftd teehnologieally feasible. Where groundwater quality bas been
degraded . the goal of fil!Y required corrective action shall be restoration to the level of the groundwater quality
standards specified in Rule .0202 of this Subcha pter. or as closely thereto as ~ economicall y and
technolo gicall y feasible.
(b) Any person conducting or controlling an activity which results in the discharge of a waste or hazardous
substance or oil to the groundwaters of the State, or in proximity thereto , shall take immediate action to
terminate and control the discharge, mitigate any hazards resulting from exposure to the pollutants and notify
the DepartmeB.t Division of the discharge.
(c) Any person conducting or controlling an activity which results in an increase in the concentration of a
substance in excess of the groundwater standard:
(1) as the result of activities, other than agricultural operations, not permitted by the 8~tate, shall
immediately notify the Division of the increases ; take prompt action to eliminate the source or
sources of contamination ; submit ~ report to the Director assessi!!g the cause, significance and
extent of the violation; and submit a im plement an approved corrective action plan and sehedule
for eliminating the souree of eontaffli:nation and for restoration of groundwater quality;-and
implement an e.ppro't1etl. plan in accordance with a schedule established by the Director, or his
designee . In establishing a schedule the Director, QI his desi 1rn ee shall consider any reasonable
schedule proposed by the person submitting the plan. A report shall be made to the Health
Director of the county or counties in which the contamination occurs in accordance with the
reguirements of Rule .0114(a) in this Subcha pter.
(2) as a result of activities conducted under the authority of a permit issued by the 8~tate, shall, where
such concentrations are detected:
(A) at or beyond a review boundary, demonstrate , through predictive calculations or modeling, that
natural site conditions, facility design and operational controls will prevent a violation of
standards at the compliance boundary; or submit a plan for alteration of existing site conditions ,
facility design or operational controls that will prevent a violation at the compliance boundary ,
and implement that plan upon its approval by the Director, or his designee.
(B) at or beyond a compliance boundary, shall assess the cause, significance and extent of the
violation of groundwater quality standards and submit the results of the investigation, a plan , and
proposed schedule for grouadwater quality restoration corrective action to the Director,. or his
designee. The permittee shall implement the plan as approved by and in accordance with a
schedule established by the Director.,_ or his designee. In establishing a schedule the Director.,_
or his desi gnee shall consider any reasonable schedule proposed by the permittee.
ill Corrective action required followin g discovery of the unauthorized release of .1! contaminant to the
surface or subsurface of the land, and prior to or concurrent with the assessment required in Paragraph ill
of this Rule, shall include, but~ not limited to:
ill Prevention of fi r e, ex plosion or the spread of noxious fumes;
ill Abatement. containment or control of the mi gration of contaminants :
ill Removal , or treatment and control of fil!Y primary pollution source such as buried waste, waste
stockpiles or surficial accumulations of free products:
ill Removal . treatment or control of secondary p ollution sources which would be .1! potential continuing
source of pollutants to the groundwaters such as contaminated soils and non-aq ueous phase liquids .
Contaminated soils which threaten the quality of groundwaters must be treated, contained or
disposed of in accordance with applicable rules and procedures established !2y the Division. The
treatment or disposal of contaminated soils shall be conducted in g manner that will not result in
g violation of groundwater quality standards and North Carolina Hazardous Waste Manae.ement
rules .
~ The site assessment conducted pursuant to the n.guirements of Subparagraph ~ of this Rule, shall
consider or address:
ill The source and cause of contamination ;
ill Any imminent hazards to public health and safety and actions taken to mitigate them in accordance
with Paragraph ill of this Rule.
ill All groundwater receptors and si gnificant exposure pathways;
ill The horizontal and vertical extent of soil and groundwater contamination and all si gnificant factors
affecting contaminant transport:
ill Geolo gical and hydrogeological features influencin g the movement_ chemical. and physical
character of the contaminants .
Reports of site assessments shall be submitted to the Division as soon as practicable or in accordance with 1!
schedule established QY the Director, or his desi gnee. In establishing .1! schedule the Director. or his designee
shall consider l!!!Y reasonable proposal QY the person submittin g the report.
ill Corrective action plans for restoration of groundwater quality, submitted pursuant to Paragraph ill of
this rule shall include:
ill A descri ption of the proposed corrective action and reasons for its selection.
ill Specific plans, including engineering details where applicable, for restorin g groundwater quality .
ill A schedule for the im plementation and o peration of the proposed plan.
ill A monitorin g plan for determining the effectiveness of the proposed corrective action and the
movement of the contaminant plume .
.(g)_tdJ In the evaluation of corrective Femedial action plans, the Director,. or his designee shall consider the
extent of any violations, the extent of any threat to human health or safety, the extent of damage or potential
adverse impact to the environment, technology available to accomplish restoration.,, and the potential for
degradation of the contaminants in the environment , the time and costs estimated to achieve e.roundwater
quality restoration . and the public and economic benefits to be derived from groundwater quality restoration-,-
and the probable conseq uences of alternate actions.
{hl A corrective action plan must be im p lemented using the best available technology for restoration of
groundwater quality to the level of the groundwater ~ standards s pecified in Rule .0202 of this
Sub ch apter un les s :
ill ill! alternate cleanup level has been established QY the Director pursuant to Paragraph ill of this
Rule, QL.
ill natural remediation has been approved QY the Director in accordance with the provisions of
Paragraph 00 of this Rule .
.ill An alternate cleanup level to .1! standard established in Rule .0202 of this Subchapter may be approved
QY the Director if sufficient infonnation ~ presented to support .1! determination QY the Director that:
ill an alternate cleanup level will be protective of human health and the environment based on
evidence that the contaminant will not adversel y impact l!!!Y existing or foreseeable receptor . either
due to site specific conditions or an approved remedial action involving engineering control of the
contaminant ; such evidence could include, but~ not limited to:
.(Al travel time and natural attenuation capacity of subsurface materials are such that the standards
specified in Rule .0202 of this Subchapter at a location no closer than one year time of travel
upgradient of an existing or foreseeable receptor are protected.
{ID .!! physical barrier to groundwater mi e.ration exists or will be installed QY the res ponsible Pfil1Y
sufficient to result in preservation of the groundwater standard s pecified in Rule .0202 of this
Subchapter fil .!! location no closer than one year time of travel upgradient of an existing or
foreseeable receptor : QL.
ill new toxicolo gical information has become available which the Division of Epidemiology determines
would justify cleanup to g standard different from those specified in Rule .0202 of this Subchapter .
.ill A request for an alternate cleanup level shall be submitted to the Director and shall include:
ill g descri ption of site specific conditions :
ill the technical basis for the request;
ill g discussion of and rationale for the request;
ill sufficient evidence to support g determination t?y the Director that an alternate cleanup level would
be consistent with all other environmental laws;
ill ~ other information req uested QY the Director to thoroughly evaluate the request; and
® evidence that public notice of the request has been provided in accordance with Rule .0114(b) of
this Subcha pter.
00 The Director may be r eq uested to approve .!! corrective action plan dependent upon natural processes
of degradation and attenuation of contaminants . Evidence and other information submitted in support of the
request shall include:
ill sufficient evidence to support g determination QY the Director that:
{A) all sources of contamination and free product have been removed or controlled pursuant to
Paragraph @ of this Rule: and
{ID The contaminants present exist in concentrations that do not currently and are not calculated to
migrate to ~ existing or foreseeable receptor above applicable standards ;
ill evidence of the contaminant's degradation and attenuation capacity:
ill identification and discussion of site-s pecific characteristics indicatin g that conditions are adequate
to support contaminant degradation or attenuation ;
ill g groundwater monitorin g program sufficient to track the degradation and attenuation of
contaminants within and down gradient of the plume and to detect contaminants prior to their
reaching fil:!Y existing or foreseeable receptor at least one year's time of travel upgradient of the
receptor and no greater than the distance the groundwater ill the contaminated site could travel in
five years.
ill written documentation of projected groundwater use in the contaminated area based on current state
or local government planning efforts;
® copies of written notice, to all property owners and all occu pants within or conti l!uous to the area
underlain t?y the pollution plume, and under which i! .i§_ ex pected to migrate, stating that fact;
ffi evidence that all necessary access a greements needed to monitor groundwater quality pursuant to
ill above have been or can be obtained: and
.(fil evidence that public notice of the request has been provided in accordance with Rule .0114(b) of
this Subchapter.
If ill ~ time the Director determines that !! contaminant . being monitored under g natural remediation
program, has the potential to migrate to any existing or foreseeable receptor above applicable groundwater
standards . or if contaminant concentrations are not decreasin e:. the res ponsible party shall im plement an active
g:roundwater corrective action plan in accordance with !! schedule established QY the Director.
ill The Director may consider g request to allow the termination of corrective action . The request must
include:
ill
m
A demonstration QY the party making the request that continuance of corrective action would not
result in .!! si gnificant reduction in the concentration of contaminants. At .!! minimum this
demonstration must include .!! showing that the asymptotic slope of the contaminants curve of
decontamination is less than a ratio of 1 :40 over a term of one year based on quarterly sampling.
A discussion of the duration of the corrective action, the total project's cost, projected annual cost
for continuance and evaluation of the success of the corrective action.
ill An evaluation of alternate treatment technolo gies which could result in further reduction of
contaminant levels with projected capital and annual cost.
ill Effects, includin g health and safety impacts, on g_roundwater users if contaminant levels remain.!!!
levels existing at the time corrective action .i§_ terminated.
ill Evidence that public notice of the request has been provided in accordance with Rule .0114(b) of
this Subchapter.
fejThe Director may authorize the diseoB.tiB.1:tB:Hee ofremedia:l e:etioB to restore gro1:tB.d'NB:ter qt:te:lity to the level
of the sta:B.de:rd l:tfJOB e: demoB.:StrB:tioB. by the respoB.sible party to the Direetor the:t eoB.tiB.1:tB:B.ee wot:tld Hot rest:tlt
iB sigfl:ifieaB.t reduetioB iB the eoaeeB:tre:tioH of eoB:tamiB.nB.ts. 1ft the eoB:sideratioH of a request to diseoB:tiB:ue
remedial e:etioB:s, the Direetor shall eoB.sider the dt:trB:tioH B:ftd degree of sueeess of remedial efforts , the
feasibility of other tree:t:meB:t teel:tB:iques v1hieh eot:tld result iH further redt:tetioH of eoB.tamimmt le•,rels, B:B.d the
effeet oft gre1:tB.d·.,,«8:ter 1:tsers if eoB.te:miHe:nts remaiH 8:t le·1els e:ltisting 8:t the time of term:ine:tion of remedial
8:etiefr.-the termination of the corrective action, or amend the corrective action plan after considerin g all the
..
information in the request. Upon termination of corrective action, .!! groundwater monitoring program shall
be required sufficient to track the degradation and attenuation of contaminants fil !! location of fil least one
year's time of travel upgradient of any existing or foreseeable rece ptor. The monitorin g program shall remain
in effect until there ~ sufficient evidence that the contaminant concentrations have been reduced to the level
of the standards .
.(m}OO Upon a determination by the Director that continued femedial corrective aetiet¥.r action would result
in no significant reduction in contaminant concentrations, the responsiele pft:ffy shall petitioa for a •;afiaaee
Of a feelassifieation of the impacted grottnd\Yaters. and the im pacted groundwaters can be made potable fil'.
treatment using readily available and economically reasonable technology, the Director may desi gnate the
remainin g ™ of degraded 2:roundwater RS. Where the remainin !!: de!!:raded !!roundwaters cannot be made
potable fil'. such treatment. the Director may consider.!! request for reclassification.
fu} If fil filll:'. time the Director determines that new technology
~ available that would remediate the contaminated groundwater to the standards specified in Rule .0202, the
Director may require the res ponsible Pfil:!Y to implement an active groundwater corrective action plan in
accordance with .!! schedule established QY the Director.
fQ2W Where groundwater quality standards are exceeded as a result of the application of pesticides or other
agricultural chemicals, the Director shall request the Pesticide Board or the Department of Agriculture to assist
the Division of Environmental Management in determining the cause of the violation. If the violation is
determined to have resulted from the use of pesticides, the Director shall request the Pesticide Board to take
appropriate regulatory action to control the use of the chemical or chemicals responsible for, or contributing
to, such violations, or to discontinue their use.
Statutory Authority G.S. 143-215.2; 143-215.J(a)(l); 143B-282 .
. 0107 COMPLIANCE BOUNDARY
(a) For disposal systems individuall y permitted prior to December 30, 1983, the compliance boundary is
established at a horizontal distance of 500 feet from the waste boundary or at the property boundary,
whichever is closer to the source.
(b) For disposal systems individuall y permitted on or after December 30, 1983, a compliance boundary shall
be established 250 feet from the waste boundary, or 50 feet within the property boundary, whichever point
is closer to the source.
(c) The boundary shall be established by the Director.,_ or his desi gnee at the time of permit issuance. Any
sale or transfer of property which affects a compliance boundary shall be reported immediately to the Director.,_
or his desi gnee. For disposal systems which are not governed by Paragraphs (e) or (f) of this Rule, the
compliance boundary affected by the sale or transfer of property will be re-established consistent with
Paragraphs (a) or (b) of this Rule, whichever is applicable.
(d) Except as provided in Paragraph .(g} of this Rule.For disposal systems permitted or repermitted after
January 1, 1993, no water supply wells shall be constructed or operated within the compliance boundary-: of
.!! disposal system individuall y permitted or repermitted after January l,_ 1993.
(e) Except as provided in Paragraph .(g} of this Rule, For disposal systems ~erlllitteEl or repeffflitted after
Jaattary 1, 1993, a permittee shall not transfer land within an established compliance boundary of.!! disposal
system permitted or repermitted after January 1_,_ 1993 unless:
(1) the land transferred is serviced by a community water system as defined in 15A NCAC 18C, the
source of which is located outside the compliance boundary; and
(2) the deed transferring the property:
(A) contains notice of the permit, including the permit number, a description of the type of permit,
and the name, address and telephone number of the permitting agency; and
(B) contains a restrictive covenant running with the land and in favor of the pennittee and the State,
as a third party beneficiary, which prohibits the construction and operation of water supply wells
within the compliance boundary; and
(C) contains a restrictive covenant running with the land and in favor of the permittee and the State,
as a third party beneficiary, which grants the right to the permittee and the State to enter on such
property within the compliance boundary for groundwater monitoring and remediation purposes.
(f) If at the time a permit is issued or reissued after January 1, 1993, the permittee is not owner of the land
within the compliance boundary, it shall be a condition of the permit issued or renewed that the landowner
of the land within the compliance boundary, if other than the permittee, and except as provided in Paragraph
.(g} of this Rule, execute and file in the Register of Deeds in the county in which the land is located, an
easement running with the land which:
(1) contains:
(A) either a notice of the permit, including the permit number, a description of the type of permit,
and the name, address and telephone number of the permitting agency; or
(B) a reference to a notice of the permit with book and page number of its recordation if such notice
is required to be filed by statute;
(2) prohibits the construction and operation of water supply wells within the compliance boundary; and
(3) reserves the right to the permittee and the State to enter on such property within the compliance
boundary for groundwater monitoring and remediation purposes. The easement may be tenninated
!!)'. the Director when its purpose has been fulfilled or the need for the easement no longer exists.
Under those conditions the Director. fil the request of the landowner. may file with the appropriate
Register of Deeds, ~ document terminatin g the easement.
.(g)_ The req uirements of Paragraphs @1 ill and ill of this Rule are not applicable to ground adso rp tion
treatment systems serving four or fewer single family dwellin gs or multiunit dwellin gs of four or fewer units.
{hlfgj The boundary shall form a vertical plane extending from the water table to the maximum depth of
saturation.
ill.W For ground absorption sewage treatment and disposal systems which are permitted under 15A NCAC
18A .1900, the compliance boundary shall be established at the property boundary.
ffiftj Penalties authorized pursuant to G.S. 143-215.6A(a)(1) will not be assessed for violations of wttte¥
groundwater quality standards within a compliance boundary unless the violations are the result of violations
of permit conditions or negligence in the management of the facility .
.(k).f:H The Director shall require:
(1) that permits for all activities governed by G.S. 143-215.1 be written to protect the quality of
groundwater established by applicable standards, at the compliance boundary;
(2) that necessary groundwater quality monitoring shall be conducted within the compliance boundary;
and
(3) that a violation of standards within the compliance boundary resulting from activities conducted by
the permitted facility be remedied through clean-up, recovery, containment, or other response when
any of the following conditions occur:
(A) a violation of any standard in adjoining classified Wfttefs-groundwaters occurs or can be
reasonably predicted to occur considering hydrogeologic conditions, modeling, or other available
evidence;
(B) an imminent hazard or threat to the public health or safety exists; or
(C) a violation of any standard in groundwater occurring in the bedrock other than limestones found
in the Coastal Plain sediments-:-.,_ unless i! can be demonstrated that the violation will not adversel y
impact, or have the potential to adversel y impact!!: water ~ well.
Statutory Authority G.S. 143-215.J(b); 143-215.3(a)(I); 143B-282 .
. 0109 DELEGATION
(a) The Director is delegated the authority to enter into consent special orders under G.S. 143-215.2 for
violations of the water E:roundwater quality standards except when a public meeting is required as provided
in 15A NCAC 2H .1203.
(b) The Director is delegated the authority to prepare a proposed special order to be issued by the
Commission without the consent of the person affected and to notify the affected person of that proposed order
and of the procedure set out in G.S. 150B-23 to contest the proposed special order.
(c) The Director,. or his desi gnee shall give public notice of proposed consent special orders as specified
in 15A NCAC 2H .1203.
Statutory Authority G.S. 143-215.2; 143-215.J(a)(I),· ]43-215.3(a)(4) .
. 0110 MONITORING
(a) A.Hy pet'SOfl suejeet to ~e pFoYisioBs of G.S. 143 215.1 Except where exem pted !!)'. statute or this
Subcha pter . ill:!Y person who causes, permits or has control over any discharge of waste, or !!roundwater
cleanup program, shall install and im plement a monitoring system, at such locations, and in such detail, as
the Director,. or his desi !rnee may require to evaluate the effects of the discharge upon the waters of the state,
including the effect of any actions taken to restore groundwater quality, as well as the efficiency of any
treatment facility. The monitorin e: plan shall be prepared under the res ponsible charge of J:1: Professional
En e.ineer or Licensed Geolo gist and bear the seal of the same.
(b) Monitoring systems shall be opereted constructed in a manner that will not result in the contamination
of adjacent groundwaters of a higher quality.
(c) Monitoring shall be conducted and results reported in a manner and at a frequency specified by the
Director,. or his designee.
Statutory Authority G.S. 143-215.l(b); 143-215.J(a)(l); 143-215.65,· 143-215.66,· 143B-282 .
. 0111 REPORTS
ill Any person subject te Hie J3f'B"lisieas ef G.S. 143 215.1 B:fld to the requirements for corrective action
specified in Rule .0106 of this Subchapter shall submit to the Director, in such detail as the Director may
require, a written report that describes:
(1) the results of the investigation specified in Paragraphs (c)(l) and (c)(2)(B) of Rule .0106, including
but not limited to:
{A} W a description of the sampling procedures followed and methods of chemical analyses used;
and
ill}
(2)
W all technical data utilized in support of any conclusions drawn or determinations made.
the results of the predictive calculations or modeling, including a copy of the calculations or model
runs and all supporting technical data, used in the demonstration required in Paragraph (c)(2)(A)
of Rule .0106; and
(3) the proposed methodology and timetable associated with the resteratieH ef greuHdwater quality
corrective action for those situations identified in Paragraphs (c)(l) and (c)(2)(B) of Rule .0106 .
.{hl The report shall be prepared under the res ponsible charge of ~ Professional En gineer or Licensed
Geolo gist and bear the seal of the same as s pecified in Rule .0106(c)(2)(B).
Statutory Authority G.S. 143-215.1 (b); 143-215.J(a)(l); 143-215.65; 143B-282 .
. 0112 ANALYTICAL PROCEDURES
Tests or analytical procedures to determine compliance or noncompliance with the wfttef' groundwater quality
standards established in Rule .0202 of this Subchapter will be in accordance with:
(1) The following methods or procedures for substances where the selected method or procedure
provides a method detection limit value at or less than the standard:
(a) Standard methods for the Examination of Water and Wastewater, -!-6th 17th Edition, -1-985 1989,
including any subsequent amendments and editions published jointly by American Public Health
Association, American Water Works Association and Water Pollution Control Federation;
(b) Methods for Chemical Analysis of Water and Waste, 1979, U.S. Environmental Protection Agency
publication number EPA-600/4-79-020, as revised March 1983;
(c) Test Methods for Evaluating Solid Wastes: Physical/Chemical Methods, 3rd Edition, 1986, U.S .
Environmental Protection Agency publication number SW-846;
(d) Test Procedures for the Analysis of Pollutants Under the Clean Water Act, Federal Register Vol.
49, No. 209, 40 CFR Part 136, October 26 , 1984;
(e) Methods or procedures approved by letter from the Director upon application by the regulated
source.
(2) A method or procedure approved by the Director for substances where the standard is less than the
limit ef deteetability practical guantitation level.
Statutory Authority G.S. 143-215.3(a)(l),· 143B-282 .
. 0113 VARIANCE
(a) The Commission, on its own initiative or pursuant to a request under G.S. 143-215.3(e), may grant
variances to 'Nater qttality steHdBi'ds aHd the eemplieHee beuHdety. the rules of this Subchapter. Perseas
subjeet te the pfevisieas ef G.S. 130A 294 may apply fof a verieaee ttftdCf this Seetiea.
(b) Requests for variances are filed by letter from the applicant to the Environmental Management
Commission. The application should be mailed to the chairman of the Commission in care of the Director,
Division of Environmental Management, Post Office Box~ 29535 Raleigh, N.C. R6H 27626-0535.
(c) The application should contain the following information:
(1) Applications filed by counties or municipalities must include a resolution of the County Board of
Commissioners or the governing board of the municipality requesting the variance from wtttef-
groundwater quality standards which apply to the area for which the variance is requested.
(2) A description of the past, existing or proposed activities or operations that have or would result in
a discharge of contaminants to the groundwaters.
(3) Description of the proposed area for which a variance is requested. A detailed location map,
showing the orientation of the facility, potential for groundwater contaminant migration, as well
as the area covered by the variance request, with reference to at least two geographic references
(numbered roads, named streams/rivers, etc.) must be included.
( 4) Supporting information to establish that the variance will not endanger the public health and safety,.
including health and environmental effects from exposure to the groundwater contaminants.
(Location of wells and other water supply sources including details of well construction.within 1/2
mile of site must be shown on a map).
(5) Supporting information to establish that standards cannot be achieved by providing the best
available technology economically reasonable. This information must identify specific technology
considered, changes in quality of the contaminant plume as demonstrated through predictive
calculations appre•;ed by the Direeter, and technological constraints which limit groundwater
quality restoration to the level of the standard.
(6) Supporting information to establish that compliance would produce serious hardship on the
applicant.
(7) Supporting information that compliance would produce serious hardship without equal or greater
public benefit.
(8) A copy of any Special Order that was issued in connection with the contaminants in the proposed
area and supporting information that applicant has complied with the Special Order.
(9) A list of the names and addresses of any property owners within the proposed area of the variance
as well as any property owners adjacent to the site covered by the variance.
(d) Upon receipt of the application, the Director will review it for completeness and request additional
information if necessary. When the application is complete, the Director shall give public notice of the
application and schedule the matter for a public hearing in accordance with G.S. 143-215.4(b) and the
procedures set out belew in Paragraph ill of this Rule.
(e) Notice of Public Hearing:
(1) Notice of public hearing on any variance application shall be circulated in the geographical areas
of the proposed variance by the Director at least 30 days prior to the date of the hearing:
(A) by publishing the notice one time in a newspaper having general circulation in said county;
(B) by mailing to the North Carolina Department of HumaH. Environment. Health, and Natural
Resources, Division of Health Services, Environmental Health and appropriate local health
agency;
(C) by mailing to any other federal, state or local agency upon request;
(D) by mailing to the local governmental unit or units having jurisdiction over the geographic area
covered by the variance;
(E) by mailing to any property owner within the proposed area of the variance, as well as any
property owners adjacent to the site covered by the variance; and
(F) by mailing to any person or group upon request.
(2) The contents of public notice of any hearing shall include at least the following:
(A) name, address, and phone number of agency holding the public hearing;
(B) name and address of each applicant whose application will be considered at the meeting;
(C) brief summary of the proposed standard variance or modification of the perimeter of compliance
being requested;
(D) geographic description of a proposed area for which a variance is requested;
(E) brief description of the activities or operations which have or will result in the discharge of
contaminants to the groundwaters described in the variance application;
(F) a brief reference to the public notice issued for each variance application;
(G) information regarding the time and location for the hearing;
(H) the purpose of the hearing;
(I) address and phone number of premises at which interested persons may obtain further
information, request a copy of each application, and inspect and copy fonns and related
documents; and
(J) a brief description of the nature of the hearing including the rules and procedures to be followed.
The notice shall also state that additional information is on file with the Director and may be
inspected at any time during normal working hours. Copies of the information on file will be
made available upon request and payment of cost or reproduction.
(t) All comments received within 30 days following the date of the public hearing shall be made part of the
application file and shall be considered by the Commission prior to taking final action on the application.
(g) In determining whether to grant a variance, the Commission shall consider whether the applicant has
complied with any Special Order, or Special Order by Consent issued under G.S. 143-215.2.
(h) If the Commission's final decision is unacceptable, the applicant may file a petition for a contested case
in accordance with Chapter 150B of the General Statutes. If the petition is not filed within 60 days, the
decision on the variance shall be final and binding.
(i) A variance shall not operate on a defense to an action at law based upon a public or private nuisance
theory or any other cause of action.
Statutory Authority G.S. 143-215.3(a)(l),· 143-215.3(a)(3),· 143-215.3(a)(4); 143-215.3(e),· 143-215.4.
.0114 NOTIFICATION REQUIREMENTS
.(!!)_ Any person subject to the requirements of Rule .0106(c)(l) of this Subchapter shall submit to the Health
Director of the county or counties . and the chief administrative officer of the political jurisdiction in which
the groundwater contamination has occurred . ~ report that describes:
ill The ™ extent of the contaminant plume;
ill The chemical constituents in the groundwater which exceed the standards described in Rule .0202
of this Subchapter ;
ill Actions taken and intended to mitigate threats to human health;
ill The location of ~ wells installed for the putpose of monitoring the contaminant plume and the
frequency of sampling.
The report described in this Rule shall be submitted no later than five days after submittal of the com pleted
report assessin g the cause, si gnificance and extent of the violation as required QY Rule .0106(c).
ili} Any person requesting from the Director an alternate cleanup level, approval of~ natural remediation
program or p ermission to terminate active groundwater remediation shall notify the Health Director of the
county or counties . and the chief administrative officer of the political jurisdiction in which the contaminant
plume occurs, and all property owners and all occupants within or conti e uous to the area underlain J2y the
pollution plume, and under which it is expected to migrate, of the nature of the request and reasons supporting
it. Notification shall be made QY certified mail concurrent with the submittal of the request to the Director.
A final decision QY the Director may not be made within 30 days of receipt of the request.
~ Any person authorized QY the Director to cleanup to an alternate cleanup level, rely on ~ natural
remediation program or to terminate active groundwater remediation shall notify parties s pecified in Paragraph
ili} of this Rule of the Director's decision. Notification shall be made QY certified mail within 30 days of
receipt of the Director's decision.
Statutory Authority G.S. 143-214.1; 143-215.3(a)(I),· 143B-282(2)b.
SECTION .0200-CLASSIFICATIONS AND
WATER QUALITY STANDARDS
.0201 GROUNDWATER CLASSIFICATIONS
The classifications which may be assigned to the groundwaters will be those specified in the following series
of classifications:
(1) Class GA Wftteffl !!foundwaters; usage and occurrence:
(a) Best Usage. Existing or potential source of drinking water supply for humans.
(b) Conditions Related to Best Usage. This class is intended for those groundwaters in which chloride
concentrations are equal to or less than 250 mg/1, and which are considered suitable for drinking
in their natural state, but which may require treatment to improve quality related to natural
conditions.
(c) Occurrence. In the saturated zone.
(2) Class GSA Wftteffl groundwaters ; usage and occurrence:
(a) Best Usage. Existing or potential source of water supply for potable mineral water and conversion
to fresh waters.
(b) Conditions Related to Best Usage. This class is intended for those groundwaters in which the
chloride concentrations due to natural conditions is in excess of 250 mg/I , but which otherwise may
be considered suitable for use as potable water after treatment to reduce concentrations of naturally
occurring substances.
( c) Occurrence. In the saturated zone.
(3) Class GC Wftteffl groundwaters: usage and occurrence:
(a) Best Usage. The best usage of GC groundwaters ~ as ~ 8ettfee source of water supply for
purposes other than drinking.,_ including other domestic uses QY humans .
(b) Conditions Related to Best Usage. Thls class includes those groundwaters that do not meet the
quality criteria of w-otCfs haviag a highCf elassifiea-tiea for GA or GSA groundwatern of waters
ha·ring a higher elassifiea-tion and for which efforts to restore ia sitli to a higher elassifieatiea
improve groundwater quality would not be technologically feasible, or not in the best interest of
the public. Continued consumption of waters of this class QY humans could result in adverse health
affects.
(c) Occurrence. Groundwaters of this class may be defined ltt the satlira-teEi ~otte , as Eietefffl:iaeEi by
the Commission on a case by case basis.
Statutory Authority G.S. 143-214.1; 143B-282(2) .
. 0202 GROUNDWATER QUALITY
STANDARDS
(a) The water groundwater quality standards for the protection of the groundwaters of the state are those
specified in this Rule. They are the maximum allowable concentrations resulting from any discharge of
contaminants to the land or waters of the state, which may be tolerated without creating a threat to human
health or which would otherwise render the groundwater unsuitable for its intended best usage. Where
grottm!Wfttef qttctlity sttl:Haftfes hct¥e beea e*eeeeleel eltte oo meta' s ctetivities, restoftttioa efferts shctll be elesigaed
to restore grouoovffttet" quctlity to the le¥el of the stctaelarel or as elosely thereto as is prnetieaele.
(b) The ffiaJUffllUB ctllo 1,vable eoaeeatratioas f!roundwater quality standards for contaminants specified in
Paragraphs (g) and (h) of this Rule shall be as listed, except that:
(1) Where the max.i:m1:1m ctllo 1Nable eoneentratioa of standard for a substance is less than the limit of
eleteetctbility practical quantitation limit, the s1:1bstctnee shall not be permi~ed ia deteetctble
eoneentrations. detection of that substance fil or above the practical quantitation limit shall
constitute ~ violation of the standard.
(2) Where two or more substances exist in combination, the Director shall consider the effects of
chemical interactions as determined hy the Division of Epidemiology and may establish maximum
concentrations at values less than those established in accordance with Paragraphs (c) and (g) of
this Rule. In the absence of information to the contrary, the carcinogenic risks associated with
carcinogens present shall be considered additive and the toxic effects associated with non-
carcinogens present shall also be considered additive.
(3) Where naturally occurring substances exceed the established standard, the standard will be the
naturally occurring concentration as determined by the Director.
(c) Except for tracers used in concentrations which have been determined hy the Division of Epidemiology
to be protective of human health, and the use of which has been permitted hy the Division. 81:1bstctnees
substances which are not naturally occurring and for which no standard is specified shall not be permitted in
detectable concentrations in Class GA or Class GSA groundwaters. Any person may petition the Director to
establish an interim maximum allowable concentration for an unspecified substance, however, the burden of
demonstrating those concentrations of the substance which correspond to the levels described in Paragraph
(d) of this Rule rests with the petitioner. The petitioner shall submit all toxicological and epidemiological
data, study results, and calculations necessary to establish a standard in accordance with the procedure
prescribed in Paragraph (d) of this Rule. Within three months after the establishment of an interim maximum
allowable concentration for a substance by the Director, the Director shall initiate action to consider adoption
of a standard for that substance.
(d) MEtXim1:1m a.How-able eoneentrations Groundwater quality standards for substances in Class GA and Class
GSA wateffl groundwaters are established as the lesser of:
(1) Systemic threshold concentration calculated as follows: [Reference Dose (mg/kg/day) x 70 kg (adult
body weight) x Relative Source Contribution (.10 for inorganics; .20 for organics)] / [2 liters/day
(avg. water consumption)];
(2) Concentration which corresponds to an incremental lifetime cancer risk of lxl0·6 ;
(3) Taste threshold limit value;
(4) Odor threshold limit value;
(5) Maximum contaminant level; or
(6) National secondary drinking water standard.
(e) The following references, in order of preference, shall be used in establishing concentrations of
substances which correspond to levels described in Paragraph (d) of this Rule.
(1) Integrated Risk Information System (U.S. EPA).
(2) Health Advisories (U.S. EPA Office of Drinking Water).
(3) Other health risk assessment data published by U.S. EPA.
(4) Other appropriate, published health risk assessment data.
(t) Water Groundwater quality standards specified in Paragraphs (g) and (h) of this Rule and interim
maximum allowable concentrations established pursuant to Paragraph (c) of this Rule shall be reviewed on
a biennial basis. Appropriate modifications to established standards will be made in accordance with the
procedure prescribed in Paragraph (d) of this Rule where modifications are considered appropriate based on
data published subsequent to the previous review.
(g) Class GA Standards. Where not otherwise indicated, the standard refers to the total concentration in
milligrams per liter of any constituent in ~ dissolved , colloidal or particulate form which i§. mobile in
groundwater. This does not ~ to sediment or other particulate matter which lli preserved in ~ !!:round water
sample as 1! result of well construction or sampling procedures.
ill acetone: 0. 7
(2) fB acrylamide (propenamide): 0.00001
(3) ~ arsenic: 0.05
ill ~ barium: -1-:-9 2.0
ill f41 benzene: 0.001
® ~ bromoform (tribromomethane): 0.00019
QJ. f6J cadmium: 0.005
{fil f'1 carbofuran: 0.036
{2)_ ~ carbon tetrachloride: 0.0003
D.Q2 f9J chlordane: 2. 7 x 10-5
.Ll.l) fW1 chloride: 250.0
.@ fl--B chlorobenzene: ~ 0.05
ill:} f8j chloroform (trichloromethane): 0.00019
.QA) f-81 2-chlorophenol: 0.0001
@ fl-4j chromium: 0.05
.Ll.fil ~ cis-1,2-dichloroethene: 0.07
.Ll.12 f-1-6, coliform organisms (total): 1 per 100 milliliters
.Ll.fil fl-17 color: 15 color units
.Ll.2} fl-8j copper: 1.0
(20) fl-91 cyanide: 0.154
al) ~ 2, 4-D (2,4-dichlorophenoxy acetic acid): 0.07
(22) ~ 1,2-dibromo-3-chloropropane: 2.5 x 10-5)
(23) ~ dichlorodifluoromethane (Freon-12; Halon): 0.00019 Ll
{24) Ll dichloroethane: 0.7
(25) ~ 1,2-dichloroethane (ethylene dichloride): 0.00038
{26) ~ 1,1-dichloroethylene (vinylidene chloride): 0.007
{27) ~ 1,2-dichloropropane: 0.00056
{28) di-n-bu tv l.{Qrdibutyl) phthalate {DBP): 0.7
(29) diethylphthalate (DEP): 5 .0
(30) di{2-ethylhexyl) phthalate (DEHP): 0.003
Q_l} ~ p-dioxane (1,4-diethylene dioxide): 0.007
(32) ~ dioxin: 2 .2 x 10-10
~ ~ dissolved solids (total): 500
{34) ~ endrin: ~ 0.002
.Q1l ~ epichlorohydrin (l-chloro-2,3-epoxypropane): 0.00354
{36) f3-.f) ethylbenzene: 0.029
{37) ~ ethylene dibromide (EDB; 1,2-dibromoethane): 0.05 x 10-5 4.0 ~ 10-7
Q.fil. ~ ethylene glycol: 7.0
{39) ~ fluoride fl01:tride: 2.0
( 40) ~ foaming agents: 0. 5
.f1.U t¾1 gross alpha (adjusted)particle activity (ineh:iding mdil:lm 226 bl:lt excluding ftltffitl radium-226
and uranium): 15 pCi/1
(42) ~ heptachlor: 7.6 Jl 10-5 8.0 ~ 10-6
{43) ~ heptachlor epoxide: 3.8 x 10-5 4.0 ~ 10-6
{44) heptane: 2.1
{45) ~ hexachlorobenzene (perchlorobenzene): 0.00002
{46) ~ n-hexane: ~ 0.42
{47) f4B iron: 0.3
{48) fe1 lead: {}.-()5 0.015
(49) ~ lindane: 2.65 x 1~ 2.0 _! 104
(50) ~ manganese: 0 .05
® ~ mercury: 0.0011
{52) ~ metadichlorobenzene (1,3-dichlorobenzene): 0.62
fru (471 methoxychlor: 0-:---1 0.035
{54) t48j methylene chloride (dichloromethane): 0.005
(55) t49j methyl ethyl ketone (MEK; 2-butanone): 0.17
{56) ~ methyl tert-butyl ether (MTBE): 0.2
(57) tS-B nickel:~ Q.J
(58) ~ nitrate: (as N) 10.0
(59) ~ nitrite: (as N) 1.0
(60) ~ orthodichlorobenzene (1,2-dichlorobenzene): 0.62
.(fil} ~ oxamyl: 0.175
(62) ~ paradichlorobenzene (1,4-dichlorobenzene): Q-:-00-1-8 0.075
_(fil} ffri7 pentachlorophenol: ~ 0.0003
(64) ~ pH: 6.5 -8.5
(65) ~ radium-226 and radium-228 (combined): 5 pCi/1
(66) ~ selenium: G-:-Gl 0.05
(67) (6B silver: ~ 0.018
@ ~ styrene (ethenylbenzene): 1.4 x 10~ QJ.
(69) ~ sulfate: 250.0
(70) (64, tetrachloroethylene (perchloroethylene; PCE): 0.0007
.CT12 (est toluene (methylbenzene): 1.0
(72) ~ toxaphene: 3 .1 x 10-5
(73) ffil12, 4, 5,-TP (Silvex): G-:-Gl 0.05
(74) ~ trans-1,2-dichloroethene: 0.07
(75) t69j 1,1,1-trichloroethane (methyl chloroform): 0.2
(76) ~ trichloroethylene (TCE): 0.0028
(77) trichlorofluoromethane: il
(78) PB vinyl chloride (chloroethylene): 1.5 x 10-5
(79) ~ xylenes (o-, m-, and p-): G-:-4 0.53
(80) ~ zinc: §.-;{) il
(h) Class GSA Standards. The standards for this class shall be the same as those for Class GA except as
follows:
(1) chloride: allowable increase not to exceed 100 percent of the natural quality concentration.
(2) total dissolved solids: 1000 mg/I.
(i) Class GC Waters.
(1) The concentrations of substances which, at the time of classification exceed v,·e:ter qtta.lity sta.t1da.rds,
the standards applicable to Class GA or GSA groundwaters shall not be permitted caused to
increase.,_ nor shall the concentrations of other substances be caused to exceed the GA or GSA
standards as a result of further disposal of contaminants to or beneath the surface of the land within
the boundary of the area classified GC. Fer all ether sttbstaHees, eeneefltre:tiefls shall net be
eftl:tsed Of permitted to eX:eeed the established stattda.fd.
(2) The concentrations of substances which, at the time of classification, exceed water quality standards
shall net eftl:tse er eentribute te the eeH~aveBtieH of the standards applicable to GA or GSA
groundwaters shall not be caused to migrate as a result of activities within the boundary of the GC
classification . so as to violate the groundwater or surface water quality standards in adjoining
waters of a different class.
(3) Concentrations of specific substances, which exceed the established standard at the time of
classification, shall be listed in Section .0300 of this Subchapter.
Statutory Authority G. S. 143-214.1; 143B-282(2).
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and providing protection for groundwater that is being used, or entially be used for drinking water.
To accomplish this objective, definitions have been added, some lean'),p activities have been restricted to
persons licensed by professional boards, and requirements for designa wn of RS(Restricted) groundwaters are
clarified and extended to include monitoring and notice requirements. Corrective action requirements are
rewritten to include minimum cleanup requirements, information that must be included in cleanup plans,
requirements for the use of best available technology, procedures for requesting alternative cleanup levels,
and provisions that would allow for the natural degradation of contaminants when evidence is submitted that
this cleanup approach can be effective and is protective of groundwater that is or may be used for drinking
water. In addition, revisions are proposed in the compliance boundary rule that would exempt small
residential ground absorption systems from water well location restrictions and compliance boundary
requirements, and that would maintain consistency with new rules for the permitting of agricultural waste
management sites. Other proposed rule changes include requirements for providing notice of corrective action
to the Health Director in the County where a contamination plume has occurred, and the addition and revision
of standards to incorporate recent toxicological knowledge.
In developing these rules, concern was expressed that considerable judgement must be exercised in
enforcement regarding the determination of the impact of contamination on groundwater that may be a
potential source of drinking water. Consideration was also given to the use of Maximum Contaminate Levels
(MCLs) for cleanup standards instead of continuing the use of Groundwater Standards for both groundwater
protection and contaminate cleanup. Comments were received regarding the adequacy of requirements for
notice to parties that might be impacted by a proposed cleanup activity. In addition, comments were also
received regarding the decision-making criteria the Director must use in approving cleanup plans.
The EMC is interested in all comments .from the public or interested parties regarding the proposed
amendments and alternatives to these amendments and is particularly interested in comments and public
opinion regarding the impact of these rule changes on the use of groundwater as existing or potential sources
of drinking water for public or private use.
THESE PROPOSED AMENDMENTS REPRESENT A SIGNIFICANT CHANGE FROM PRESENT PRACTI_CE
SINCE THEY WOUI.D NOT AL WAYS REQUIRE THE APPLICATION OF BEST AVAILABLE TECHNOLOGY
TO RESTORE GROUNDWATER TO THE LEVEL OF THE STANDARD. NEW APPROACHES PROPOSED
INCLUDE THE USE OF ALTERNATIVE CLEANUP LEVELS AND NATURAL REMEDIATION PROCESSES
WHEN THESE PROCESSES ARE DETERMINED BY THE DIVISION TO BE PROTECTI_VE OF PUBLIC
HEALTH.
/TIS VERY IMPORTANT THAT All INTERESTED AND POTENT/A/LY AFFECTED PERSONS OR PARTIES
MAKE THEIR VIEWS AND OPINIONS KNOWN, pr(!ferably in writing, TO THE EMC WHETHER THEY ARE
IN FAVOR OR OPPOSED TO ANY OR ALL OF THE PROPOSED AMENDMENTS TO THE GROUNDWATER
CLASSIFICATION AND STANDARDS. PUBLIC COMMENT IS VITALLY IMPORTANT BECAUSE THE EMC
MAY ADOPT MORE OR LESS STRINGENT AMENDMENTS IF THE EMC DETERMINES THAT THE FINAL
ADOPTED RULES ARE A LOGICAL OUTGROWTH OF THE NOTICE AND PUBLIC COMMENT.
All persons interested in these matters are invited to attend the public hearings noticed herein. Written
comments may be presented at the public hearing or submitted through April 23, 1993. Please submit
comments to Mr. David Hance, Division of Environmental Management, Groundwater Section, P. 0. Box
29535, Raleigh, NC 27626-0535, [phone].
Please notify Mr. Hance prior to the public hearing if you desire to speak. Oral presentation lengths may be
limited depending on the number of people that wish to speak at the public hearing. Oral presentations
greater than three minutes in length are requested to be submitted in writing.
CHAPTER 2 -ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 2L -GROUNDWATER
CLASSIFICATION AND STANDARDS
SECTION .0100 -GENERAL CONSIDERATIONS
.0102 DEFINITIONS
The definition of any word or phrase used in these rules shall be the same as given in G.S. 143-212 and
, -PQ<c:\~ 10
including the effect of any actions taken to restore groun'tiwater quality, as well as the efficiency of any
treatment facility. The monitoring plan shall be prepared under the res ponsible charge of .!! Professional
Engineer or Licensed Geolo gist and bear the seal of the same.
(b) Monitoring systems shall be opemted constructed in a manner that will not result in the contamination
of adjacent groundwaters of a higher quality.
( c) Monitoring shall be conducted and results reported in a manner and at a frequency specified by the
Director.,, or his designee.
Statutory Authority G.S. 143-215.l(b); 143-215.J(a)(l); 143-215.65; 143-215.66,· 143B-282 .
. 0111 REPORTS
.@} Any person subject to the provisions of G.8. 143 215. l ftfld to the requirements for corrective action
specified in Rule .0106 of this Subchapter shall submit to the Director, in such detail as the Director may
require, a written report that describes:
(1) the results of the investigation specified in Paragraphs (c)(l) and (c)(2)(B) of Rule .0106, including
but not limited to:
.(Al~a description of the sampling procedures followed and methods of chemical analyses used; and
ffil---fe1all technical data utilized in support of any conclusions drawn or determinations made.
(2) the results of the predictive calculations or modeling, including a cw y of the calculations or model
runs and all supporting technical data, used in the demonstration ,r~uired in Paragraph (c)(2)(A)
of Rule .0106; and .J..1-.e.w. ;s ~ e~·h"'=' s;:>"'c.<.
(3) the proposed methodology and timetable associated with the restoration of gfottndwatet=
~orrective action for those situations identified in Paragraphs (c)(l) and (c)(2)(B) of Rule
.0106.
{hl The report shall be prepared under the res ponsible charge of .!! Professional Engi neer or Licensed
Geolo gist and bear the seal of the same as s pecified in Rule .0106(c)(2)(B).
Statutory Authority G.S. 143-215.l(b); 143-215.J(a)(l); 143-215.65; 143B-282 .
. 0112 ANALYTICAL PROCEDURES
Tests or analytical procedures to determine compliance or noncompliance with the water groundwater quality
standards established in Rule .0202 of this Subchapter will be in accordance with:
(1) The following methods or procedures for substances where the selected method or procedure
provides a method detection limit value at or less than the standard:
(a) Standard methods for the Examination of Water and Wastewater, -Hith 17th Edition, ~ 1989,
including filU'. subseq uent amendments and editions published jointly by American Public Health
Association, American Water Works Association and Water Pollution Control Federation;
(b) Methods for Chemical Analysis of Water and Waste, 1979, U.S. Environmental Protection Agency
publication number EPA-600/4-79-020, as revised March 1983;
(c) Test Methods for Evaluating Solid Wastes: Physical/Chemical Methods, 3rd Edition, 1986, U.S.
Environmental Protection Agency publication number SW-846;
(d) Test Procedures for the Analysis of Pollutants Under the Clean Water Act, Federal Register Vol.
49, No. 209, 40 CFR Part 136, October 26, 1984;
(e) Methods or procedures approved by letter from the Director upon application by the regulated
source.
(2) A method or procedure approved by the Director for substances where the standard is less than the
limit of deteet:ability practical quantitation level.
Statutory Authority G.S. 143-215.J(a)(l); 143B-282 .
. 0113 VARIANCE
(a) The Commission, on its own initiative or pursuant to a request under G.S. 143-215.3(e), may grant
variances to water qmility stliftdards liftd the eompliftflee bottndary. the rules of this Subchapter. Pet'Softs
sttbjeet te the pre•,risioBS of G.8. 130t\ 294 may apply for a ¥1U'iattee tmder this Seetioe:.
(b) Requests for variances are filed by letter from the applicant to the Environmental Management
Commission. The application should be mailed to the chairman of the Commission in care of the Director,
Division of Environmental Management, Post Office Box~ 29535 Raleigh, N.C. ~ 27626-0535.
(c) The application should contain the following information:
(1) Applications filed by counties or municipalities must include a resolution of the County Board of
Commissioners or the governing board of the municipality requesting the variance from water
G.S. 143-213 except that the following words and phrases shall have the following meanings:
(1) "Bedrock" means any consolidated rock encountered in the place in which it was formed or deposited
and which cannot be readily excavated without the use of explosives or power equipment.
(2) "Commission" means the Environmental Management Commission as organized under Chapter 143B
of the General Statutes.
(3) "Compliance boundary" means a boundary around a disposal system at and beyond which W&ter
groundwater quality standards may not be exceeded and only applies to facilities which have received
a permit issued under the authority of G.S. 143-215.1 or Chapter 130A of the General Statutes. ,
or far clisr,osal systems r,ermi~ed by tae Der,attmeflt of Httman Resottrees.
G} "Corrective action plan" means !l plan for eliminating sources of groundwater contamination and
achieving groundwater quality restoration or both. A corrective action plan may propose remediation
.by the degradation and natural attenuation of contaminants as well as QY conventional or innovative
technologies. m f41 "Director" means Director of the Division of Environmental Management.
@ "Division" means the Division of Environmental Management.
(7J. "Exposure pathway" means ~ course taken .by ~contaminant.by way of~ transport medium after its
release to the environment.
(fil "Free product" means ~ non-aqueous phase liquid which may collect on the water table, within the
saturated zone or in surface water.
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~ "Fresh groundwaters" means those groundwaters having a chloride concentration equal to or less
than 250 milligrams per liter.
fe7 "Groundwaters" means those waters in the saturated zone of the earth.
fPJ "Hazardous substance" means any substance as defined by Section 101(14) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (CERCLA).
"Licensed geologist" means ~ person who has been duly licensed as ~ geologist in accordance with
the requirements of Chapter 89E of the General Statutes.
"Natural remedial processes" means those natural processes acting to restore groundwater quality,
including dilution, filtration, sorption, ion-exchange. chemical transformation and biodegradation.
"Practical Quantitation Level" means the lowest quantitation level of a given material that can be
reliably achieved among laboratories within the specified limits of precision and accuracy of~ given
analytical method during routine laboratory operating conditions.
"Lim.it ofDeteetability" means tlie metbocl cleteetion limitestablished far the U.8. EPA ar,r,rovecl test
f:Jfoeedttre f:JfOVidiBg the lm:vest EHetliocl cleteetion limit for the sttbstrutee beiag EHonitorecl.
~ "Natural conditions" means the physical, biological, chemical and radiological conditions which
occur naturally.
f1G) "Potable waters" means those waters suitable for drinking, by humans.
"Professional Engineer" means ii person who has been duly registered and licensed as ~ I rofessional
engineer in accordance with the requirements of Chapter 89C of the General Statutes.
"Receptor" means fil1Y eroundwater . surface water, human, QI structure. other than ~ monitoring
well, which ~ or may be affected QY ~ contaminant from ~ contaminated site.
"Responsible~ means:
~ person who ~ wholly or partially responsible for actions causing or contributing to the violation
of groundwater quality standards.
~ subsequent purchaser of property which ~ the source of groundwater quality standard violations
and who purchased the property with knowledge of the contamination. or
an adjoining property owner who obstructs the implementation of corrective action that would
prevent further contamination.
f1-B "Review boundary" means a boundary around a permitted disposal facility, midway between
a waste boundary and a compliance boundary at which groundwater monitoring is required.
~ "Saline groundwaters" means those groundwaters having a chloride concentration of more than
250 mg/I.
fl-3) "Saturated zone" means that part of the subsurface below the water table in which all the
interconnected voids are filled with water under pressure at or greater than atmospheric. It does not
include the capillary fringe.
fl-41 "Suitable for drinking" means a quality of water which does not contain substances in
concentrations which, either singularly or in combination if ingested into the human body, may
cause death, disease, behavioral abnormalities, congenital defects, genetic mutations, or result in an
incremental lifetime cancer risk in excess of lxl0-6, or render the water unacceptable due to aesthetic
qualities, including taste, odor or appearance.
"Time of travel" means the time required for contaminants in groundwater to move a unit distance.
, "
approximated in the absence of analytical data sufficient to define the e:,cteat of grouadwfttef degrad&tioa.
dimension of the area, at right angles to the direction of groundwater flow, into which the contaminants have
the potential to migrate. The designation is temporary and will be removed by the Director upon a
determination that the quality of the groundwater so designated has been restored to the level of the applicable
standards or when reclassified.:.GG-:-
@ The person res ponsible for groundwater contamination leading to the RS desi gnation shall establish and
im plement ~ groundwater monitorin g system sufficient to detect changes ID groundwater quality within the
desi gnated area. Monitorin g shall be continued periodicall y until the applicable groundwater quality standards
have been achieved. !f during the monitorin g period, contaminant concentrations increase. additional remedial
action may be required, as determined !2y the Director.
~ The Division shall give public notice in accordance with the followin g req uirements of the intent to
desi gn ate fil!Y groundwater RS except those defined in Paragraph _(Q2 of this Rule:
ill Notice shall be published one time in £! newspaper having general circulation in the geographic area
of the RS desi gnation fil least 30 days prior to _ill!Y proposed final action. In addition . notice shall
be provided to the local County Health Director and the chief administrative officer of the political
jurisdiction in which the contamination occurs.
ill The notice shall set forth ;!! least the followin g:
® name, address, and phone number of the agency issuing the public notice;
.(ID the location and extent of the desi gnated area;
.(g !! brief descri ption of the action or actions which resulted in the degradation of groundwater in
the area;
@ actions or intended actions taken to restore groundwater quality;
{ID the si gnificance of the RS desi gnation :
ill conditions applicable to removal of the RS desi imation;
.(ill address and phone number of the state agency premises at which interested parties may obtain
further information.
ill The Director shall consider all requests for !l public hearing, and if he determines that there i§
si gnificant public interest he shall issue public notice and hold ~ public hearing in accordance with
G .S 143-215.4(b) and .0113(e) of this Rule.
Statutory Authority G.S. 143-214.l; 143-215.3(a)(l); 143B-282(2) .
. 0106 CORRECTIVE ACTION
(a) Tbe goe:I of actions t:alcen t:o restore gro1:u1dwater q1:1ality slu1H be res1ora1iot1 Ee rhe le~·el of the staHdards ,
Of as elose thefete as is ecoaomicaHy aae teelmelogieaHy feasible. Where groundwater quality has been
degraded . the goal of any required corrective action shall be restoration to the level of the groundwater quality
standards specified in Rule .0202 of this Subchapter . or as closely thereto as ~ economicall v and
technolo gi call v feasible.
(b) Any person conducting or controlling an activity which results in the discharge of a waste or hazardous
substance or oil to the groundwaters of the State, or in proximity thereto, shall take immediate action to
terminate and control the discharge, mitigate any hazards resulting from exposure to the pollutants and notify
the Department Division of the discharge.
(c) Any person conducting or controlling an activity which results in an increase in the concentration of a
substance in excess of the groundwater standard:
(1) as the result of activities, other than agricultural operations, not permitted by the S2tate, shall
immediatel y notify the Division of the increases ; take prompt action to eliminate the source or
sources of contamination: submit ~ report to the Director assessi!:!g the cause, significance and
extent of the violation; and submit a im plement an approved corrective action plan a:ad sebedule
fof eliminati:B:g the searee of eoBta:mia&tieft ae.d for restoration of groundwater quality;-aad
implemeat aa appro·,.ed pltlB: in accordance with a schedule established by the Director, or his
designee. In establishing a schedule the Director, or his designee shall consider any reasonable
schedule proposed by the person submitting the plan. A report shall be made to the Health
Director of the county QI counties in which the contamination occurs in accordance with the
r eq uirements of Rule .0114(a) in this Subchapter .
(2) as a result of activities conducted under the authority of a permit issued by the 8§.tate, shall, where
such concentrations are detected:
(A) at or beyond a review boundary, demonstrate, through predictive calculations or modeling, that
natural site conditions, facility design and operational controls will prevent a violation of
standards at the compliance boundary; or submit a plan for alteration of existing site conditions,
facility design or operational controls that will prevent a violation at the compliance boundary,
WThe Director may authorize the diseofltiflufl:flee of remeEliaJ aetiofl to resc0re grouadwllier q1:1ali1y c0 the level
ofllie shmderd upofl e clemoflslre1iot1 ey the respoBsible party to the Dircetor that eoAliflliftflee would Roi res.ult
ifl sigaifieftflt reduetiofl ia u~e eot1ee1'1treliofl of eoflttlmtflftflt5 . ln the eo1rnidern1ioA of e request to diseofltiFHJe
reH1edie:I ootiofu'!, the Direetor shall eoMider Hie duratiofl ftfld degree of sueeess of remedial effo~s , the
feasibility of other treat meat teeht1-iques whiel) eould result in further red1:1etioa of eoAtftfflineflt le,·els , ftfld the
effeet on grot:1Adwate,· users if eoote:mifle:nts remaifl at leYels e~tisliH.., at the ti,ne of terrnifla:tioa of remedial
aetieft.:. the termination of the corrective action, or amend the corrective action plan after considering all the
information in the request. Upon termination of corrective action, !! groundwater monitorin g program shall
be required sufficient to track the de !!radation and attenuation of contaminants !!! !! location of !!! least one
year's time of travel upgradient of any existing or foreseeable receptor. The monitoring program shall remain
in effect until there i§ sufficient evidence that the contaminant concentrations have been reduced to the level
of the standards.
fuD.00 Upon a determination by the Director that continued remediaJ corrective aeheftS action would result
in no significant reduction in contaminant concentrations, the responsible party shell petitioH for o vorie:nee
or a reelossifieotion of the impeeted gr0tuidwoters. and the im pacted groundwaters can be made potable .!2y
treatment using readily available and economicall y reasonable technology, the Director may desi gnate the
remainin g area of degraded groundwater RS. Where the remaining degraded groundwaters cannot be made
potable .!2y such treatment , the Director may consider!! request for reclassification.
ll!l !f !!! @Y time the Director determines that new technology
i§ available that would remediate the contaminated groundwater to the standards s pecified in Rule .0202, the
Director may require the res ponsible ~ to im plement an active groundwater corrective action plan in
accordance with !! schedule established QY the Director .
.(Q}fgj Where groundwater quality standards are exceeded as a result of the application of pesticides or other
agricultural chemicals, the Director shall request the Pesticide Board or the Department of Agriculture to assist
the Division of Environmental Management in determining the cause of the violation. If the violation is
determined to have resulted from the use of pesticides, the Director shall request the Pesticide Board to take
appropriate regulatory action to control the use of the chemical or chemicals responsible for, or contributing
to, such violations, or to discontinue their use.
Statutory Authority G.S. 143-215.2; 143-215.J(a)(l); 143B-282 .
. 0107 COMPLIANCE BOUNDARY
(a) For disposal systems individuall y permitted prior to December 30, 1983, the compliance boundary is
established at a horizontal distance of 500 feet from the waste boundary or at the property boundary,
whichever is closer to the source.
(b) For disposal systems individually permitted on or after December 30, 1983, a compliance boundary shall
be established 250 feet from the waste boundary, or 50 feet within the property boundary, whichever point
is closer to the source.
(c) The boundary shall be established by the Director.,_ or his designee at the time of permit issuance. Any
sale or transfer of property which affects a compliance boundary shall be reported immediately to the Director.,_
Q! his designee. For disposal systems which are not governed by Paragraphs (e) or (f) of this Rule, the
compliance boundary affected by the sale or transfer of property will be re-established consistent with
Paragraphs (a) or (b) of this Rule, whichever is applicable.
(d) Except as provided in Paragraph .(g} of this Rule,For dispesaJ systems perm-itted er repermitted after
JomHtry 1, 1993, no water supply wells shall be constructed or operated within the compliance boundary.,-of
~ disposal system individuall y permitted or repermitted after January L. 1993.
(e) Except as provided in Paragraph .(g)_ of this Rule, For disposal systems peffflitted er Fepermitted ofter
January 1, 1993, a permittee shall not transfer land within an established compliance boundary of~ disposal
system permitted or repermitted after January 1~ 1993 unless:
(1) the land transferred is serviced by a community water system as defined in 15A NCAC 18C, the
source of which is located outside the compliance boundary; and
(2) the deed transferring the property:
(A) contains notice of the permit, including the permit number, a description of the type of permit,
and the name, address and telephone number of the permitting agency; and
(B) contains a restrictive covenant running with the land and in favor of the permittee and the State,
as a third party beneficiary, which prohibits the construction and operation of water supply wells
within the compliance boundary; and
(C) contains a restrictive covenant running with the land and in favor of the permittee and the State,
as a third party beneficiary, which grants the right to the permittee and the State to enter on such
property within the compliance boundary for groundwater monitoring and remediation purposes.
. \
(f) If at the time a permit is issued or reissued after January 1, 1993, the permittee is not owner of the land
within the compliance boundary, it shall be a condition of the permit issued or renewed that the landowner
of the land within the compliance boundary, if other than the permittee, and except as provided in Paragraph
_(g2 of this Rule, execute and file in the Register of Deeds in the county in which the land is located, an
easement running with the land which:
(1) contains:
(A) either a notice of the permit, including the permit number, a description of the type of permit,
and the name, address and telephone number of the permitting agency; or
(B) a reference to a notice of the permit with book and page number of its recordation if such notice
is required to be filed by statute;
(2) prohibits the construction and operation of water supply wells within the compliance boundary; and
(3) reserves the right to the permittee and the State to enter on such property within the compliance
boundary for groundwater monitoring and remediation purposes. The easement may be terminated
~ the Director when its put.pose has been fulfilled or the need for the easement !!Q. longer exists.
Under those conditions the Director.~ the request of the landowner . may file with the appropriate
Register of Deeds, !! document terminatin g the easement.
{g} The requirements of Paragraphs .(Q)_,_ ~ and ill of this Rule are not applicable to ground adsorption
treatment systems serving four or fewer single family dwellings or multiunit dwellin e s of four or fewer units.
fhlW The boundary shall form a vertical plane extending from the water table to the maximum depth of
saturation.
ill.W For ground absorption sewage treatment and disposal systems which are permitted under 15A NCAC
18A .1900, the compliance boundary shall be established at the property boundary .
.filti1 Penalties authorized pursuant to G.S. 143-215.6A(a)(l) will not be assessed for violations of Wfttef-
groundwater quality standards within a compliance boundary unless the violations are the result of violations
of permit conditions or negligence in the management of the facility.
00-ffi The Director shall require:
(1) that permits for all activities governed by G.S. 143-215.1 be written to protect the quality of
groundwater established by applicable standards, at the compliance boundary;
(2) that necessary groundwater quality monitoring shall be conducted within the compliance boundary;
and
(3) that a violation of standards within the compliance boundary resulting from activities conducted by
the permitted facility be remedied through clean-up, recovery, containment, or other response when
any of the following conditions occur:
(A) a violation of any standard in adjoining classified water& groundwaters occurs or can be
reasonably predicted to occur considering hydrogeologic conditions, modeling, or other available
evidence;
(B) an imminent hazard or threat to the public health or safety exists; or
(C) a violation of any standard in groundwater occurring in the bedrock other than limestones found
in the Coastal Plain sediments-:-.,_ unless i! can be demonstrated that the violation will not adversel y
impact, or have the potential to adversel y impact!! water~ well.
Statutory Authority G.S. 143-215. J (b),· 143-215.J(a)(J); 143B-282 .
. 0109 DELEGATION
(a) The Director is delegated the authority to enter into consent special orders under G.S. 143-215.2 for
violations of the •w•a-1:er groundwater quality standards except when a public meeting is required as provided
in 15A NCAC 2H .1203.
(b) The Director is delegated the authority to prepare a proposed special order to be issued by the
Commission without the consent of the person affected and to notify the affected person of that proposed order
and of the procedure set out in G.S. 150B-23 to contest the proposed special order.
(c) The Director.,_ or his designee shall give public notice of proposed consent special orders as specified
in 15A NCAC 2H .1203.
Statutory Authority G.S. 143-215.2; 143-215.3(a)(l),· 143-215.3(a)(4) .
. 0110 MONITORING
(a) Any person slibjeet to the provisions of G.S. 143 215.1 Except where exem pted ~ statute or this
Subchapter . any person who causes, permits or has control over any discharge of waste, or groundwater
cleanup program, shall install and im plement a monitoring system, at such locations, and in such detail, as
the Director.,_ or his desi gnee may require to evaluate the effects of the discharge upon the waters of the state,
groundwater quality standards which apply to the area for which the variance is requested.
(2) A description of the past, existing or proposed activities or operations that have or would result in
a discharge of contaminants to the groundwaters.
(3) Description of the proposed area for which a variance is requested. A detailed location map,
showing the orientation of the facility, potential for groundwater contaminant migration, as well
as the area covered by the variance request, with reference to at least two geographic references
(numbered roads, named streams/rivers, etc.) must _be included.
(4) Supporting information to establish that the variance will not endanger the public health and safety,
including health and environmental effects from exposure to the groundwater contaminants.
(Location of wells and other water supply sources including details of well construction within l /2
mile of site must be shown on a map).
(5) Supporting information to establish that standards cannot be achieved by providing the best
available technology economically reasonable. This information must identify specific technology
considered, changes in quality of the contaminant plume as demonstrated through predictive
calculations appro¥ea ey the Direetor, and technological constraints which limit groundwater
quality restoration to the level of the standard.
(6) Supporting information to establish that compliance would produce serious hardship on the
applicant.
(7) Supporting information that compliance would produce serious hardship without equal or greater
public benefit.
(8) A copy of any Special Order that was issued in connection with the contaminants in the proposed
area and supporting information that applicant has complied with the Special Order.
(9) A list of the names and addresses of any property owners within the proposed area of the variance
as well as any property owners adjacent to the site covered by the variance.
( d) Upon receipt of the application, the Director will review it for completeness and request additional
information if necessary. When the application is complete, the Director shall give public notice of the
application and schedule the matter for a public hearing in accordance with G.S. 143-215.4(6) and the
procedures set out belew in Paragraph .@)_ of this Rule.
(e) Notice of Public Hearing:
(1) Notice of public hearing on any variance application shall be circulated in the geographical areas
of the proposed variance by the Director at least 30 days prior to the date of the hearing:
(A) by publishing the notice one time in a newspaper having general circulation in said county;
(B) by mailing to the North Carolina Department of Httmll:B: Environment. Health, and Natural
Resources, Division of Health Serviees, Environmental Health and appropriate local health
agency;
(C) by mailing to any other federal, state or local agency upon request;
(D) by mailing to the local governmental unit or units having jurisdiction over the geographic area
covered by the variance;
(E) by mailing to any property owner within the proposed area of the variance, as well as any
property owners adjacent to the site covered by the variance; and
(F) by mailing to any person or group upon request.
(2) The contents of public notice of any hearing shall include at least the following:
(A) name, address, and phone number of agency holding the public hearing;
(B) name and address of each applicant whose application will be considered at the meeting;
(C) brief summary of the proposed standard variance or modification of the perimeter of compliance
being requested;
(D) geographic description of a proposed area for which a variance is requested;
(E) brief description of the activities or operations which have or will result in the discharge of
contaminants to the groundwaters described in the variance application;
(F) a brief reference to the public notice issued for each variance application;
(G) information regarding the time and location for the hearing;
(H) the purpose of the hearing;
(I) address and phone number of premises at which interested persons may obtain further
information, request a copy of each application, and inspect and copy forms and related
documents; and
(J) a brief description of the nature of the hearing including the rules and procedures to be followed.
The notice shall also state that additional information is on file with the Director and may be
inspected at any time during normal working hours. Copies of the information on file will be
made available upon request and payment of cost or reproduction.
(f) All comments received within 30 days following the date of the public hearing shall be made part of the
T I T L E 1 5 A
S U B C H A P T E R 2 L R E V I S I O N S
S E C T I O N S . 0 1 0 0 A N D . 0 2 0 0
DRAFT HEARING VERSION: February 10, 1993
RULE .0102 DEFINITIONS
RULE .0103 POLICY
RULE .0104 RESTRICTED DESIGNATION (RS)
RULE .0106 CORRECTIVE ACTION
RULE .0107 COMPLIANCE BOUNDARY
RULE .0109 DELEGATION
RULE .0110 MONITORING
RULE .0111 REPORTS
RULE .0112 ANALYTICAL PROCEDURES
RULE .0113 VARIANCE
RULE ,0114 NOTIFICATION REQUIREMENTS
RULE .0201 GROUNDWATER CLASSIFICATIONS
RULE .0202 WATER QUALITY STANDARDS
(BOLD TYPE RULES ARE THOSE PROPOSED FOR AMENDMENT; UNDERLINED RULE
IS A PROPOSED ADOPTION)
SUBCHAPTER 2L -GROUNDWATER CLASSIFICATION AND STANDARDS
SECTION .0100 GENERAL CONSIDERATIONS
15A NCAC 2L .0102 is proposed for amendment as follows:
.0102 DEFINITIONS
The definition of any word or phrase used in these rules shall
be the same as given in G.S. 143-212 and G.S. 143-213 except that
the following words and phrases shall have the following meanings:
(1) "Bedrock" means any consolidated rock encountered in the
place in which it was formed or deposited and which cannot
be readily excavated without the use of explosives or
power equipment.
(2) "Commission" means the Environmental Management Commission
as organized under Chapter 143B of the General Statutes.
(3) "Compliance boundary" means a boundary around a disposal
system at and beyond which wateF g roundwater quality
standards may not be exceeded and only applies to
facilities which have received a permit issued under the
authority of G.S. 143-215.1 or Chap ter 130A of the General
statutes. 7 -eF -EeF -a:i:spesal -systems -peFmittea -ey -the
9epaFtmeat-ef-HHmaa-ReseHFees7
.l!l. "Corrective action p lan" means a p lan for eliminating
sources of g roundwater contamination and achieving
g roundwater q uality restoration or both. A corrective
action p lan ma y p rop ose remediation b y the deg radation and
natural attenuation of contaminants as well as b y
conventional or innovative technolog ies.
ill f4t "Director" means Director of the Division of
Environmental Management .
.i.§1 "Division" means the Division of Environmental Manag ement.
ill "Exp osure p athway " means a course taken b y a contaminant
b y wa y of a trans p ort medium after its release to the
environment .
.ifil "Free p roduct" means a non-aq ueous p hase liq uid which ma y
collect on the water table , within the saturated zone or
in surface water.
12.l f5t "Fresh groundwaters" means those groundwaters having a
chloride concentration equal to or less than 250
milligrams per liter.
11.Ql t6t "Groundwaters" means those waters in the saturated
zone of the earth.
1lli f=1t "Hazardous substance" means any substance as defined
by Section 101(14) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA).
11.1.l "Licensed geologist" means a person who has been duly
licensed as a geologist in accordance with the
requirements of Chapter 89E of the General Statutes.
ill_l "Natural remedial processes'i means those natural
processes acting to restore groundwater quality, including
dilution, filtration, sorption, ion-exchange, chemical
transformation and biodegradation.
11.il "Practical Ouantitation Level" means the lowest
guantitation level of a given material that can be
reliably achieved among laboratories within the specified
limits of precision and accuracy of a · given analytical
method during routine laboratory operating conditions.
f8t ~Limit-ef-Beteetaaility~-meaas-tse-metsea-deteetiea-limit
estaalissea -feF -tse -YTST -EPA -appFevea -test -pFeeeaHFe
pFeviaiag--the--lewest--methed--deteetiea--limit--feF--the
saastaaee-eeiag-meaiteFeaT
11.il f9t "Natural conditions" means the physical, biological,
chemical and radiological conditions which occur
naturally.
11.fil. fHH "Potable waters" means those waters suitable for
drinking, by humans.
ill1 "Professional Engineer" means a Person who has been duly
registered and licensed as a professional engineer in
accordance with the requirements of Chapter 89C of the
General Statutes.
i1fil. "Receptor" means any groundwater, surface water, human,
or structure, other than a monitoring well, which is or
may be affected by a contaminant from a contaminated site.
11.ll "Responsible party" means:
(a) a Person who is wholly or Partially responsible for
actions causing or contributing to the violation of
groundwater quality standards,
(b) a subsequent Purchaser of Property which is the source
of groundwater quality standard violations and who
purchased the property with knowledge of the
contamination, or
(c) an adjoining property owner who obstructs the
implementation of corrective action that would prevent
further contamination.
il.QJ. f:J.:J.t "Review boundary" means a boundary around a permitted
disposal facility, midway between a waste boundary and a
compliance boundary at which groundwater monitoring is
required.
illl f~2t "Saline groundwaters" means those groundwaters having
a chloride concentration of more than 250 mg/1.
~ f;a ➔ "Saturated zone" means that part of the subsurface
below the water table in which all the interconnected
voids are filled with water under pressure at or greater
than atmospheric. It does not include the capillary
fringe.
il.ll f~4-}-"Suitable for drinking" means a quality of water
which does not contain substances in concentrations which,
either singularly or in combination if ingested into the
human body, may cause death, disease, behavioral
abnormalities, congenital defects, genetic mutations, or
resu!6 in an incremental lifetime cancer risk in excess of
1x10 , or render the water unacceptable due to aesthetic
qualities, including taste, odor or appearance.
1.1.!l "Time of travel" means the time req uired for
contaminants in g roundwater to move a unit distance.
1.lli f~5-}-"Waste boundary" means the perimeter of the permitted
waste disposal area.
il.§.1 f~6-}-"water table" means the surface of the saturated zone
below which all interconnected voids are filled with water
and at which the pressure is atmospheric.
History Note: Statutory Authority
143-215; 143B-282;
Eff. June 10, 1979.
G.S. 143-214.1;
Amended Eff. _____ ~· August 1, 1989;
July 1, 1988; March 1, 1985; September 1, 1984.
15A NCAC 2L .0103 is proposed for amendment as follows:
.0103 POLICY
(a) The rules established in this Subchapter are intended to
maintain and preserve the quality of the groundwaters, prevent and
abate pollution and contamination of the waters of the state,
protect public health, and permit management of the groundwaters
for their best usage by the citizens of North Carolina. It is the
policy of the Commission that the best usage of the groundwaters
of the state is as a source of drinking water. These groundwaters
generally are a potable source of drinking water without the
necessity of sig nificant treatment. It is the intent of these
Rules to protect the overall high quality of North Carolina's
groundwaters aRa -te -eRhaRee ~aaa -FesteFe -tae -EJeal:i:ty -ei -aegFaaea
gFeeaawateFs to the level established by the standards. and to
enhance and restore the q uality of deg raded g roundwaters where
feasible and necessary to p rotect human heal th and the
environment , or to ensure their suitability as a future source of
drinking water. ·
(b) It is the intention of the Commission to protect all
groundwaters to a level of quality at least as high as that
required under the standards established in Rule . 0202 of this
Subchapter. In keeping with the policy of the Commission to
protect, maintain, and enhance groundwater quality within the
State of North Carolina, the Commission will not approve any
disposal system subject to the provisions of G.S. 143-215.1 which
would result in:
(1) the significant degradation of groundwaters of
the existing quality is better than the
standard, unless found to be economically and
justifiable, or
which
assigned
socially
(2) a violation of a wateF g roundwater quality standard
beyond tae -eeeaaaF:i:es -et -tae -pFepeFty -ea -wa:i:ea -tae
seeFee--ei--pellat:i:ea--:i:s--leeatea7 --eF a desi g nated
comp liance boundary, or
(3) the impairment of existing groundwater uses or an
adverse impact on the public health, safety or welfare.
(c) Violations of groundwater quality standards resulting from
groundwater withdrawals which are in compliance with water use
permits issued pursuant to G.S. 143-215.15, shall not be subject
to the corrective action requirements of Rule .0106 of this
Subchapter.
( d) No person shall conduct or cause to be conducted, any
activity which causes the concentration of any substance to exceed
that specified in Rule .0202 of this Subchapter, except as
authorized by the rules of this Subchapter.
( e ) Work p erformed p ursuant to the rules of this Subchap ter
which involves site assessment , the interp retation of subsurface
g eolog ic conditions , p re p aration of concep tual corrective action
p lans or an y work req uiring detailed technical knowledg e of site
conditions which is submitted to the Director , shall be p erformed
b y p ersons . firms or p rofessional corp orations who are dul y
licensed to offer g eolog ical or eng ineering services b y the
a pprop riate occup ational licensing board. Work which involves
desig n of remedial s y stems or s p ecialized construction techniq ues
shall be p erformed b y p ersons , firms or p rofessional corp orations
who are dul y licensed to offer eng ineering services. Corp orations
that are authorized b y law to p erform eng ineering or g eolog ical
services and are exemp t from the Professional Corp oration Act ,
Chap ter SSB of the General Statues , ma y p erform these services.
History Note: Statutory Authority G.S. 143-214.1; 143-214.2;
143-215.3(e); 143-215.3{a)(1); 143B-282;
Eff. June 10, 1979;
Amended Eff. · August 1, 1989; July 1,
1988; September 1, 1984; December 30, 1983.
15A NCAC 2L .0104 is proposed for amendment as follows:
.0104 RS RESTRICTED DESIGNATION 1Rfil
(a) The Director is authorized to designate GA or GSA
groundwaters as RS under any of the following circumstances:
(1) Where, as a result of man's activities, groundwaters
contain concentrations of substances in excess of the
groundwater quality standards established under this
Subchapter, and Femeaial termination of corrective
action to restore groundwater quality has been
FetJHiFea7 -eF a pproved b y the Director . or where the
Director has a pproved a corrective action p lan , or
alternate cleanup levels , rely ing . solely or in p art
u p on natural remedial p rocesses and , in either case ,
the g roundwaters can be made p otable b y using readily
available and economically reasonable technology .
(2) Where a statutory variance has been granted as provided
in Rule .0113 of this Subchapter.
(3 ) Where the area impacted is served b y a public wa ter
s y stem.
(b ) Groundwaters occurring within an area defined b y a
comp liance boundary in a waste dis p osal p ermit are deemed to be
desi g nated RS.
1£.lfa+ The RS designation serves as a warning that groundwater
so designated may not be suitable for use as a drinking water
supply without si g nificant treatment. The boundaries of areas
designated RS may be approximated in the absence of analytical
data sufficient to define the exteat-ef-gFeHaelwateF-aegFaaatiea.
dimension of the area , at rig ht ang les to the direction of
g roundwater flow . into which the contaminants have the p otential
to mi g rate. The designation is temporary and will be removed by
the Director upon • a determination that the quality of the
groundwater so designated has been restored to the level of the
applicable standards or when reclassified~68.
(d ) The p erson res p onsible for g roundwater contamination
leading to the RS desig nation shall establish and imp lement a
g roundwater monitoring s y stem suf.ficient to detect chang es in
g roundwater q uality within the desi g nated area. Monitoring .shall
be continued p eriodically until the a pplicable g roundwater q uality
standards have been achieved. If during the monitoring p eriod ,
contaminant concentrations increase , additi o nal remedial action
ma y be req uired , as determined b y the Director.
(e ) The Division shall g ive p ublic notice in accordance with
the following req uirements of the intent to desi g nate any
g roundwater RS excep t those defined .in Parag rap h (b ) of this Rule:
(1 ) Notice shall be p ublished one time in a news p a p er
having g eneral circulation in the g eog rap hic area of
the RS desig nation at least 30 day s p rior to any
p rop osed final action. In addition , notice shall be
p rovided to the local Count y Health Director and the
chief administrative officer of the p olitical
j urisdiction in which the contamination occurs.
(2 ) The notice shall set forth at least the following :
(A ) name , address , and p hone number of the a g ency
issuing the p ublic notice;
CB ) the location and extent of the desig nated area
(C ) a brief descri p tion of the action or actions
which resulted in the de g radation of g roundwater
in the area;
(D ) actions or intended actions taken to restore
g roundwater g uali t y .;
(E ) the sig nificance of the RS desi g nation;
(F ) conditions a pplicable to removal of the RS
desi g nation;
(G ) address and p hone number of the state a g enc y
p remises at which interested p arties ma y obtain
further information.
(3 ) The Director shall consider all req uests for a p ublic
hearing, and if he determines that there is sig nificant
p ublic interest he shall issue p ublic notice and hold a
p ublic hearing in accordance with G.S 143-215.4 (b } and
.0113 (e ) of this Rule.
History Note: Statutory Authority G.S. 143-214.1;
143-215.3(a)(1); 143B-282(2);
Eff. June 10, 1979;
Amended Eff. ------~ December 1, 1989;
August 1, 1989; December 30, 1983.
15A NCAC 2L .0106 is proposed for amendment as follows:
.0106 CORRECTIVE ACTION
(a) 'Fae ..-geal -ef -aetieRs -takeR -te -FesteFe -gFeeRElwateF -~eality
ssall-ee-~esteFatieR-te-tse-level-ef-the-staRElaFEls7 -eF-as-elese
theFete -as -is -eeeRelRieally -aREl -teehaelegieally -feas:i:ele-;-Where
g roundwater · q uality has been deg rade d , the g oal of any req uired
corrective action shall be restoration to the level of the
g roundwater q uality standards s p ecified in Rule . 0202 of this
Subchap ter , or as closely thereto as is economically and
technolog ically feasible.
(b) · Any person conducting or controlling an activity which
results in the discharge of a waste or hazardous substance or oil
to the groundwaters of the State, or in proximity thereto, shall
take immediate action to terminate and control the discharge,
mitigate any hazards resulting from exposure to the pollutants and
notify the BepaFtmeRt Division of the discharge.
( c) Any person conducting or controlling an activity which
results in an increase in the concentration of a substance in
excess of the groundwater standard:
(1) as the result of activities, other than agricultural
operations, not permitted by the $,!itate, shall
immediately notify the Division of the increases ; take
p romp t action to eliminate the source or sources of
contamination; submit a rep ort to the Director
assessing the cause, significance and extent of the
violation; and seblRit --a imp lement an a pproved
corrective action plan aREl-seheaele-feF-elilRiRatiRg-the
seeFee --ef --eeRta1RiRatieR --aREl for restoration of
groundwater gualityt aRa-implemeRt-aR-appFevea-plaR in
accordance with a schedule established by the Director,
or his desi g nee. In establishing a · schedule the
Director, or his desi g nee shall consider any reasonable
schedule proposed by the person submitting the plan. A
rep ort shall be made to the Health · Director of the
county or counties in which the contamination occurs in
accordance ·with . the req uirements of Rule , 0114 (a ) in
this Subchap ter.
(2) as a result of activities conducted under the authority
of a permit issued by the S§tate, shall, where such
concentrations are detected:
(A) at or beyond a review boundary, demonstrate,
through predictive calculations or modeling, that
natural site conditions, facility design and
operational controls will prevent a violation of
standards at the compliance boundary; or submit a
plan for alteration ·of existing site conditions,
facility design or operational controls that will
prevent a violation at the compliance boundary,
and implement that plan upon its approval by the
Director, o r his desig nee.
(B) at or beyond a compliance boundary, shall assess
the cause, significance and extent of the
violation of groundwater quality standards and
submit the results of the investigation, a plan,
and proposed schedule for g£eHaawate£--~Hality
~este£atiea corrective acti o n to the Director.L.--2!:
his desi g nee. The permittee shall implement the
plan as approved by and in accordance with a
schedule established by the Director . or his
desi g nee. In establishing a schedule the DirectorL
or his desig nee shall consider any reasonable
schedule proposed by the permittee.
{d ) Corrective action req uired following discovery of the
unauthorized release of a contaminant to the surface or subsurface
of the land , and p rior to or concurrent with the assessment
req uired in Parag rap h {c ) of this Rule , shall include , but is not
limited to:
(1 ) Prevention of fire , exp losion or the s p read of noxious
fumes;
(2 ) Abatement , containment or control of the mi g ration of
contaminants;
(3 ) Removal , or treatment and control of an y p rimary
p ollution source such as buried waste , waste stockp iles
or surficial accumulations of free p roducts;
(4 ) Removal , treatment or control of secondary p ollution
sources which would be a p otential continuing source of
p ollutants to the g roundwaters such as contaminated
soils and non-aq ueous p hase liq uids. Contaminated
soils which threaten the q uality of g roundwaters must
be treated , contained or dis p osed of in accordance with
a pplicable rules and p rocedures established b y the
Di vision. The treatment or dis p osal of contaminated
soils shall be conducted in a manner that will not
result in a violation of g roundwater q uality standards
and North Carolina Hazardous Waste Manag ement rules.
(e ) The site assessment conducted p ursuant to the req uirements
of Subp arag rap h (c )J 1 } of this Rule , shall consider or address:
(1 ) The source and cause of contamination;
(2 ) An y imminent hazards to p ublic health and safety and
actions taken to miti g ate them in · accordance with
Parag rap h (d ) of this Rule.
(3 ) All g roundwater recep tors and sig nificant exp osure
pathways;
(4 ) The horizontal and vertical extent of soil and
g roundwater contamination and all sig nificant factors
affecting contaminant trans p ort;
CS ) Geolog ical and h y drog eolog ical features influencing the
movement , chemical , and p h y sical character of the
contaminants.
Re p orts of site assessments shall be submitted to the Division
as soon as p racticable or in accordance with a schedule
established b y the Director , or his desiq nee. In establishing a
schedule the Director , or his desiq nee shall consider any
reasonable p rop osal b y the p erson submitting the re p ort. ill Corrective action p lans for restoration of g roundwater
q uality, submitted p ursuant to Parag rap h (c ) of this rule shall
include: ·
(1 ) A descri p tion of the p rop osed corrective action and
reasons for its selection.
(2 ) S p ecific p lans , including eng ineering details where
a pplicable , for restoring g roundwater q uality .
(3 ) A schedule for the imp lementation and o p eration of the
p rop osed p lan.
(4 ) A monitoring p lan for determining the effectiveness
of the p rop osed corrective action and the movement of
the contaminant p lume.
1glfa,}-In the evaluation of corrective1:emea:i:al action plans,
the Director , or his desi q nee shall consider the extent of any
violations, the extent of any threat to human health or safety,
the extent of damage or p otential adverse imp act to the
environment, technology available to accomplish restoration-'-aRa
the p otential for deg radation of the contaminants in the
environment , the time and costs estimated to achieve g roundwater
q uality restoration , aaa the public and economic benefits to be
derived from groundwater quality restoration-. and the p robable
conseq uences of alternate actions.
(h ) A corrective action p lan must be imp lemented using the best
available technology for restoration of g roundwater q uality to the
level of the g roundwater q uality standards s p ecified in Rule .0202
of this Subchap ter unless:
(1 ) an alternate cleanup level has been established b y
the Director p ursuant to · Parag rap h ( i ) of this Rule ,
or,
(2 ) natural remediation has been a pproved b y the Director
in accordance with the p rovisions of Parag rap h (k ) of
this Rule. ·
( i ) An alternate cleanup level to a standard established in
Rule .0202 of this Subchap ter ma y be a pproved b y the Director if
sufficient information is p resented to support a determination b y
the Director that:
(1 ) an alternate cleanup level will be p rotective of
human health and the environment based on evidence that
the contaminant will not adversely imp act any existing
or foreseeable recep tor , either due to site s p ecific
conditions or an a pproved remedial action involving
eng ineering control of the contaminant ; such evidence
could include , but is not limited to:
(A ) travel time and natural attenuation cap acity of
subsurface materials are such that the standards
s p ecified in Rule . 0202 of this Subchap ter at a
location no closer than one y ear time of travel
u pgradient of an existing or foreseeable recep tor
are p rotected.
(B ) a p h y sical barrier to g roundwater mi g ration exists
or will be installed b y the res p onsible p arty
sufficient to result in p reservation of the
g roundwater standard s p ecified in Rule . 0202 of
this Subcha p ter at a location no closer than one
y ear time of travel u pgradient of an existing or
foreseeable rece p tor or ,
(2 ) new toxicolog ical information has become available
which the Di vision of Ep idemiology determines would
j ustif y cleanup to a standard different from those
( j) A
submitted
( 1 )
( 2 )
( 3 )
( 4 )
s p ecified in Rule .0202 of this Subchap ter.
req uest for an alternate cleanup level shall be
to the Director and sha ll include:
a descri p tion of site s p ecific conditions ;
the technical basis for the req uest ;
a discussion of and rationale for the request ;
sufficient evidence to support· a determination b y the
Director that an alternate cleanup level would be
consistent with all other environmental laws ;
(5 ) any other information req uested b y the Director to
thoroug hl y evaluate the req uest ; and
(6 ) evidence that p ublic notice of the req uest has been
p rovided in accordance with Rule .0114 (b ) of this
Subchap ter.
( k ) The Director ma y be re q uested to a pprove a corrective
action p lan de p endent u p on natural p rocesses of deg radation and
attenuation of contaminants. Evidence and other information
submitted in su pport of the req uest shall include:
(1 ) s u fficient evidence to support a determination b y the
Director that:
(A ) all sources of contamination and free p roduct have
been removed or controlled p ursuant to Parag rap h
(d ) of this Rule ; and
(B l The contaminants p resent exist in concentrations
that do not currentl y and are not calculated to
mi g rate to any existing or foreseeable recep tor
above a pplicable standards;
(2 ) evidence of the contaminant's deg radation and
attenuation cap acity; ·
(3 ) identification and discussion of site-sp ecific
characteristics indicating that conditions are adeq uate
to support contaminant deg radation or attenua tio n ;
(4 ) a g roundwater monitoring p rog ram sufficient to track
the deg radation and attenuation of contaminants within
and down g radient of the p lume and to detect
contaminants p rior t o their reaching any existing or
foreseeable recep tor at least one y ear's time of travel
u pgradient of the· recep tor and no g reater than the
distance the g roundwater at the contaminated site could
travel in five y ears.
(5 ) written documentation of p ro j ected g roundwater use in
the contaminated area based on current state or local
g overnment p lanning efforts ;
(6 ) cop ies of written notice , to all p rop erty owners and
all occup ants within or contig uous to the area
underlain b y the pollution p lume , and under which it is
exp ected to mi g rate , stating that fact;
(7 ) evidence that all necessary access a g reements needed to
monitor g roundwater q uality p ursuant to (4 ) above have
been or can be obtained ; and
(8 ) evidence that p ublic notice of the req uest has been
p rovided . in accordance with Rule . 011 4 ( b ) of . this
Subchap ter.
If at any time . the Director determines that a contaminant ,
being monitored under a natural remediation p rog ram , has the
potential to mi g rate to any· existing or foreseeable receptor above
a pplic able groundwater standards , or if contaminant concentrations
are not decreasing, the res p onsible p art y shall imp lement an
active g roundwater corrective action p lan in ac c ordance . with a
schedule established b y the Director.
(1 ) The Director ma y consider a req uest to allow the termination
of corrective action. The req uest must include:
(1 ) A demonstration b y the p arty making the req uest that
continuance of corrective action would not result in a
sig nificant reduction in the concentration of
contaminants. At a m1n1mum this demonstration must
include a showing that · the as ymp totic slop e of the
contaminants curve of decontamination is less than a
ratio of 1 ;40 over a term of one y ear based on
q uarterl y . samp ling .
(2 ) A discussion of the duration of the corrective action ,
the total p ro j ect's cost , p ro j ected annual cost for
continuance and evaluation of the success of the
corrective action.
(3 ) An evaluation of alternate treatment technolog ies
which could result in further reduction of contaminant
levels with p ro j ected cap ital and annual cost.
(4 ) Effects , including health and safety imp acts , on
g roundwat er users if contaminant levels remain at
levels existing at the time corrective action is
terminated,
(5 ) Evidence that p ublic notice of the req uest has been
p rovided in accordance with Rule .0114 (b ) of this
Subchap ter.
fe~ The Director may authorize the-aiseeRtiRaaRee-ef-Femeaial
aetieR-te-FesteFe-~FeaRawateF-~aality-te-the-level-ef-the-staRaaFa
apeR-a-aemeastFatiea-ey-the-Fespeasiele-paFty-te-the-BiFeeteF-that
eeRtisaaaee -weals -set -Fesalt -is -si~aifieaRt --FeaaetieR -iR -the
eeReeRtFatieR-ef-eeRtamiRaRtST--iR-ehe-eeasiae~atieR-ef-a-Fe~aest
te-aiseeatiaae-Femeaial-aetieas7 -tke-B:i:Feete£-shall-eeasiae£-tke
aa£atiea--aa~--ae~Fee--e:f--saeeess--ef--Femeaial--effeFts7--the
feasieility -e:f -etkeF -tFeatmeat -teehai~aes -whieh -eeala -Fesalt -:i:a
:fa£tke£--Feaaetiea--ef--eeatamiaaat--levels7 --aaa--tke--effeet--ea
~FeaaawateF-aseFs-if-eeatam:i:aaats-Fema:i:a-at-levels-eK:i:stia~-at-tke
time -ef -teFmiaatiea -ef -Femeaial -aetieR-:-the termination of the
corrective action , or amend the corrective action p lan after
considering all the information in the req uest. Up on termination
of corrective action , a g roundwater monitoring p rog ram shall be
req uired sufficient to track the deg radation and attenuation of
contaminants at a location of at least one y ear's time of travel
u pgradient of any existing or foreseeable recep tor. The monitoring
p rog ram shall remain in effect until there is sufficient evidence
that the contaminant concentrations have been reduced to the level
of the standards.
1.mlf:f-}-Upon a determination by the Director-that continued
Femea:i:al corrective aet:i:eas action would result in no significant
reduction in contaminant concentrations, tae -Fespeasiele -paFty
shall -petit:i:ea -fe£ -a -vaF:i:aaee -eF -a -Feelassifieatiea -ef -tae
impaetea-~FeaaawateFs. and the imp acted g roundwaters can be made
p otable b y treatment using readil y available and economically
reasonable technology, the Director ma y desi g nate the remaining
area of deg raded g roundwater RS. Where the remaining deg raded
g roundwaters cannot be made p otable b y such treatment , the
Director ma y consider a req uest for reclassification.
(n ) If at any time the Director determines that new technology
is available that would remediate the contaminated g roundwater to
the standards s p ecified in Rule • 0202 , the Director ma y req uire
the res p onsible p arty to imp lement an active g roundwater
corrective action p lan in accordance with a schedule established
b y the Director.
12.l.f~-}-Where groundwater quality standards are exceeded as a
result of · the application of pesticides or other agricultural
chemicals, the Director shall request the Pesticide Board or the
Department of Agriculture to assist the Division of Environmental
Management in determining the cause of the violation. If the
violation is determined to have resulted from the use of
pesticides, the Director shall request the Pesticide Board to take
appropriate regulatory action to control the use of the chemical
or chemicals responsible for, or contributing to, such violations,
or to discontinue their use.
History Note: Statutory Authority G.S. 143-215.2;
143-215.3(a)(1); 143B-282;
Eff. August 1, 1989.
Amended Eff. · September 1, 1992
15A NCAC 2L .0107 is proposed for amendment as follows:
.0107 COMPLIANCE BOUNDARY
(a) For disposal systems individually permitted prior to
December 30, 1983, the compliance boundary is established at a
horizontal distance of 500 feet from the waste boundary or at the
property boundary, whichever is closer to the source.
(b) For disposal systems individually permitted on or after
December 30, 1983, a compliance boundary shall be established 250
feet from the waste boundary, or 50 feet within the property
boundary, whichever point is closer to the source.
(c) The boundary shall be established by the Director , or his
desig nee at the time of permit issuance. Any sale or transfer of
property which affects a compliance boundary shall be reported
immediately to the Director , or his desi g nee. For disposal
systems which are not governed by Paragraphs (e) or (f) of this
Rule, the compliance boundary affected by the sale or transfer of
property will be re-established consistent with Paragraphs (a) or
(b) of this Rule, whichever is applicable.
( d) Excep t as p rovided in Parag rap h ( g) of this Rule , FeF
dispesal-systems-peFmitted-eF-FepeFmitted-afteF-JaaHaFy-+7 -+99a,
no water supply wells shall be constructed or operated within the
compliance boundaryT of a dis p osal s y stem individually p ermitted
or re p ermitted after January 1 , 1993.
( e) Excep t as p rovided in Parag rap h ( g) of this Rule , Fe£
dispesal-systems-peFmittea-eF-FepeFmittea-afteF-JaRHaFy-+7-+993, a
permittee shall not transfer land within an established compliance
boundary of a disp osal s y stem p ermitted or rep ermitted after
January 1 , 1993 unless:
(1) the land transferred is serviced ·by a community water
system as defined in 15A NCAC 18C, the source of which
is located outside the compliance boundary; and
(2) the deed transferring the property:
(A) contains notice of the permit, including the
permit number, a description of the type of
permit, and the name, address and telephone number
of the permitting agency; and
(B) contains a restrictive covenant running with the
land and in favor of the permittee and the State,
as a third party beneficiary, which prohibits the
construction and operation of water supply wells
within the compliance boundary; and
(C) contains a restrictive covenant running with the
land and in favor of the permittee and the State,
as a third party beneficiary, which grants the
right to the permittee and the State to enter on
such property within the compliance boundary for
groundwater monitoring and remediation purposes.
( f) If at the time a permit is issued or reissued after
January 1, 1993, the permittee is not owner of the land within the
compliance boundary, it shall be a condition of the permit issued
or renewed that the landowner of the land within the compliance
boundary, if other than the permittee, and excep t as p rovided in
Parag rap h (g) of this Rule , execute and file in the Register of
Deeds in the county in which the land is located, an easement
running with the land which:
(1) contains:
(A) either a notice of the permit, including the
permit number, a description of the type of
permit, and the name, address and telephone number
of the permitting agency; or
(B) a reference to a notice of the permit with
book and page number of its recordation if such
notice is required to be filed by statute;
(2) prohibits the construction and operation of water
supply wells within the compliance boundary; and
{3) reserves the right to the permittee and the State to
enter on such property within the compliance boundary
for groundwater monitoring and remediation purposes.
The easement ma y be terminated b y the Director when
its p urp ose has been fulfilled or the need for the
easement no long er exists. Under those conditions the
Director , at the req uest of the landowner , ma y file
with the a pprop riate Re g ister of Deeds , a document
terminating the easement.
Cg) The req uirements of Parag rap hs (d ), (e ) and (f ) of this
Rule are not a pplicable to g round adsorp tion treatment s y stems
serving four or fewer sing le famil y dwelling s or multiunit
dwelling s of four or fewer units.
J.hlfg+ The boundary shall form a vertical plane extending from
the water table to the maximum depth of saturation.
illfh+ For ground absorption sewage treatment and disposal
systems which are permitted under 15A NCAC 18A .1900, the
compliance boundary shall be established at the property boundary.
illfi+ Penalties authorized pursuant to G.S. 143-215.6A(a){1)
will not be assessed for violations of wateF g roundwater quality
standards within a compliance boundary unless the violations are
the result of violations of permit conditions or negligence in the
management of the facility.
illf1+ The Director shall require:
(1) that permits for all activities governed by G.S.
143-215.1 be written to protect the quality of
groundwater established by applicable standards, at the
compliance boundary;
{2) that necessary groundwater quality monitoring shall be
conducted within the compliance boundary; and
(3) that a violation of standards within the compliance
boundary resulting from activities conducted by the
permitted facilit~ be remedied through clean-up,
recovery, containment, or other response when any of
the following conditions occur:
(A) a violation of any standard in adjoining
classified wateE"s g roundwaters occurs or can be
reasonably predicted to occur considering
hydrogeologic conditions, modeling, or other
available evidence;
(B) an imminent hazard or threat to the public health
or safety exists; or
(C) a violation of any standard in groundwater
occurring in the bedrock other than limestones
found in the Coastal Plain sediments7 , unless it
can be demonstrated that the violation will not
adversel y imp act , or have the p otential to
adversely im p act a water suppl y well.
History Note: Statutory Authority G.S. 143-215.1(b);
143-215.3(a)(1); 143B-282;
Eff. August 1, 1989.;
Amended Eff. · November 2, 1992
15A NCAC 2L .0109 is proposed for amendment as follows:
.0109 DELEGATION
(a) The Director is delegated the authority to enter into
consent special orders under G.S. 143-215.2 for violations of the
waee~ g roundwater quality standards except when a public meeting
is required as provided in 15A NCAC 2H .1203.
(b) The Director is delegated the authority to prepare a
proposed special order to be issued by the Commission without the
consent of the person affected and to notify the affected person
of that proposed order and of the procedure set out in G. S.
150B-23 to contest the proposed special order.
(c) The Director , or his desig nee shall give public notice of
proposed consent special orders as specified in 15A NCAC 2H .1203.
History Note: Statutory Authority G.S. 143-215.2;
143-215.3(a)(1); 143-215.3(a)(4);
Eff. August 1, 1989;
Amended Eff. · October 1, 1990.
15A NCAC 2L .0110 is proposed for amendment as follows:
.0110 MONITORING
(a) ARY -peESeft -see;ee4: -te -the -pEevisieas -ef -6.S-. -l-43-~l-6-.l-
Excep t where exemp ted b y statute or this Subchap ter , any p erson
who causes, permits or has control over any discharge of waste, or
g roundwater cleanup p rog ram , shall install and imp lement a
monitoring system, at such locations, and in such detail, as the
Director , or his desig nee may require to evaluate the effects of
the discharge upon the waters of the state, including the effect
of any actions taken to restore groundwater quality, as well as
the efficiency of any treatment facility. The monitoring p lan
shall be p rep ared under the res p onsible charg e of a Professional
Eng ineer or Licensed Geolog ist and bear the seal of the same.
( b) Moni taring systems shall be epeEa4:ed constructed in a
manner that will not result in the contamination of adjacent
groundwaters of a higher quality.
( c) Monitoring shall be conducted and results reported in a
manner and at a frequency specified by the Director , or his
desi g nee.
History Note: Statutory Authority G.S. 143-215.1(b);
143-215.3(a)(1); 143-215.65; 143-215.66;
143B-282;
Eff. August 1, 1989.
Amended Eff.
15A NCAC 2L .0111 is proposed for amendment as follows:
.0111 REPORTS
~ Any person subject te-the-pFevisieas-ef-G.s.-;4a-2;5_;-aRa
to the requirements for corrective action specified in Rule .0106
of this Subchapter shall submit to the Director, in such detail as
the Director may require, a written report that describes:
(1) the results of the investigation specified in
Paragraphs (c)(1) and (c)(2)(B) of Rule .0106,
including but not limited to:
JAlfa+ a description of the sampling procedures
followed and methods of chemical analyses
used; and
.11Ufe+ all technical data utilized in support of any
conclusions drawn or determinations made.
(2) the results of the predictive calculations or modeling,
including a copy of the calculations or model runs and
all supporting technical data, used in the
demonstration required in Paragraph (c)(2)(A) of Rule
.0106; and
(3) the proposed methodology and timetable associated with
the EesteEatiea-ef-§FettRawateF-~ttalitycorrective action
for those situations identified in Paragraphs ( c) ( 1 )
and (c)(2)(B) of Rule .0106.
(b) The report shall be prepared under the responsible charge
of a Professional Engineer or Licensed Geologist and bear the seal
of the same as specified in Rule .0106{c){2)CB).
History Note: Statutory Authority G.S. 143-215.1(b);
143-215.3(a)(1); 143-215.65; 143B-282;
Eff. August 1, 1989.
Amended Eff.
15A NCAC 2L .0112 is proposed for amendment as follows:
.0112 ANALYTICAL PROCEDURES
Tests or analytical procedures to determine compliance or
noncompliance with the wate~ g roundwater quality standards
established in Rule .0202 of this Subchapter will be in accordance
with:
( 1 )
(2)
The following methods or procedures for substances where
the selected method or procedure provides a method
detection limit value at or less than the standard:
(a) Standard methods for the Examination of Water and
Wastewater, t6th 17th Edition, t985 1989,
including any subseq uent amendments and editions
published jointly by American Public Health
Association, American Water Works Association
and Water Pollution Control Federation; .
(b) Methods for Chemical Analysis of Water and Waste, 1979,
U.S. Environmental Protection Agency publication number
EPA-600/4-79-020, as revised March 1983;
(c) Test Methods for Evaluating Solid Wastes:
Physical/Chemical Methods, 3rd Edition, 1986, U.S.
Environmental Protection Agency publication number
SW-846;
(d) Test Procedures for the Analysis of Pollutants Under
the Cl _ean Water Act, Federal Register Vol. 49, No. 209,
40 CFR Part 136, October 26, 1984;
(e) Methods or procedures approved by letter from the
Director upon application by the regulated source.
A method or procedure approved by the Director for
substances where the standard is less than the l:i:m:i:t-ei
aeteetae:i:l:i:ty p ractical g uantitation level.
History Note: Statutory Authority G.S. 143-215.3(a)(1);
143B-282;
Eff. August 1, 1989
Amended Eff.
15A NCAC 2L .0113 is proposed for amendment as follows:
.0113 VARIANCE
(a) The Commission, on its own initiative or pursuant to a
request under G.S. 143-215.3(e), may grant variances to wateF
~aality-staRaaFas-aRa-tae-eempliaRee-heaRaaFyT the rules of this
Subchap ter. PeFseRs-sah~eet-te-tke-pFevisieRs-ei-GTBT-+3GA-294
may-apply-ieF-a-vaFiaRee-aRaeF-tkis-SeetieRT
(b) Requests for variances are filed by letter from the
applicant to the Environmental Management Commission. The
application should be mailed to the chairman of the Commission in
care of the Director, Division of Environmental Management, Post
Office Box 2~68~7 29535 Raleigh, N.C. ~~6++ 27626-0535.
(c) The application should contain the following information:
(1) Applications filed by counties or municipalities must
include a resolution of the County Board of
Commissioners or the governing board of the
municipality requesting the variance from wateF
g roundwater quality standards which apply to the area
for which the variance is requested.
(2) A description of the past, existing or proposed
activities or operations that have or would result in a
discharge of contaminants to the groundwaters.
(3) Description of the proposed area for which a variance
is requested. A detailed location map, showing the
orientation of the facility, potential for groundwater
contaminant migration, as well as the area covered by
the variance request, with reference to at least two
geographic references (numbered roads, named
streams/rivers, etc.) must be included.
(4) Supporting information to establish that the variance
will not endanger the public health and safety,
including health and environmental effects from
exposure to the groundwater contaminants. (Location of
wells and other water supply sources including details
of well construction within 1 /2 mile of site must be
shown on a map) .
(5) Supporting information to establish that standards
cannot be achieved by providing the best available
technology economically reasonable. This information
must identify specific technology considered, changes
in quality of the contaminant plume· as demonstrated
through predictive calculations appFevea --ey --the
9iFeeteF, and technological constraints which limit
g roundwater q uality restoration to the level of the
standard.
(6) Supporting information to establish that compliance
would produce serious hardship on the applicant.
(7) Supporting information that compliance would produce
serious hardship without equal or greater public
benefit.
(8) A copy of any Special Order that was issued in
connection with the contaminants in the proposed area
and supporting information that applicant has complied
with the Special Order.
(9) A list of the names and addresses of any property
owners within the proposed area of the variance as well
as any property owners adjacent to the site covered by
the variance.
{d) Upon receipt of the application, the Director will review
it for completeness and request additional information if
necessary. When the applica"tion is complete, the Director shall
give public notice of the application and schedule the matter for
a public hearing in accordance with G. S. 143-21 5. 4 ( b) and the
procedures set out &e±ew in Parag rap h (e ) of this Rule.
(e) Notice of Public Hearing.
(1) Notice of public hearing on any variance application
shall be circulated in the geographical areas of the
proposed variance by the Director at least 30 days
prior to the date of the hearing:
(A) by publishing the notice one time in a newspaper
having general circulation in said county;
(B) by mailing to the North Carolina Department of H~maa
Environment , Heal th , and Natural Resources,
Divi•ion of Hea±th-SeFviees7 Environmental Health
and appropriate local health agency;
(C) by mailing to any other federal, state or local
agency upon request;
(D) by mailing to the local governmental unit or units
having jurisdiction over the geographic area
covered by the variance;
(E) by mailing to any property owner within the
proposed area of the variance, as well as any
property owners adjacent to the site covered by
the variance; and
(F) by mailing to any person or group upon request.
(2) The contents of public notice of any hearing shall
include at least the following:
(A) name, address, and phone number of agency holding
the public hearing;
(B) name and address of each applicant whose
application will be considered at the meeting;
(C) brief summary of the proposed standard
variance or modification of the perimeter of
compliance being requested;
(D) geographic description of a proposed area for
which a variance is requested;
(E) brief description of the acti"vities or operations
which have or will result in the discharge of
contaminants to the groundwaters described in the
variance application;
(F) a brief reference to the public notice issued for
each variance application;
(G) information regarding the time and location for
the hearing;
(H) the purpose of the hearing;
(I) address and phone number of premises at which
interested persons may obtain further information,
request a copy of each application, and inspect
and copy forms and related documents; and
(J) a brief description of the nature of the hearing
including the rules and procedures to be followed.
The notice shall also state that additional
information is on file with the Director and may
be inspected at any time during normal working
hours. Copies of the information on file will be
made available upon request and payment of cost or
reproduction.
(f) All comments received within 30 days following the date of
the public hearing shall be made part of the application file and
shall be considered by the Commission prior to taking final action
on the application.
(g) In determining whether to grant a variance, the Commission
shall consider whether the applicant has complied with any Special
Order, or Special Order by Consent issued under G.S. 143-215.2.
(h) If the Commission's final decision is unacceptable, the
applicant may file a petition for a contested case in accordance
with Chapter 150B of the General Statutes. If the petition is not
filed within 60 days, the decision on the variance shall be final
and binding.
(i) A variance shall not operate on a defense to an action at
law based upon a public or private nuisance theory or any other
cause of action.
History Note: Statutory Authority G.S. 143-215.3(a)(1);
143-215.3(a)(3); 143-215.3(a)(4); 143-215.3(e);
143-215.4;
Eff. August 1, 1989.
Amended Eff.
15A NCAC 2L .0114 is proposed for adoption as follows:
.0114 NOTIFICATION REQUIREMENTS
(a) Any person subject to the requirements of Rule .0106(c)(1)
of this Subchapter shall submit to the Health Director of the
county or counties. and the chief administrative officer of the
political jurisdiction in ·which the groundwater contamination has
occurred, a report that describes:
(1) The area extent of the contaminant plume;
(2) The chemical constituents in the groundwater which
exceed the standards described in Rule . 0202 of this
Subchapter;
(3) Actions taken and intended to mitigate threats to human
health;
(4) The location of any wells installed for the purpose of
monitoring the contaminant plume and the frequency of
sampling.·
The report described in this Rule shall be submitted no later
than five days after submittal of the completed report assessing
the cause, significance and extent of the violation as required by
Rule . 01 0 6 ( c ) .
(b) Any person requesting from the Director an alternate
cleanup level, approval of a natural remediation orogram or
permission to terminate active groundwater remediation shall
notify the Health Director of . the county or counties, and the
chief administrative officer of · the political jurisdiction in
which the contaminant plume occurs. and all property owners and
all occupants within or contiguous to the area underlain by the
pollution plume, and under which it is expected to migrate. of the
nature of the request and reasons supporting it. Notification
shall be made by certified mail concurrent with the submittal of
the request to the Director. A final decision by the Director may
not be made within 30 days of receipt of the request.
( c) Any person authorized by the Director to cleanup to an
alternate cleanup level, rely on a natural remediation program or
to terminate active groundwater remediation shall notify parties
specified in Paragraph (b) of this Rule of the Director's
decision. Notification shall be made by certified mail within 30
days of receipt of the Director's decision.
History Note Statutory Authority G.S. 143-214.1;
143-215.3(a)(1); 143B-282(2)b;
Eff.
.0200 -CLASSIFICATIONS AND WATER QUALITY STANDARDS
15A NCAC 2L .0201 is proposed for amendment as follows:
.0201 GROUNDWATER CLASSIFICATIONS
The classifications which may be assigned to the
will be those specified in the following
classifications:
groundwaters
series of
( 1 )
( 2 )
Class GA wateFs g roundwaters; usage and occurrence:
(a) Best Usage. Existing or potential source of drinking
water supply for humans.
(b) Conditions Related to Best Usage. This class is
intended for tho.se groundwaters in which chloride
concentrations are equal to or less than 250 mg/1, and
which are considered suitable for dr:i,nking in their
natural state, but which may require treatment to
improve quality related to natural conditions.
(c) Occurrence. In the saturated zone.
Class GSA wateFs g roundwaters; usage and occurrence:
(a) Best Usage. Existing or potential source of water
supply for potable mineral water and conversion to
fresh waters.
(b) Conditions Related to Best Usage. This class is
intended for those groundwaters in which the chloride
concentrations due to natural conditions is in excess
of 250 mg/1, but which otherwise may be considered
suitable for use as potable water after treatment to
reduce concentrations of naturally occurring
substances.
(c) Occurrence. In the saturated zone.
(3) Class GC wateFs g roundwaters: usage and occurrence:
(a) Best Usage. The best usag e of GC g roundwaters is as a
SeHFee source of water supply for purposes other than
drinking , including other domestic uses b y humans.
(b) Conditions Related to Best Usage. This class includes
those groundwaters that do not meet the quality
criteria ei-wateFs-aaviag-a-aigaeF-elassiiieatiea for
GA or GSA g roundwaters ef -wateFs -aaviag -a -aigaeF
elassiiieatiea and for which efforts to FesteFe-ia-sitH
te-a-aigaeF-elassiiieatiea imp rove g roundwater q uality
would not be technologically feasible, or not in the
best interest of the public. Continued consump tion of
waters of this class b y humans could result in adverse
health affects.
(c) Occurrence. Groundwaters of this class ma y be defined
IR-ehe-saeeFaeea-eeRe7 -as-aeeeFm~Red by the Commission
on a case by case basis.
History Note: Statutory Authority G.S. 143-214.1;
143B-282(2);
Eff. June 10, 1979;
Amended Eff. · August 1, 1989; September
1, 1984; December 30, 1983.
15A NCAC 2L .0202 is proposed for amendment as follows:
.0202 WA!l'ER GROUNDWATER QUALITY STANDARDS
(a) The wateF g roundwater quality standards for the p rotection
of the groundwaters of the state are those specified in this Rule.
They are the maximum allowable concentrations resulting from any
discharge of contaminants to the land or waters of the state,
which may be tolerated without creating a threat to human health
or which would otherwise render the groundwater unsuitable for its
intended best usage. WheFe -gFe1::1aawateF -EJ1::1al:i:ty -staaaaFEls -have
aees-exeeeaea-a1::1e-te-maa~s-aet:i:v:i:t:i:es7 -FesteFat:i:ea-effeFts-shall
ae -ees:i:gaea -te -FesteFe -gFe'tlaewateF -EJ1::1al:i:ty -te -the -level -ef -the
staaeaFe-eF-as-elesely-theFete-as-:i:s-pFaet:i:eaaleT
(b) The max:i:m1::1m-allewaale-eeaeeatFat:i:eas g roundwater q uality
standards for contaminants specified in Paragraphs (g) and (h) of
this Rule shall be as listed, except that:
(1) Where the max:i:m~m-allewaale-eeaeeatFat:i:ea-ei standard
for a substance is less than the l:i:m:i:t-ei-eeteetaa:i:l:i:ty
p ractical g uantitation limit, the s1::1astaaee-shall-aet
ae-peFm:i:ttee~:i:a-aeteetaale-eeaeeatFat:i:easT detection of
that substance at or above the p ractical g uantitation
limit shall constitute a violation of the standard.
(2) Where two or more substances exist in combination, the
Director shall consider the effects of chemical
interactions as determined b y the Di vision of
Ep idemiology and may establish maximum concentrations
at values less than those established in accordance
with Paragraphs ( c) and ( g) of this Rule. In the
absence of information to the contrary, the
carcinogenic risks associated with carcinogens present
shall be considered additive and the toxic effects
associated with non-carcinogens present shall also be
considered additive.
(3) Where naturally occurring substances exceed the
established standard, the standard will be the
naturally occurring concentration as determined by the
Director.
(c) Exce p t for tracers used in concentrations which have been
determined b y the Di vision of Ep idemiology to be p rotective of
human health , and the use of which has been p ermitted b y the
Division , S1::1astaaees substances which are not naturally occurring
and for which no standard is specified shall not be permitted in
detectable concentrations in Class GA or Class GSA groundwaters.
Any person may petition the Director to establish an interim
maximum allowable concentration for an unspecified substance,
however, the burden of demonstrating those concentrations of the
substance which correspond to the levels described in Paragraph
(d) of this Rule rests with the petitioner. The petitioner shall
submit all toxicological and epidemiological data, study results,
and calculations necessary to establish a standard in accordance
with the procedure prescribed in Paragraph ( d) of this Rule.
Within three months after the establishment of an interim maximum
allowable concentration for a substance by the Director, the
Director shall initiate action to consider adoption of a standard
for that substance.
( d) MaKi°Rll:lR\--allewaele --eeaeeRtE"at:i:eas Groundwater q uality
standards for substances in Class GA and Class GSA wa~ePs
g roundwaters are established as the lesser of:
(1) Systemic threshold concentration calculated as follows:
[Reference Dose (mg/kg/day) x 70 kg (adult body weight)
x Relative Source Contribution (.10 for inorganics; .20
for organics)] / [2 liters/day (avg. water
consumption)];
(2) Concentration which correspo~gs to an incremental
lifetime cancer risk of 1x10 ;
(3) Taste threshold limit value;
(4) Odor threshold limit value;
(5) Maximum contaminant level; or
(6). National secondary drinking water standard.
(e) The following references, in order of preference, shall be
used in establishing concentrations of substances which correspond
to levels described in Paragraph (d) of this Rule.
(1) Integrated Risk Information System· (U.S. EPA).
(2) Health Advisories (U.S. EPA Office of Drinking Water).
(3) Other health risk assessment data published by U.S.
EPA.
(4) Other appropriate, published health risk assessment
data.
(f) WatePGroundwater quality standards specified in Paragraphs
(g) and (h) of this Rule and interim maximum allowable
concentrations established pursuant to Paragraph (c) of this Rule
shall be reviewed on a biennial basis. Appropriate modifications
to established standards will be made in accordance with the
procedure prescribed in Paragraph (d) of this Rule where
modifications are considered appropriate based on data published
subsequent to the previous review.
(g) Class GA Standards. Where not otherwise indicated, the
standard refers to the total concentration in milligrams per liter
of any constituent in a dissolved , colloidal or -particulate form
which is mobile in g roundwater. This does not a ppl y to sediment
or other p articulate matter which is p reserved in a g roundwater
samp le as a result of well construction or samp ling p rocedures.
(1 ) acetone: 0.7
illfll acrylamide (propenamide): 0.00001
..{.JJJ2l arsenic: 0.05
illf3l barium: i~o 2.0
.. LalJ4l benzene: 0.001
illf5l broinoform (tribromomethane): 0.00019
ill..f6l cadmium: 0.005
.illf+t carbofuran: 0.036
1.2.lf8t carbon tetrachlorid~S 0.0003
1.1.Qlf9t chlordane: 2.7 x 10
illlf+8t chloride: 250.0
1..11lf++t chlorobenzene: 8.3 0.05
1.1.llf+2t chloroform (trichloromethane): 0.00019
.1.li.lft3t 2-chlorophenol: 0.0001
.L.lllft4t chromium: 0.05
ilfil_ft6t cis-1,2-dichloroethene: 0.07
11.llf+6t coliform organisms (total): 1 per 100 milliliters
1.lllf++t color: 15 color units
1.12.l.f+Bt copper: 1.0
il.Qlf+9t cyanide: 0.154
1.llif~Q+ 2, 4-D (2,4-dichlorophenoxy acetic ac!g): 0.07
1.111.f~+t 1,2-dibromo-3-chloropropane: 2.5 x 10 )
illlf22t dichlorodifluoromethane (Freon-12; Halon): Q.988+9 1.4
(24 ) 1 .1 dichloroethane: 0.7
.illlf23t 1,2-dichloroethane (ethylene dichloride): 0.00038
il.§.l.f24t 1,1-dichloroethylene (vinylidene chloride}: 0.007
i.11..lf25t 1,2-dichloropropane: 0.00056
(28 ) di-n-but y l (or dibut y l ) p hthalate (DBP ): 0.7
(29 ) diethy l p hthalate (DEP ): 5.0
(30 ) di (2-ethy lhexy l ) p hthalate (OEHP ): 0.003
ill.lf26t p-dioxane (1,4-d!rohylene dioxide): 0.007
1.illf2+t dioxin: 2.2 x 10
.illlf28t dissolved solids (total): 500
il.!lf29t endrin: Q.9QQ2 0.002
1.illf38t epichlorohydrin (1-chloro-2,3-epoxypropane): 0.00354
.Ll..§lf3+t ethylbenzene: 0.029
illlf32t ethylene_9ibromide (EDB; 1,2-dibromoethane): Q.85-x-+Q=~
4.0 X 10
Jlil.f33t ethylene glycol: 7.0
il2.lf34t fluoride €leaFiae: 2.0
..l!Qlf35t foaming agents: 0.5
1ill.f36t gross alpha (adjusted)particle activity (iRelaaiR§
Faaiam-226-eat excluding FaaeR radium-226 and uranium):
15 pCi/1 _5 _6 1..!1.lf3+t heptachlor: +.6-x-tQ--8.0 x_5o _6 illlf38t heptachlor epoxide: 3.8-K-+8--4.0 x 10
(44 ) hep tane: 2.1
1.illf39t hexachlorobenzene (perchlorobenzene): 0.00002
1.!.§lf49t n-hexane: +4.3 0.42 ·
ill.lf4+t iron: 0.3
ilfilf42t lead: Q.85 0.015 _5 4 iill.f43t lindane: 2.65-K-+8--2.0 x 10-
.ill..lf44t manganese: 0.05
i2.1.lf45t mercury: 0.0011
121.lf46t metadichlorobenzene (1,3-dichlorobenzene): 0.62
i2.llf4+t methoxychlor: Q.t 0.035
J.ill..f48t methylene chlo!ide (dichloromethane): 0.005
l..illf49t methyl ethyl ketone (MEK; 2-butanone): 0.17
1..llif59t methyl tert-butyl ether (MTBE ): 0.2
ifilf54t nickel: 8.45 ~
l..2filf5~t nitrate: (as N) 10.0
~f5at nitrite: (as N) 1.0
12.Qlf54t orthodichlorobenzene (1,2-dichlorobenzene): 0.62
ill.lf55t oxamyl: 0.175
1.§1lf56t paradichlorobenzene (1,4-dichlorobenzene): 8.8848 0.075
1.&..ll.f5+t pentachlorophenol: 8.~~ 0.0003
il!J..f58t pH: 6.5 -8.5
~f59t radium-226 and radium-228 (combined): 5 pCi/1
1§.§lf68t selenium: 8.84 0.05
1§.1lf64t silver: 8.95 0.018
1filti.f6~t styrene (ethenylbenzene): 4.4-K-48~ .Q..J.
1§.2.lf6at sulfate: 250.0
11.Qlf64t tetrachloroethylene (perchloroethylene; PCE): 0.0007
ill.lf65t toluene (methylbenz~ge): 1.0
ill.lf66t toxaphene: 3.1 x 10 .
..Llllf6+t 2, 4, 5,-TP (Silvex): Q.84 0.05
.11.!lf68-}-trans-1,2-dichloroethene: 0.07
illlf69t 1,1,1-trichloroethane (methyl chloroform): 0.2
11.§lf+Gt trichloroethylene (TCE): 0.0028
(77 ) trichlorofluoromethane: 2.1 _5 .!BUf~lt vinyl chloride (chloroethylene): 1.5 x 10
.i.lilf+~t xylenes (o-, m-, and p-): 8.4 0.53
J .. §.Q.1.f~a-}-zinc: 5.8 2.1
(h) Class GSA Standards. The standards for this class shall
be the same as those for Class GA except as follows:
(1) chloride: allowable increase not to exceed 100 percent
of the natural quality concentration.
(2) total dissolved solids: 1000 mg/1.
(i) · Class GC waters.
(1) The concentrations of substances which, at the time of
classification exceed wateF-~eality-staeaaFas 7 the
standards a pplicable to Class GA or GSA g roundwaters
shall not be permittea caused to increase , nor shall
the concentrations of other substances be caused to
exceed the GA or GSA standards as a result of further
dis p osal of contaminants to or beneath the surface of
the land within the boundary of the area classified GC.
FeF-all-etheF-seestaeees7 -eeaeeetratieas-shall-eet-ee
eaesea-eF-permittea-te-eKeeea-the-estaelishea-staaaaFa.
(2) The concentrations of substances which, at the time of
classification, exceed water-~eality-staHaaFas-shall
aet-eaese-eF-eeatrieate-te-the-eeHtraveatiea-ei the
standards a pplicable to GA or GSA g roundwaters shall
not be caused to mi g rate as a result -of activities
within the boundary of the GC classification , so as to
violate the groundwater or surface water quality
standards in adjoining waters of a ·different class.
(3) Concentrations of specific substances, which exceed the
established standard at the time of classification,
shall be listed in Section .0300 of this Subchapter.
History Note: Statutory Authority
Eff. June 10, 1979;
G.S. 143-214.1; 143B-282(2);
Amended Eff. ____ _,__· September 1, 1992; August
1, 1989; September 1, 1984; December 30, 1983.
PROPOSED RULES
(5) February 1, 1986;
(6) August 3, 1992-:_;
ffi December .L. 1993.
(d) The Schedule of Classifications and Water
Quality Standards for the Broad River Basin was
amended effective August 3, 1992 with the reclas-
sification of all water supply waters (waters with
a primary classification of WS-1, WS-II or WS-
III). These waters were reclassified to WS-1, WS-
11, WS-ill, WS-IV or WS-V as defined in the
revised water supply protection rules, (ISA NCAC
2B .0100, .0200 and .0300) which became effec-
tive on August 3, 1992. In some cases, streams
with primary classifications other than WS were
reclassified to a WS classification due to their
proximity and linkage to water supply waters. In
other cases, waters were reclassified from a WS
classification to an alternate appropriate primary
classification after being identified as downstream
of a water supply intake or identified as not being
used for water supply purposes.
~ The Schedule of Classifications and Water
Quality Standards for the Broad River Basin ™
amended effective December .L. 1993 M follows:
Sandy Run Creek (Index No. 9-46) and all tribu-
taries from ~ to ! point 1.4 miles u pstream
from Cleveland County SR 1003 ~ reclassified
from Class C to Class WS-II and WS-II CA.
Statutory Authority G. S. I 43-214. I; I 43-215.1;
143-215.3(a)(J).
******************
Notice is hereby given in accordance with G. S.
I 50B-21. 2 that the EHNR -Division of Environ-
mental Management intends to adopt rule cited as
15A NCAC 2L .OJ 14and amend rules cited as 15A
NCAC 2L .0102 -.0104; .0106 -.0107,· .0109 -
.0113; .0201 -.0202.
The proposed effective date of this action is
September I, 1993.
The public hearings will be conducted at 7:00
p. m. on the following dates and locations:
7:24
April 1, 1993
Onslow County Courthouse
Old Courthouse
625 Court Street
Jacksonville, N. C.
NORTH CAROLINA REGISTER
Aprils, 1993
Martin County Community College
College Auditorium
Kehukee Park Road
Williamston, N. C.
April 7, 1993
Ground Floor Hearing Room
Archdale Building
512 N. Salisbury St.
Raleigh, N. C.
April 20, 1993
Rowan-Cabarrus Community College
Teaching Auditorium
Jake Alexander Blvd. and /-85
Salisbury, N. C.
April 21, 1993
UNC-ASHEV/UE
Carmi.chael Lecture Hall
1 University Heights
Asheville, N. C.
Reason for Proposed Action: The proposed
amendments to 15A NCAC 2L will amend the
Groundwater Classifications and Standards regard-
ing policy, RS designation, corrective actiqn,
compliance boundary, delegation, monitoring,
reports, variance, groundwater classifications, and
water quality standards. The adoption of 15A
NCA C 2.L . OJ 14 will establish notification require-
ments under thi.s Subchapter.
Comment Procedures: Notice is hereby given of
a series of public hearings to be held by the
Division of Environmental Management, on behalf
of the Environmental Management Commission
(EMC), to consider amendments to 15A NCAC 2L,
Groundwater Classification and Standards. The
purpose of the proposed amendments is to improve
the processes required to be followed in cleaning
up groundwater contamination and proyiding
protection for groundwater that is being used, or
may potentially be used for drinking water. To
accomplish thi.s objective, definitions have been
added, some clean up activities have been restrict-
ed to persons licensed by professional boards, and
requirements for designation of RS (Restricted)
groundwaters are clarified and extended to include
monitoring and notice requirements. Corrective
action requirements are rewritten to include mini-
mum cleanup requirements, information that must
March 15, 1993 2668
PROPOSED RULES
be included in cleanup plans, requirements for the
use of best available technology, procedures for
requesting alternative cleanup levels, and provi-
sions that would allow for the natural degradation
of contaminants when evidence is submitted that
this cleanup approach can be effective and is
protective of groundwater that is or may be used
for drinking water. In addition, revisions are
proposed in the compliance boundary rule that
would exempt small residential ground absorption
system$ from water well location restrictions and
compliance boundary requirements, and that would
maintain consistency with new rules for the permit-
ting of agricultural waste management sites.
Other proposed rule changes include requirements
for providing notice of corrective action to the
Health Director in the County where a contamina-
tion plume has occurred, and the addition and
revision of standards to incorporate recent toxico-
logical knowledge.
In aeveioping the{:e '!"ules.-concern was expressed
that considerable judgement must be exercised in
enforcement regarding the determination of the
impact of contamination on groundwater that may
be a potential source of drinking water. Consider-
ation was also given to the use of Maximum
Contaminate Levels (MCLs) for cleanup standards
instead of continuing the use of Groundwater
Standards for both groundwater protection and
contaminate cleanup. Comments were received
regarding the adequacy of requirements for notice
to parties that might be impacted by a proposed
cleanup activity. In addition, comments were also
received regarding the decision-making criteria the
Director must use in approving cleanup plans.
The EMC is interested in all comments from the
public or interested parties regarding the proposed
amendments and alternatives to these amendments
and is panicularly interested in comments and
public opinion regarding the impact of these rule
changes on the use of groundwater as existing or
potential sources of drinking water for public or
private use.
THESE PROPOSED AMENDMENTS REPRESENT
A SIGNIFICANT CHANGE FROM PRESENT
PRACflCE SINCE THEY WOUW NOT ALWAYS
REQUIRE THE APPLICATION OF BEST AVAIL-
ABLE TECHNOLOGY TO RESTORE GROUND-
WATER TO THE LEVEL OF THE STANDARD.
NEW APPROACHES PROPOSED INCLUDE THE
USE OF ALTERNATIVE CLEANUP LEVELS AND
NATVRAL REMEDIATION PROCESSES WHEN
THESE PROCESSES ARE DETERMINED BY THE
DIVISION TO BE PROTECflVE OF PUBLIC
HEALTH.
IT IS VERY IMPORTANT THAT All INTERESTED
AND POTENTIAILY AFFECTED PERSONS OR
PARTIES MAKE THEIR VIEWS AND OPINIONS
KNOWN. preferably in writing, TO THE EMC
WHETHER THEY ARE IN FAVOR OR OPPOSED
TO ANY OR ALL OF THE PROPOSED AMEND-
MENTS TO THE GROUNDWATER CLASSIFICA-
TION AND STANDARDS. PUBUC COMMENT IS
VITALLYIMPORTANTBECAUSETHEEMCMAY
ADOPT MORE OR LESS STRINGENT AMEND-
MENTS IF THE EMC DETERMINES THAT THE
FINAL ADOPTED RULES ARE A LOGICAL
OUTGROWTH OF THE NOTICE AND PUBLIC
COMMENT.
All persons interested in these matters are invited
to attend the public hearings noticed herein.
Written comments may be presented at the public
hearing or submitted through April 23, 1993.
Please submit comments to Mr. David Hance ,
Division of Environmental Management, Ground-
water Section, P. 0. Box 29535, Raleigh, NC
27626-0535, [phone].
Please notify Mr. Hance prior to the public hear-
ing if you desire to speak. Oral presentation
lengths may be limited depending on the number of
people that wish to speak at the public hearing.
Oral presentations greater than three minutes in
length are requested to be submitted in writing.
CHAPTER 2 -ENVIRONMENT AL
MANAGEl\llENT
SUBCHAPTER 2L -GROUNDWATER
CLASSIFICATION AND STANDARDS
SECTION .0100 -GENERAL
CONSIDERATIONS
.0102 DEFINITIONS
The definition of any word or phrase used in
these rules shall be the same as given in G.S. 143-
212 and G.S. 143-213 except that the following
words and phrases shall have the following mean-
ings:
(1) "Bedrock" means any consolidated rock
encountered in the place in which it was
formed or deposited and which cannot be
readily excavated without the use of
explosives or power equipment.
2669 7:24 NORTH CAROLINA REGISTER March 15, 1993
(2)
(3)
ill
ill
m.
ill)
ill}
ill}
7:24
PROPOSED RULES
"Commission" means the Environmental
Management Commission as organized
under Chapter 143B of the General Stat-
utes.
"Compliance boundary" means a bound-
ary around a disposal system at and
beyond which Wfttef-groundwater quality
standards may not be exceeded and only
applies to facilities which have received
a permit issued under the authority of
G.S. 143-215.1 QI~ LlQA. , er fer
eispesal systems peffflitted by the Depftft
tBent ef HtuHan R-eseurees.
"Corrective action plan" ~ !! plan for
eliminating sources of groundwater £Q!!:.
tamination and achievin g groundwater
quality restoration QI both. A corrective
action plan may propose remediation !2Y
the degradation and natural attenuation of
contaminants ~ well ~ !2Y conventional
or innovative technolo gi es.
~ "Director" means Director of the
Division of Env_ironmental Management.
"Division" ~ the Division of Envi-
ronmental Management.
"Exposure pathway" means !! ~
taken !2Y ~ contaminant !2Y way of !!
trans port medium after its release to the
environment.
"Free product" ~ !! non-aqueous
phase liquid which may collect Q9 the
water table, within the saturated ™ QI
in surface water.
~ "Fresh groundwaters" means those
groundwaters having a chloride concen-
tration equal to or less than 250 milli-
grams per liter.
~ "Groundwaters" means those waters
in the saturated zone of the earth.
~ "Hazardous substance" means any
substance as defined by Section 101(14)
of the Comprehensive Environmental
Response, Compensation and Liability
Act of 1980 (CERCLA).
"Licensed geologist" means ~ person who
has been duly licensed ~ ~ geologist in
accordance with the requirements of G.S.
89E.
"Natural remedial processes" means those
natural p rocesses acting to restore
groundwater quality, includin g dilution ,
filtration . sorption, ion-exchan ge . chemi-
cal transformation and biodegradation.
"Practical Ouantitation Level" ~ the
lowest guantitation level of~ given mate-
NORTH CAROLINA REGISTER
.(1fil
ill}
ill}
(20)
ill)
rial that £@ be ·reliably achieved among
laboratories within the s pecified limits of
precision and accuracv of a given analyti-
cal method during routine laboratory
operating conditions.
"Limit ef Deteetebility" means the meth
ea eeteetien limit establisbee fer the U.S.
EPA appre:Yed test preeeeure 1n•eYitii1tg
the le•.;rest methea aeteetiefl limit far the
substa.eee beiflg mefliteree.
~-"Natural conditions" means the physi-
cal, biological, chemical and radiological
conditions which occur naturally.
~ "Potable waters" means those waters
suitable for drinking, by humans.
"Professional Engineer"-~ ~ person
who has been duly registered and li-
censed ~ ~ professional engineer in
accordance with the r eq uirements ofG.S.
89C.
"Receptor" ~ ID!Y groundwater .
surface water, human, or structure. other
than~ monitoring well, which i§. Q! may
be affected !2Y ~ contaminant from !
contaminated site.
"Res ponsible ~ ~
! . person who i§. wholly QI partially
responsible for actions causing QI £Qn:
tributing to the violation of groundwater
quality standards ,
! subsequent purchaser of property
which i§. the ~ of groundwater
quality standard violations and who
p urchased the property with knowledge
of the contamination . or
an adjoining property ~ who ob-
structs the im plementation of corrective
action that would prevent further £Qn:
tamination.
fH1 "Review boundary" means a bound-
ary around a permitted disposal facility,
midway between a waste boundary and a
compliance boundary at which groundwa-
ter monitoring is required.
~ "Saline groundwaters" means those
groundwaters having a chloride concen-
tration of more than 250 mg/I.
~ "Saturated zone" means that part of
the subsurface below the water table in
which all the interconnected voids are
filled with water under pressure at or
greater than atmospheric. It does not
include the capillary fringe.
fl4, "Suitable for drinking" means a
quality of water which does not contain
March 15, 1993 2670
PROPOSED RULES
substances in concentrations which,
either singularly or in combination if
ingested into the human body, may cause
death, disease, behavioral abnormalities,
congenital defects, genetic mutations, or
result in an incremental lifetime cancer
risk in excess of lxl0·6, or render the
water unacceptable due to aesthetic quali-
ties, including taste, odor or appearance.
(24) "Time of travel" ~ the time required
for contaminants in groundwater to ~
! unit distance.
(25) ~"Waste boundary" means the perime-
ter of the permitted waste disposal area.
(26) ~ "Water table" means the surface of
the saturated zone below which all inter-
connected voids are filled with water and
at which the pressure is atmospheric.
Statutory Authority G.S. 143-214.1; 143-215;
143B-282.
.0103 POLICY
(a) The rules established in this Subchapter are
intended to maintain and preserve the quality of
the groundwaters, prevent and abate pollution and
contamination of the waters of the state, protect
public health, and permit management of the
groundwaters for their best usage by the citizens of
North Carolina. It is the policy of the Commis-
sion that the best usage of the groundwaters of the
state is as a source of drinking water. These
groundwaters generally are a potable source of
drinking water without the necessity of significant
treatment. It is the intent of these Rules to protect
the overall high quality of North Carolina's
groundwaters eeEl te ee:heeee MtEl restere the
q1ui:l.if)1 of ElegraeeEl gretteElv.reters to the level
established by the standards-:-and to enhance and
restore the quality of de!!raded groundwaters
where feasible and necessaxy to protect human
health and the environment. or to ensure their
suitabilitv as~ future~ of drinking water.
(b) It is the intention of the Commission to
protect all groundwaters to a level of quality at
least as high as that required under the standards
established in Rule .0202 of this Subchapter. In
keeping with the policy of the Commission to
protect, maintain, and enhance groundwater quality
within the State of North Carolina, the Commis-
sion will not approve any disposal system subject
to the provisions of G.S. 143-215. l which would
result in:
(1) the significant degradation of
groundwaters of which the existing
quality is better than the assigned stan-
dard, unless found to be economically
and socially justifiable, or
(2) a violation of a weter groundwater
quality standard beyond tee l:lettatleries
ef tee propet'ty Oft whieb tee S8Hf'ee of
poHtttiee is loeeteEl, er ~ designated
compliance boundary. or
(3) the impairment of existing groundwater
uses or an adverse impact on the public
health, safety or welfare.
(c) Violations of groundwater quality standards
resulting from groundwater withdrawals which are
in compliance with water use permits issued
pursuant to G.S. 143-215.15, shall not be subject
to the corrective action requirements of Rule .0106
of this Subchapter.
(d) No person shall conduct or cause to be
conducted, any activity which causes the concen-
tration of any substance to exceed that specified in
Rule .0202 of this Subchapter, except as autho-
rized by the rules of this Subchapter.
{!tl Work performed pursuant to the rules of this
Subchapter which involves site assessment, the
interpretation of subsurface geologic conditions,
preparation of conceptual corrective action plans QI
any work requiring detailed technical knowledge of
site conditions which ~ submitted !,Q the Director.
shall be performed ~ persons, firms or profes-
sional corporations who are duly licensed to offer
geological .QI engineering services .Qj'. the appropri-
ate occupational licensing board. Work which
involves design of remedial systems or specialized
construction techniques shall be performed ~
persons, firms or professional corporations who
~ duly licensed to offer engineering services.
Corporations that ~ authorized ~ law to perform
engineering or geological services and ~ exempt
from the Professional Corporation Act, G.S. 55B,
may perform these services.
Statutory Authority G.S. 143-214. I; 143-214.2;
143-215.3(e); 143-215.3(a)(1); 143B-282.
.0104 RESTRICTED DESIGNATION (RS)
(a) The Director is authorized to designate GA
or GSA groundwaters as RS under any of the
following circumstances:
(l) Where, as a result of man's activities,
groundwaters contain concentrations of
substances in excess of the groundwater
quality standards established under this
Subchapter, and remeEliel termination of
corrective action to restore groundwater
quality has been reqHireEl, er approved
2671 7:24 NORTH CAROLINA REGISTER March 15, 1993
PROPOSED RULES
.QY the Director . Q! where the Director
has approved .!! corrective action plan,
Q! alternate cleanup levels, relying
solely Q! in part upon natural remedial
processes and, in either case, the
groundwaters £@ be made potable ~
using readily available and economical-
ly reasonable technology.
(2) Where a statutory variance has been
granted as provided in Rule .0113 of
this Subchapter.
ill Where the rn im pacted !§ served ~ .!!
public water system.
!hl Groundwaters occurrin g within ill! rn
defined ID'. .!! com pliance boundary in .!! waste
disposal permit fil deemed to be desi gnated RS.
.@~ The RS designation serves as a warning
that groundwater so designated may not be suitable
for use as a drinking water supply without signifi-
cant treatment. The boundaries of areas designat-
ed RS may be approximated in the absence of
analytical data sufficient to define the e~eet ef
groltBEh¥atef Elegfaeatiee. dimension of the area. at
right angles to the direction of groundwater flow,
into which the contaminants have the potential to
migrate. The designation is temporary and will be
removed by the Director upon a determination that
the quality of the groundwater so designated has
been restored to the level of the applicable stan-
dards or when reclassified.:.GG:-
.. @ The person res ponsible for groundwater
contamination leading to the RS desi gnation shall
establish and im plement ~ groundwater monitorin g
system sufficient to detect changes in groundwater
quality within the desi gnated rn.,_ Monitorin g
shall be continued periodically until the applicable
groundwater quality standards have been achieved.
If during the monitoring period, contaminant
concentrations increase . additional remedial action
may be required, as determined .QY the Director.
@ The Division shall give public notice in
accordance with the followin g requirements of the
intent to desi gnate .!!!!Y groundwater RS except
those defined in Paragraph .(hl of this Rule:
ill Notice shall be published ~ time in .!!
newspaper having general circulation in
the geographic rn of the RS designa-
tion fil least 30 days prior to .!!DY pro-
posed final action. In addition , notice
shall be provided to the local County
Health Director and the chief adminis-
trative officer of the political jurisdic-
tion in which the contamination occurs.
ill The notice shall set forth at least the
followin g:
7:24 NORTH CAROLINA REGISTER
!Al name, address, and phone number of
the agency issuing the public notice;
!ID the location and extent of the desig-
nated area:
.{g .!! brief descri ption of the action Q!
actions which ·resulted in the degrada-
tion of groundwater in _ the area:
ill} actions Q! intended actions taken to
restore groundwater quality:
!fil the si gnificance of the RS desi gnation :
ID conditions applicable to removal of
the -RS desi gnation:
fill address and phone number of the state
agency premises !!! which interested
parties may obtain further informa-
tion .
ill The Director shall consider all requests
for .!! public hearing, and if he deter-
mines that there !§ si gnificant public
interest he shall issue public notice and
hold .!! public hearing in accordance
with G.S 143-215.4(b) and .0113{e) of
this Rule .
Statutory Authority G.S. 143-214. 1; 143-
215.J(a)(l); 143B-282(2).
.0106 CORRECTIVE ACTION
(a) The gea:l ef aetiens taken te fCStefC gfelt&EI
Wfttef E!l¼a:lity shell ee FeSteffttiee te the le¥el ef the
stenaards, ef as elese thefete as is eeenemieeHy
eeEI teehoelegiea:lly feesiele. Where groundwater
quality has been degraded . the goal of .!!!!Y ~
quired corrective action shall be restoration to the
level of the groundwater quality standards speci-
fied in Rule .0202 of this Subchaoter, or as closely
thereto .!!§. !§. economically and technologicall y
feasible.
(b) Any person conducting or controlling an
activity which results in the discharge of a waste
or hazardous substance or oil to the groundwaters
of the State, or in proximity thereto, shall take
immediate action to terminate and control the
discharge, mitigate any hazards resulting from
exposure to the pollutants and notify the Depart
ment Division of the discharge.
(c) Any person conducting or controlling an
activity which results in an increase in the concen-
tration of a substance in excess of the groundwater
standard:
( I) as the result of activities, other than
agricultural operations, not permitted
by the S~tate, shall immediately notify
the Division of the increases ; take
prompt action to eliminate the ~ or
March 15, 1993 2672
PROPOSED RULES
sources of contamination : submit ;!
report to the Director assessmg the
cause, significance and extent of the
violation; and submit a im plement lID.
approved corrective action plan ll8e
sehedule. fer eliminating the souree of
eon~amiBlltion ane for restoration of
groundwater quality~ ana implement llB
llJ!'J!'fOYee plan in accordance with a
schedule established by the Director, Q!
his designee. In establishing a schedule
the Director, Q! his designee shall
consider any reasonable schedule pro-
posed by the person submitting the
plan. A report shall be made to the
Health Director of the county or ™=
ties in which the contamination ~
in accordance with the req uirements of
Rule .0114(a) in this Subchapter.
(2) as a result of activities conducted under
the authority of a permit issued by the
S§.tate, shall, where such concentrations
are detected:
(A) at or beyond a review boundary,
demonstrate, through predictive calcu-
lations or modeling, that natural site
conditions, facility design and opera-
tional controls will prevent a violation
of standards at the compliance bound-
ary; or submit a plan for alteration of
existing site conditions, facility design
or operational controls that will pre-
vent a violation at the compliance
boundary, and implement that plan
upon its approval by the Director, or
his designee.
(B) at or beyond a compliance boundary,
shall assess the cause, significance
and extent of the violation of ground-
water quality standards and submit the
results of the investigation, a plan,
and proposed schedule for greunewa
ter quality restorlltion corrective
action to the Director.,, or his
designee. The permittee shall imple-
ment the plan as approved by and in
accordance with a schedule estab-
lished by the Director,. Q! his
designee. In establishing a schedule
the Director,. or his designee shall
consider any reasonable schedule
proposed by the permittee.
@ Corrective action required followin g discov-
~ of the unauthorized release of~ contaminant to
the surface Q! subsurface of the land. and prior to
Q! concurrent with the assessment required in
Paragraph {£1 of this Rule. shall include, but i§. not
limited to:
ill
.m
Prevention of fire. explosion QI the
spread of noxious fumes;
Abatement . containment Q!: control of
the mi gration of contaminants :
ill Removal . QI treatment and control of
any primary pollution ~ such ~
buried waste, waste stock piles or
surficial accumulations of free products:
@ Removal, treatment or control of ~
ondary pollution sources which would
be l! potential continuing ~ · of
pollutants to the groundwaters such as
contaminated soils and non-aq ueous
phase liquids. Contaminated soils
which threaten the quality of
groundwaters must be treated. con-
tained Q! disposed of in accordance
with applicable rules and procedures
established ID'. the Division. The !n:fil:.
ment or disposal of contaminated soils
shall be conducted in l! manner that will
not result in ~ violation of groundwater
quality standards and North Carolina
Hazardous Waste Management rules.
{ru The site assessment conducted pursuant to
the req uirements of Subparagraph ~ of this
Rule. shall consider QI address:
ill The ~ and cause of contamination ;
ill Any imminent hazards to public health
and safety and actions taken to mitigate
them in accordance with Paragraph @
of this Rule;
ill All groundwater rece ptors and signifi-
cant exposure pathways;
@ The horizontal and vertical extent of
soil and groundwater contamination and
all si gnificant factors affecting contami-
ill
nant trans port: and
Geolo gical and hydro geolo gical features
influencin g the movement. chemical.
and physical character of the contami-
nants.
Reports of site assessments shall be submitted to
the Division .@ soon ~ practicable Q! in accor-
dance with ~ schedule established !2Y the Director,
Q!: his desi gnee. In establishin g ~ schedule the
Director, Q! his designee shall consider fil!Y rea-
sonable proposal QY the person submittin g the
report.
ill Corrective action plans for restoration of
groundwater quality, submitted pursuant to Para-
graph 1£1 of this rule shall include:
2673 7:24 NORTH CAR.OLINA REGISTER March 15, 1993
t.
PROPOSED RULES
ill A descri ption of the proposed ~
tive action and reasons for its selection.
ill Specific plans, including en gi neering
details where applicable, for restorin g
groundwater quality.
ill A schedule for the im plementation and
o peration of the proposed plan.
ffi A monitoring plan for determinin g the
effectiveness of the proposed corrective
action and the movement of the contam-
inant plume.
~ In the evaluation of corrective remeeiel
action plans, the Director.., or his designee shall
consider the extent of any violations, the extent of
any threat to human health or safety, the extent of
damage QI potential adverse impact to the environ-
ment, technology available to accomplish restora-
tion.1 8:ftEl the potential for degradation of the
contaminants in the environment . the time and
. costs estimated to achieve groundwater quality
restoration , 8:ftEl the public and economic benefits
to be derived from groundwater quality restora-
tion-:-and the probable conseq uences of alternate
actions.
® A corrective action plan must be im plement-
ed using the best available technology for restora-
tion of groundwater quality to the level of the
groundwater quality standards specified in Rule
.0202 of this Subcbapter unless:
ill · fill alternate cleanup level bas been
established ~ the Director pursuant to
Paragraph ill of this Rule, QI...
ill natural remediation has been approved
~ the Director in accordance with the
provisions of Paragraph 00 of this
Rule.
ill An alternate cleanup level to .!! standard
established in Rule .0202 of this Subchapter ™
be approved ~ the Director jf sufficient informa-
tion .!§ presented to support ! determination ~ the
Director that:
ill an alternate cleanup level will be pro-
tective of human health and the envi-
ronment based Q!! evidence that the
contaminant will not adversel y impact
any existing Q! foreseeable receptor,
either due to site specific conditions QI
fil! approved remedial action involving
engi neerin g control of the contaminant;
such evidence could include, but i§ not
limited to:
7:24
.{Al travel time and natural attenuation
capacity of subsurface materials ~
such that the standards specified in
Rule .0202 of this Subchapter .!!! .!
NORTH CAROLINA REGISTER
location no closer than .Q!le year time
of travel upgradient of fill existing or
foreseeable receptor~ protected.
{ID ! physical barrier to groundwater
mi gration exists or will be installed~
the res ponsible pru:ty sufficient !Q
result in preservation of the ground-
water standard specified in Rule .0202
of this Subchapter at ! location ill!
closer than one year time of travel
upgradient of an existing ru: foresee-
able receptor ; QI...
.a} new toxicolo gical information has be-
come available which the Division of
Epidemiology determines would justify
cleanup to ! standard different from
those specified in Rule .0202 of this
Subchapter.
ill A request for fil! alternate cleanup level shall
be submitted to the Director and shall include:
ill _!! descri ption of site specific conditions :
ill the technical basis for the request;
ill ! discussion of and rationale for the
request;
@ sufficient evidence to support a determi-
nation ~ the Director that an alternate
cleanup level would be consistent with
all other environmental laws:
ill fil!Y other information req uested ~ the
Director to thoroughly evaluate the
request; and
!fil evidence that public notice of the ~
guest has been provided in accordance
with Rule .0114(b) of this Subchapter.
00 The Director may be req uested to approve .!
corrective action plan dependent !!I!Q.9 natural
processes of degradation and attenuation of £Q!!:
taminants. Evidence and other information submit-
ted in support of the request shall include:
ill sufficient evidence to support.! determi-
nation ~ the Director that:
!A} all sources of contamination and free
product have been removed or con-
trolled pursuant to Paragraph @ of
this Rule; and
!.ID The contaminants present exist in
concentrations that do not currently
and are not calculated to migrate to
fil!Y existing Q! foreseeable receptor
above applicable standards :
ill evidence of the contaminant's degrada-
tion and attenuation capacity:
ill identification and discussion of site-
specific characteristics indicating that
conditions ~ adequate to support
March 15, 1993 2674 ,
PROPOSED RULES
contaminant de gradation or attenuation ;
! groundwater monitorin g program
sufficient to track the degradation and
attenuation of contaminants within and
down gradient of the plume and to
detect contaminants prior to their reach-
ing illll'.'. existing QI foreseeable receptor
fil least one year's time of travel
upgradient of the receptor and no great-
g than the distance the groundwater at
the contaminated site could travel in
five years.
ill written documentation of projected
groundwater ~ in the contaminated
area based on current state or local
government planning efforts;
.{fil copies of written notice, to all property
owners and all occu pants within Q!
conti guous to the ~ underlain ~ the
pollution plume, and under which i! .lli
ex pected to migrate, stating that fact;
ffi evidence that all necessary access
a greements needed to monitor ground-
water quality pursuant to @ above
have been Q! ~ be obtained : and
.{fil evidence that public notice of the re-
quest has been provided in accordance
with Rule .0114(b) of this Subchapter.
1f at any time the Director determines that !
contaminant . being monitored under ~ natural
remediation program, has the po tential to migrate
to any existing or foreseeable receptor above
applicable groundwater standards . Q! if contami-
nant concentrations ~ not decreasin g, the respon-
sible ~ shall im plement fil! active groundwater
corrective action plan in accordance with ! sched-
ule established !!Y the Director .
ill The Director may consider ~ request to allow
the termination of corrective action . The request
must include:
ill A demonstration ~ the ~ making
the request that continuance of correc-
tive action would not result in ~ signifi-
cant reduction in the concentration of
contaminants. At~ minimum this dem-
onstration must include ~ showing that
the asymptotic slope of the contami-
nants curve of decontamination .lli less
than a ratio of l :40 over a term of one
year based Q_n quarterly sampling .
ill A discussion of the duration of the
corrective action, the total project's
cost, projected annual cost for continu-
ance and evaluation of the success of
the corrective action.
ill An evaluation of alternate treatment
technolo gies which could result in
further reduction of contaminant levels
with projected capital and annual cost .
@ Effects, including health and safety
impacts, on groundwater~ if £Qil:
taminant levels remain at levels existing
fil the time corrective action .lli terminat-
ed.
ill Evidence that public notice of the ~
quest has been provided in accordance
with Rule .0114(b) of this Subchapter.
fe,The Director may authorize tile diseootinuaftee
of Fetnedia:l aetioe to restofe gFOl:iftdY,•ateF quality
to the le•1el of tile sffifldttfd upon a demoastfatioe
by the respoRsible pafty to the Diteetor that eoB:
tiH1:1anee would B:ot result in sigHifieaB:t teduetioft
ift tile eoneefttFatioB: of eoetamiHaHts. In the
eonsidefation of a request to diseonttf!.1:te Fetnedia:l
aetioB:s, the Direetof shall eoasidef the duFation
and degf'ee of s1:1eeess of fetnedial efferts, the
feasibility of ethef' tfeatftl:ent teehBiq1:1es whieh
eould res1:11t in f\trtheP FCd1:1etioft of eofttftffliBant
levels, and the effeet Oft gro1:1Bd\·1Stef ttsefs if
eontttfflinaHts refflaift at le·1els eK.istiBg at tac time
of tePminatioB of remedial aetioB. the termination
of the corrective action, or amend the corrective
action plan after considerin g all the information in
the request. Upon termination of corrective action,
~ groundwater monitorin g program shall be ~
quired sufficient to track the degradation and
attenuation of contaminants at ~ location of at least
Q!le year's time of travel upgradient of illll'.'. existing
.Q!'. foreseeable rece ptor. The monitorin g program
shall remain in effect until there .lli sufficient
evidence that the contaminant concentrations have
been reduced to the level of the standards.
.(m}fB Upon a determination by the Director that
continued remedial corrective aetieft5 action would
result in no significant reduction in contaminant
concentrations, the responsible party shall petitioH
fsf a variaftee Of a Feelassifieation of the impaeted
gto1:tftd•.·,•atefs. and the im pacted groundwaters ~
be made potable !!y treatment using readily avail-
able and economicall y reasonable technolo gy. the
Director may desi gnate the remainin g area of
de graded groundwater RS. Where the remainin 2:
de graded groundwaters cannot be made potable QY
such treatment . the Director may consider !
request for reclassification .
.(n) 1f !! any time the Director determines that
~ technology
.lli available that would remediate the contaminated
groundwater to the standards s pecified in Rule
.0202, the Director may require the res ponsible
2675 7:24 NORTH CAROLINA REGISTER March 15, 1993
PROPOSED RULES
~ to im plement fill active groundwater~
tive action plan in accordance with ~ schedule
established QY the Director.
_(Q}~ Where groundwater quality standards are
exceeded as a result of the application of pesticides
or other agricultural chemicals, the Director shall
request the Pesticide Board or the Department of
Agriculture to assist the Division of Environmental
Management in determining the cause of the
violation. If the violation is determined to have
resulted from the use of pesticides, the Director
shall request the Pesticide Board to take appropri-
ate regulatory action to control the use of the
chemical or chemicals responsible for, or contrib-
uting to, such violations, or to discontinue their
use.
Statutory Authority G.S. 143-215.2; 143-
215.3(a)(J); 143B-282.
.0107 COMPLIANCE BOUNDARY
(a) For disposal systems individuall y permitted
prior to December 30, 1983, the compliance
boundary is established at a horizontal distance of
500 feet from the waste boundary or at the proper-
ty boundary, whichever is closer to the source.
(b) For disposal systems individuall y permitted
on or after December 30, 1983, a compliance
.boundary shall be established 250 feet from the
waste boundary, or 50 feet within the property
boundary, whichever point is closer to the source.
(c) The boundary shall be established by the
Director.,_ Q! his designee at the time of permit
issuance. Any sale or transfer of property which
affects a compliance boundary shall be reported
immediately to the Director.,_ Q! his designee. For
disposal systems which are not governed by
Paragraphs (e) or {t) of this Rule, the compliance
boundary affected by the sale or transfer of prop-
erty will be re-established consistent with Para-
graphs (a) or (b) of this Rule, whichever is appli-
cable.
( d) Except as provided in Paragraph .(g} of this
Rule.For aisposttl systems permitteEI or repet'tB:itteEI
after Je:tntftl)' I, 1993, no water supply wells shall
be constructed or operated within the compliance
boundary-: of~ disposal system individuall v permit-
ted or repermitted after January .L 1993.
(e) Except as provided in Paragraph .(gl of this
Rule, For ~isposttl sys~ms permitted er
repermiUea 8:'fter JB:ftttft:f')' I, 1993, a permittee
sha11 not transfer land within an established com-
pliance boundary of~ disposal system permitted or
re permitted after January .L 1993 unless:
(l) the land transferred is serviced by a
7:24 NORTH CAROLINA REGISTER
community water system as defined in
15A NCAC 18C, the source of which is
located outside the compliance bound-
ary; and
(2) the deed transferring the property:
(A) contains notice of the permit, includ-
ing the permit number, a description
of the type of permit, and the name,
address and telephone number of the
permitting agency; and
(B) contains a restrictive covenant running
with the land and fo favor of the
pennittee and the State, as a third
party beneficiary, which prohibits the
construction and operation of water
supply wells within the compliance
boundary; and
(C) contains a restrictive covenant running
with the land and in favor of the
permittee and the State, as a third
party beneficiary, which grants the
right to the permittee and the State to
enter on such property within the
compliance boundary for groundwater
monitoring and remediation purposes.
{t) If at the time a permit is issued or reissued
after January 1, 1993, the permittee is not owner
of the land within the compliance boundary, it
shall be a condition of the permit issued or re-
newed that the landowner of the land within the
compliance boundary, if other than the pennittee,
and except ~ provided in Paragraph .uu of this
Rule, execute and file in the Register of Deeds in
the county in which the land is · 1ocated, an ease-
ment running with the land which:
(1) contains:
· (A) either a notice of the permit, includ-
ing the permit number, a description
of the type of permit, and the name,
address and telephone number of the
permitting agency; or
(B) a reference to a notice of the permit
with book and page number of its
recordation if such notice is required
to be filed by statute;
(2) prohibits the construction and operation
of water supply wells within the com-
pliance boundary; and
(3) reserves the right to the permittee and
the State to enter on such property
within the compliance boundary for
groundwater monitoring and
remediation purposes. The easement
may be terminated ID'. the Director
when its purpose has been fulfilled or
March 15, 1993 2676
PROPOSED RULES
the need for the easement no longer
exists. Under those conditions the
Director. fil the request of the landown-
~ may file with the appropriate Regis-
ter of Deeds, ~ document terminating
the easement.
.(g)_ The requirements of Paragraphs .(g).. .Ull and
.ill of this Rule ~ not applicable to ground ad-
sorption treatment systems serving four QI fewer
single family dwellings or multiunit dwellings of
four or fewer units.
.(hlfgj The boundary shall form a vertical plane
extending from the water table to the maximum
depth of saturation.
.filW For ground absorption sewage treatment
and disposal systems which are permitted under
15A NCAC 18A .1900, the compliance boundary
shall be established at the property boundary.
~ Penalties authorized pursuant to G.S. 143-
215.6A(a)(l) will not be assessed for violations of
wetet: groundwater quality standards within a
compliance boundary unless the violations are the
result of violations of permit conditions or negli-
gence in the management of the facility.
!k.H:H The Director shall require:
(1) that permits for all activities governed
by G.S. 143-215. l be written to protect
the quality of groundwater established
by applicable standards, at the compli-
ance boundary;
(2) that necessary groundwater quality
monitoring shall be conducted within
the compliance boundary; and
(3) that a violation of standards within the
compliance boundary resulting from
activities conducted by the permitted
facility be remedied through clean-up,
recovery, containment, or other re-
sponse when any of the following con-
ditions occur:
(A) a violation of any standard in adjoin-
ing classified Wftteffl groundwaters
occurs ot can be reasonably predicted
to occur considering hydrogeologic
conditions, modeling, or other avail-
able evidence;
(B) an imminent hazard or threat to the
public health or safety exists; or
(C) a violation of any standard in ground-
water occurring in the bedrock other
than limestones found in the Coastal
Plain sediments-;-.,_ unless .i! £00 be
demonstrated that the violation will
not adverselv impact, QI have the
potential to adverselv impact £! water
fil!lmly well .
Statutory Authority G. S. 143-215.1 (b ); l 43-
215. 3(a)(l ); 143B-282.
.0109 DELEGATION
(a) The Director is delegated the authority to
enter into consent special orders under G.S. 143-
215.2 for violations of the water groundwater
quality standards except when a public meeting is
required as provided in 15A NCAC 2H .1203.
(b) The Director is delegated the authority to
prepare a proposed special order to be issued by
the Commission without the consent of the person
affected and to notify the affected person of that
proposed order and of the procedure set out in
G.S. 150B-23 to contest the proposed special
order.
(c) The Director.,_ or his designee shall give
public notice of proposed consent special orders as
specified in 15A NCAC 2H .1203.
Statutory Authority G.S. 143-215.2; 143-
215. 3(a)(l); 143-215. 3(a)(4).
.0110 MONITORING
(a) Aoy peroeB suejeet te the pre·risieftS ef G.8.
143 215.l Except where exempted !!y statute Q!
this Subchapter. fil!Y person who causes, permits
or has control over any discharge of waste, or
groundwater cleanup program, shall install and
implement a monitoring system, at such locations,
and in such detail, as the Director._ or his designee
may require to evaluate the effects of the discharge
upon the waters of the state, including the effect of
any actions taken to restore groundwater quality,
as well as the efficiency of any treatment facility.
The monitoring plan shall be prepared under the
responsible charge of ~ Professional Engineer or
Licensed Geologist and bear the seal of the ~
(b) Monitoring systems shall be epeFe.teEl £2!!:
structed in a manner that will not result in the
contamination of adjacent groundwaters of a higher
quality.
(c) Monitoring shall be conducted and results
reported in a manner and at a frequency specified
by the Director.,_ or his designee.
Statutory Authority G. S. 143-215. I (b ); j 43-
215. 3(a)(J ); 143-215. 65; 143-215. 66; 143B-282.
.Olli REPORTS
.{fil Any person subject ~e th:e previsieos ef G.8.
143 215. l ena to the requirements for corrective
action specified in Rule .0106 of this Subchapter
2677 7:24 NORTH CAROLINA REGISTER March 15, 1993
. __ .,_
PROPOSED RULES
shall submit to the Director, in such detail as the
Director may require, a written report that de-
scribes:
(1) the results of the investigation specified
in Paragraphs (c)(l) and (c)(2)(B) of
Rule .0106, including but not limited
to:
.!A) W a description of the sampling
procedures followed and methods of
chemical analyses used; and
all fe,. all technical data utilized in sup-
port of any conclusions drawn or
determinations made ..
(2) the results of the predictive calculations
or modeling, including a copy of the
calculations or model · runs and all
supporting technical data, used in the
demonstration required in Paragraph
(c)(2)(A) of Rule .0106; and
(3) the proposed methodology and timeta-
ble associated with the Festefftl:iea ef
g1'61toEl1w'Mer Etmllity corrective action
for those situations identified in Para-
graphs (c)(l) and (c)(2)(B) of Rule
.0106.
_(hl The report shall be prepared under the
res ponsible charge of ~ Professional Engineer Q!
Licensed Geolo gist and bear the seal of the ~
as s pecified in Rule .0106(c)(2)(B).
Statutory Authority G. S. 143-215. l (b ); l 43-
215. 3(a)(l); 143-215.65; 143B-282.
.0112 ANALYTICAL PROCEDURES
Tests or analytical procedures to determine
compliance or noncompliance with the watet'
groundwater quality standards established in Rule
.0202 of this Subchapter will be in accordance
with:
(1) The following methods or procedures for
substances where the selected method or
procedure provides a method detection
limit value at or less than the standard:
(a) Standard methods for the Examination
of Water and Wastewater, ~ 17th
Edition, ~ 1989, includin g any
subs eq uent amendments and editions
published jointly by American Public ·
Health Association, American Water
Works Association and Water Pollution
Control Federation;
(b) Methods for Chemical Analysis of
Water and Waste, 1979, U .S. Environ-
mental Protection Agency publication
number EPA-600/4-79-020, as revised
7:24 NORTH CAROLINA REGISTER
March 1983;
(c) Test Methods for Evaluating Solid
Wastes: Physical/Chemical Methods,
3rd Edition, 1986, U.S. Environmental
Protection Agency publication number
SW-846;
(d) Test Procedures for the Analysis of
Pollutants Under the Cl~ Water Act,
Federal Register Vol. 49, No. 209, 40
CFR Part 136, October 26, 1984;
(e) Methods or procedures approved by
letter from the Director upon applica-
tion by the regulated source.
(2) A method or procedure approved by the
Director for substances where the stan-
dard is less than the limit ef aeteetaeility
practical guantitation level.
Statutory Authority G.S. 143-215.3(a)(l); 143B-
282.
.0113 VARIAN CE
(a) The Commission, on its own initiative or
pursuant to a request under G.S. 143-215.3(e),
may grant variances to WMet' E11:tality staoa&fas 9:fle
the eempliaoee ee1:tB:Elary. the rules of this Sub-
chapter. PerseRs sttajeet te the pre 11isieRs ef G.S.
130A 294 may apply fop a ·,•arieaee ttoEler t:his
Seetiea.
(b) Requests for variances are filed by letter
from the applicant to the Environmental Manage-
ment Commission. The application should be
mailed to the chairman of the Commission in care
of the Director, Division of Environmental Man-
agement, Post Office Box ~ 29535 rutl.eigh,
N.C. ~ 27626-0535.
(c) The application should contain the following
information:
(1) Applications filed by counties or munic-
ipalities must include a resolution of the
County Board of Commissioners or the
governing board of the municipality
requesting the variance from watet'
groundwater quality standards which
apply to the area for which the variance
is requested.
(2) A description of the past, existing or
proposed activities or operations that
have or would result in a discharge of
contaminants to the groundwaters.
(3) Description of the proposed area for
which a variance is requested. A de-
tailed location map, showing the orien-
tation of the facility, potential for
groundwater contaminant mi.gration, as
March 15, 1993 2678
PROPOSED RULES
(4)
well as the area covered by the variance
request, with reference to at least two
geographic references (numbered roads,
named streams/rivers, etc.) must be
included.
Supporting information to establish that
the variance will not endanger the
public health and safety, including
health and environmental effects from
exposure to the groundwater contami-
nants. (Location of wells and other
water supply sources including details
of well construction within 1/2 mile of
site must be shown on a map).
(5) Supporting information to establish that
standards cannot be achieved by provid-
ing the best available technology eco-
nomically reasonable. This information
must identify specific technology con-
sidered, changes in quality of the con-
taminant plume as demonstrated
through predictive calculations ep,-
f't'O'reti by the DiFeeter, and technologi-
cal constraints which limit groundwater
quality restoration to the level of the
standard.
(6) Supporting information to establish that
compliance ,, would produce serious
hardship on the applicant.
(7) Supporting information that compliance
would produce serious hardship without
equal or greater public benefit.
(8) A copy of any Special Order that was
issued in connection with the contami-
nants in the proposed area and support-
ing information that applicant has com-
plied with the Special Order.
(9) A list of the names and addresses of
any property owners within the pro-
posed area of the variance as well as
any property owners adjacent to the site
covered by the variance.
(d) Upon receipt of the application, the Director
will review it for completeness and request addi-
tional information if necessary. When the applica-
tion is complete, the Director shall give public
notice of the application and schedule the matter
for a public hearing in accordance with G.S. 143-
215.4(b) and the procedures set out belew in
Paragraph ~ of this Rule.
(e) Notice of Public Hearing:
(1) Notice of public hearing on any vari-
ance application shall be circulated in
the geographical areas of the proposed
variance by the Director at least 30
days prior to the date of the bearing:
(A) by publishing the notice one time in a
newspaper having general circulation
in said county;
(B) by mailing to the North Carolina
Department of Hlimllft Environment ,
Health. and Natural Resources, Divi-
sion of Health Serviees, Environmen-
tal Health and appropriate local health
agency;
(C) by mailing to any other federal, state
or local agency upon request;
(D) by mailing to the local governmental
unit or units having jurisdiction over
the geographic area covered by the
variance;
(E) by mailing to any property owner
within the proposed area of the vari-
ance, as well as any property owners
adjacent to the site covered by the
variance; and
(F) by mailing to any person or group
upon request.
(2) The contents of public notice of any
hearing shall include at least the follow-
ing:
(A) name, address, and phone number of
agency holding the public bearing;
(B) name and address of each applicant
whose application will be considered
at the meeting;
(C) brief summary of the proposed stan-
dard variance or modification of the
perimeter of compliance being re-
quested;
(D) geographic description of a proposed
area for which a variance is request-
ed;
(E) brief description of the activities or
operations which have or will result
in the discharge of contaminants to
the groundwaters described in the
variance application;
(F) a brief reference to the public notice
issued for each variance application;
(G) information regarding the time and
location for the bearing;
(H) the purpose of the hearing;
(I) address and phone number of premis-
es at which interested persons may
obtain further information, request a
copy of each application, and inspect
and copy forms and related docu-
ments; and
(J) a brief description of the nature of the
2679 7:24 NORTH CAROLINA REGISTER March 15, 1993
PROPOSED RULES
hearing including the rules and proce-
dures to be followed. The notice shall
also state that additional information
is on file whb the Director and may
be inspected at any time during nor-
mal working hours. Copies of the
information on file will be made
available upon request and payment of
cost or reproduction.
(t) All comments received within 30 days
following the date of the public hearing shall be
made part of the application file and shall be
considered by the Commission prior to taking final
action on the application.
(g) In determining whether to grant a variance,
the Commission shall consider whether the appli-
cant bas complied with any Special Order, or
Special Order by Consent issued under G.S. 143-
215.2.
(h) If the Commission's final decision is unac-
ceptable, the applicant may file a petition for a
contested case in accordance with Chapter 150B of
the General Statutes. If the petition is not filed
within 60 days, the decision on the variance shall
be final and binding. ·
(i) A variance shall not operate on a defense to
an action at law based upon a public or private
nuisance theory or any other cause of action.
Sta.tutory Authority G.S. 143-215.3(a)(JJ,· 143-
215.3(a)(3); 143-215.3(a)(4); 143-215.3(e); 143-
215.4.
.0114 NOTIFICATION REQUIRE1\1ENTS
{ru Any person subject to the req uirements of
Rule .0106(c)(l) of this Subcha pter shall submit to
the Health Director of the county or counties , and
the chief administrative officer of the political
jurisdiction in which the groundwater contamina-
tion has occurred , !! report that describes:
ill . The area ex.tent of the contaminant
plume:
ill The chemical constituents in the
groundwater which exceed the stan-
dards described in Rule .0202 of this
Subcbapter:
ill Actions taken and intended to mitigate
threats to human health:
ill The location of any wells installed for
the purpose of monitoring the contami-
nant plume and the frequency of film!:
mm.g,_
The report described in this Rule shall be submit-
ted no later than five days after submittal of the
com pleted report assessin g the cause, si gnificance
7:24 NORTH CAROLINA REGISTER
and extent of the violation as required ~ Rule
.0106(c).
flll Any person requesting from the Director an
alternate cleanup level. approval of !! natural
remediation program Q! permission to terminate
active groundwater remediation shall notify the
Health Director of the county or counties , and the
chief administrative officer of the political jurisdic-
tion in which the contaminant plume occurs, and
all property owners and all occupants within or
conti guous to the area underlain ~ the pollution
plume, and under which .i! ~ ex pected to migrate,
of the nature of the request and reasons supporting
it. Notification shall be made .!ll'. certified mail
concurrent with the submittal of the request to the
Director. A final decision .!ll'. the Director may not
be made within 30 days of receipt of the request.
!£1 Any person authorized ~ the Director to
cleanup to an alternate cleanup level, rely on !!
natural remediation program Q! to terminate active
groundwater remediation shall notify parties
specified in Paragraph flll of this Rule of the
Director's decision. Notification shall be made~
certified mail within 30 days of receipt of the
Director's decision.
Statutory Authority G.S. 143-214.J; 143-
215.3(a)(l); 143B-282(2Jb.
SECTION .0200 -CLASSIFICATIONS AND
WATER QUALITY STANDARDS
.0201 GROUNDWATER CLASSIFICATIONS
The classifications which may be assigned to the
groundwaters will be those specified in the follow-
ing series of classifications:
(1) Class GA Wfttef9 groundwaters; usage
and occurrence:
(a) Best Usage. · Existing or potential
source of drinking water supply for
humans.
(b) Conditions Related to Best Usage. This
class is intended for those groundwaters
in which chloride concentrations are
equal to or less than 250 mg/I, and
which are considered suitable for drink-
ing in their natural state, but which may
require treatment to improve quality
related to natural conditions.
(c) Occurrence. In the saturated zone.
(2) Class GSA Wfttef9 groundwaters; usage
and occurrence:
(a) Best Usage. Existing or potential
source of water supply for potable
mineral water and conversion to fresh
March 15, 1993 2680
PROPOSED RULES
(b)
(c)
(3)
(a)
(b)
waters.
Conditions Related to Best Usage. This
class is intended for those groundwaters
in. which the chloride concentrations
due to natural conditions is in excess of
250 mg/1, but which otherwise may be
considered suitable for use as potable
water after treatment to reduce concen-
trations of naturally occurring substanc-
es.
Occurrence. In the saturated zone.
Class GC wetef& groundwaters: usage
and occurrence:
Best Usage. The best usage of GC
groundwaters ~ as ! Settt'ee source of
water supply for purposes other than
drinkin~ including other domestic Yfil:§
fil'. humans.
Conditions Related to Best Usage. This
class includes those groundwaters that
do not meet the quality criteria ef-wa...
tef9 Jia.,.ing a. higlier elMsifieMien for
GA or GSA groundwaters ef ·uatef!I
JiaYing a liigher e!MsifieMien and for
which efforts to Pestere in sibi te a
higher elassifieMien improve groundwa-
ter quality would not be technologically
feasible, or not in the best interest of
the public. Continued consum ption of
waters of this class fil'. humans could
result in adverse health affects.
(c) Occurrence . Groundwaters of this class
may be defined ls the sftftl:ffltea z!ene,
as aet:erfflinea by the Commission on a
case by case basis.
Statutory Authority G.S. 143-214. l;" 143B-282{2).
.0202 GROUNDWATER QUALITY
STANDARDS
(a) The wttt:et-groundwater quality standards for
the protection of the groundwaters of the state are
those specified in this Rule. They are the maxi-
mum allowable concentrations resulting from any
discharge of contaminants to the land or waters of
the state, which may be tolerated without creating
a threat to human health or which would otherwise
render the groundwater unsuitable for its intended
best usage. Where gre1:taa 1,1.«Mer Eil:talit:y satedards
ha ... e 880ft C'!Eeeeaea 81:tC te fflQtl'S aetiYities, r-este
reties effort:s -shall ee aesigeea t:e restere gre1:tnd
wat:er til:tality te the leYel ef the satedard er as
elesely theret:e as is praetieaele.
(b) The ffl&Kiffl1:tffl allewaele eeeeeatffltiees
groundwater quality standards for contaminants
specified in Paragraphs (g) and (h) of this Rule
shall be as listed, except that:
(I) Where the ffl&Jtiffl1:tffi allewaele eeeeen
tffltiee ef standard for a substance is
less than the limit ef aet:eeateility prac-
tical guantitation limit, the s1:tesffi8ee
shall net ee peFffliUea in aeteetaele
eeneefttffltiens. detection of that sub-
stance fil or above the practical
g uantitation limit shall constitute !
violation of the standard.
(2) Where two or more substances exist in
combination, the Director shall consider
the effects of chemical interactions ~
determined fil'. the Division of E pidemi-
Q!Qgy and may establish maximum
concentrations at values less than those
established in accordance with Para-
graphs (c) and (g) of this Rule. In the
absence of information to the contrary,
the carcinogenic risks associated with
carcinogens present shall be considered
additive and the toxic effects associated
with non-carcinogens present shall also
be considered additive.
(3) Where naturally occurring substances
exceed the established standard, the
standard will be the naturally occurring
concentration as determined by the
Director.
(c) Except for tracers used in concentrations
which have been determined ~ the Division of
Epidemiology to be protective of human health,
and the use of which has been permitted ~ the
Divjsion , 81:tesffttlees substances which are not
naturally occurring and for which no standard is
specified shall not be permitted in detectable
concentrations in Class GA or Class GSA
groundwaters. Any person may petition the
Director to establish an interim maximum allow-
able concentration for an unspecified substance,
however, the burden of demonstrating those
concentrations of the substance which correspond
to the levels described in Paragraph (d) of this
Rule rests with the petitioner. The petitioner shall
submit all toxicological and epidemiological data,
study results, and calculations necessary to estab-
lish a standard in accordance with the procedure
prescribed in Paragraph (d) of this Rule. Within
three months after the establishment of an interim
maximum allowable concentration for a substance
by the Director, the Director shall initiate action to
consider adoption of a standard for that substance.
(d) Ma'lfiffl1:tffi allewaele eeeeefltfatieas Ground-
water quality standards for substances in Class GA
2681 7:24 NORTH CAROLINA REGISTER March 15, 1993
PROPOSED RULES
and Class GSA "Nfttefs-groundwaters are estab-
lished as the lesser of:
(1) Systemic threshold concentration calcu-
lated as follows: [Reference Dose
(mg/kg/day) x 70 kg (adult body
weight) x Relative Source Contribution
(.10 for inorganics; .20 for organics)] /
[2 liters/day (avg. water consumption)];
(2) Concentration which corresponds to an
incremental lifetime cancer risk of
lxl0·6;
(3) Taste threshold limit value;
(4) Odor threshold limit value;
(5) Maximum contaminant level; or
(6) National secondary drinking water
standard ..
(e) The following references, in order of prefer-
ence, shall be used in establishing concentrations
of substances which correspond to levels described
in Paragraph (d) of this Rule.
(1) Integrated Risk Information System
(U.S. EPA).
(2) Health Advisories (U.S. EPA Office of
Drinking Water).
(3) _ Other health risk assessment data pub-
lished by U.S. EPA.
(4) Other appropriate, published health risk
assessment data.
(f) Wfttef Groundwater quality standards speci-
fied in Paragraphs (g) and (h) of this Rule and
interim maximum allowable concentrations estab-
lished pursuant to Paragraph ( c) of this Rule shall
be reviewed on a biennial basis. Appropriate
modifications to established standards will be made
in accordance with the procedure prescribed in
Paragraph (d) of this Rule where modifications are
considered appropriate based on data published
subsequent to the previous review.
(g) Class GA Standards. Where not otherwise
indicated, the standard refers to the total concen-
tration in milligrams per liter of any constituent in
!! dissolved , colloidal or particulate form which i§.
mobile in groundwater. This does not rumly to
sediment or other particulate matter which i§.
preserved in !! groundwater sample as !!: result of
well construction .Q! sampling procedures.
ill acetone: 0.7
(2) fB acrylamide (propenamide): 0.00001
(3) ~ arsenic: 0.05
.(£ ~ barium: +-:8 2.0
ill ~ benzene: 0.001
® ~ bromoform (tribromomethane):
0.00019
!1l ~ cadmium: 0.005
.(fil ft, carbofuran: 0.036
7:24 NORTH CAROUNA REGISTER
.(2)_ ~ carbon tetrachloride: 0.0003
ilQ) (9) chlordane: 2.7 x 10-s
!l!) ~ chloride: 250.0
@ fH-1 chlorobenzene: ~ 0.05
@ ~ chloroform (trichloromethane):
0.00019
a£ f81 2-chlorophenol: 0.0001
@ ~ chromium: 0.05
!1fil ~ cis-1,2-dichloroethene: 0.07
il1} fM1 coliform organisms (total): 1 per
-100 milliliters
ilfil ~ color: 15 color units
.(12} ~ copper: 1.0
(20) ~ cyanide: 0.154
ill} ~ 2, 4-D (2,4-dichlorophenoxy acetic
acid): 0.07
(22) ~ 1,2-dibromo-3-chloropropane: 2.5
X 10"5)
(23) ~ dichlorodifluoromethane (Freon-
12; Halon): 0.00019 1.4
(24) Ll dichloroethane: 0. 7
(25) ~ 1,2-dichloroethane (ethylene
dichloride): 0.00038
(26) ~ 1, 1-dichloroethylene (vinylidene
chloride): 0.007
(27) ~ 1,2-dichloropropane: 0.00056
(28) di-n-buty l fQ!: dibutyl) phthalate (DBP}:
0.7
(29) diethylphthalate <DEP): 5.0
(30) di (2-ethylhexyl) phthalate {DEHP):
0.003
Ql) ~ p-dioxane (1,4-diethylene dioxide):
0.007
(32) ~ dioxin: 2.2 x 10·10
(33) ~ dissolved solids (total): 500
(34) ~ endrin: ~ 0.002 -
(35) ~ epichlorohydrin (l-chloro~2,3-
epoxypropane): 0.00354
(36) f3-B ethylbenzene: 0.029
(37) ~ ethylene dibromide (EDB; 1,2-
dibromoethane): 0.05 x 10-5 4.0 ~ 10-7
(38) ~ ethylene glycol: 7.0
(39) ~ fluoride tlmuiae: 2.0
(40) ~ foaming agents: 0.5
ffi). ~ gross alpha (adjusted)particle
activity (inelHEling fftEiiHm 226 eHt
-excluding t'tlElen radium-226 and urani-
um): 15 pCi/l
(42) ~ heptachlor: 7.6 x 10-s .!i:.Q ~ 10·6
(43) ~ heptachlor epoxide: 3.8 x 10-s 4.0
~ 10-6
(44) heptane: 2.:.1
(45) ~ h e x a ch I o r o b en z en e
(perchlorobenzene): 0.00002
(46) ~ n-hexane: ~ 0.42
March 15, 1993 2682
PROPOSED RULES
(47) f4B iron: 0.3
(48) (,G, lead: ~ 0.015
(49) (43, lindane: 2.6§' X lre 2.0 ,! 10-4
(50) (44, manganese: 0.05
® ~ mercury: 0.0011
(52) f4e) metadichlorobenzene (1,3-dichloro-
benzene): 0.62
~ ~ methoxychlor: 8-:-1-0.035
(54) ~ m et h y le n e c h 1 o r i de
(dichloromethane): 0.005
(55) ~ methyl ethyl ketone (MEI(; 2-
butanone): 0.17
(56) ~ methyl tert-butyl ether {MTBE):
0.2
(57) ~ nickel: G-:-1-§' Q.l
(58) ~ nitrate: (as N) 10.0
(59) ~ nitrite: (as N) 1.0
(60) f§:4, orthodichlorobenzene (1,2-dichlo-
robenzene): 0.62
!fil) ~ oxamyl: 0.175
(62) ~ paradichlorobenzene (1,4-dichloro-
benzene): ~ 0.075
(63) ~ pentachlorophenol: ~ 0.0003
(64) f§'8, pH: 6.5 -8.5
(65) ~ radium-226 and radium-228 (com-
bined): 5 pCi/1
(66) ~ selenium: ~ 0.05
{fil) ~ silver: ~ 0.018
(68) ~ styrene (ethenylbenzene): 1. 4 K lo!
QJ
(69) ~ sulfate: 250.0
(70) f-6-4-1 t e t r a c h 1 o r o e t h y l e n e
(perchloroethylene; PCE): 0.0007
.<1ll ~ toluene (methylbenzene): 1.0
(72) ~ toxaphene: 3. 1 x 10·5
{73) (e+, 2, 4, 5,-TP (Silvex): 9-:G-l-0.05
(74) ~ trans-1,2-dichloroethene: 0.07
(75) ~ I, I, I-trichloroethane (methyl
chloroform): 0.2
{76) f79, trichloroethylene (TCE): 0.0028
fJJJ. trichlorofluoromethane: U
(78) f+B vinyl chloride (chloroethylene): 1.5
X 10"5
(79) (,+21 xylenes (o-, m-, and p-): 9-:-4 0.53
(80) ~ zinc: ➔.Q U
(h) Class GSA Standards. The standards for this
class shall be the same as those for Class GA
except as follows:
( 1) chloride: allowable increase not to
exceed 100 percent of the natural quali-
ty concentration.
(2) total dissolved solids: 1000 mg/I.
(i) Class GC Waters.
(1) The concentrations of substances which,
at the time of classification exceed
wMer tttttMity stttttEleres, the standards
applicable to Class GA or GSA
groundwaters shall not be permiiieEI
caused to increase.., !!Q! shall the ~
centrations of other substances be
caused to exceed the GA or GSA stan-
dards as ! result of further disposal of
contaminants to or beneath the surface
of the land within the boundazy of the
™ classified GC. Fer Ml ether sub
siflftees, eeeeeetrMiens shtMI net be
eeuseEI er permitteEI te exeeeEI the esteb
lislteEI siflfteere.
(2) The concentrations of substances which,
at the time of classification, exceed
WMer tttttMity siflfteerEls shtMI net eeuse
er eontl'ibule te the eontreYeetioe of the
standards applicable to GA or GSA
groundwaters shall not be caused to
migrate as ! result of activities within
the boundary of the GC classification,
§Q ~ to violate the groundwater or
surface water quality standards in ad-
joining waters of a different class.
(3) Concentrations of specific substances,
which exceed the established standard
at the time of classification, shall be
listed in Section .0300 of this Subchap-
ter.
Statutory Authority G. S. 143-214. J ,· 143B-282(2).
******************
Nonce is hereby given in accordance with G. S.
150B-21. 2 that the N. C. Marine Fisheries Commis-
sion intends to adopt rules cited as 15A NCA C 3J
.0401; 3M .0103, .0510; amend rules cited as 15A
NCAC 31 .0001, .0010,· 3J .0103, .0107; 3K
.0101, .0304,· 3L .0201; 3M .0508,· 3Q .0107,
.0202; 3R .0002, .0007 -.0008 and repeal rule
cited as 15A NCAC 3K .0506.
The proposed effective date of this action is July
I, 1993.
The public hearings will be begin at 7:00 p.m.
except the hearing scheduled April 3, 1993, in
Manteo which will begin at 10:00 a. m. The
hearing on April 5, 1993, at the Archdale Build-
ing, Raleigh, will begin as a joint hearing with the
Wildlife Resources Commission on Rules 15A
NCAC 3Q .0107 and 3Q .0202 only. After public
2683 7:24 NORTH CAROLINA REGISTER March 15, 1993
(
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
November 1, 1993
MEMORANDUM:
TO:
THRU:
FROM:
Arthur Mouberry
Carl Bailey ?(3
-'11~ David Hance . 'm
SUBJECT: Change in the effective date of 15A NCAC 2L .0103.
15A NCAC 2L .0103-Policy was objected to by the Rules Review
Commission at their September 19, 1993 meeting. In order for the
Division to meet requirements of G.S. 150B-21.12, the effective
date of Rule .0103 was delayed till November 1, 1993.
Ms. Portia Rochelle, of the Division of Policy Development, has
informed me that the effective date of this rule has. been changed
to November 4, 1993 in accordance with G.S. 150B-21.3
It is requested that those Department of Environment, Health
and Natural Resources employees who are involved in rulemaking,
Federal/State trust funds allocation, review of corrective action
plans, litigation or enforcement of 15A NCAC 2L be informed of the
change in the effective date of this rule. If you have any
questions concerning this change please contact David Hance at
[phone] (ext. 428).
cc: Arthur Mouberry
Carl Bailey
Ted Bush
Dr. Burrie Boshoff
David Hance
Phil Telfer
Don Laton
Don Reuter
Preston Howard
Debbie Crane
Regional Groundwater Hydrogeologists
Director; Division of Solid and Hazardous Waste
SUBl\tlISSION FOR FILING
I I. Certifying Agency: 2. Rule Citation:
EHNR-Envi romiental Managenent Carmi ssi on 15A NCAC 2L • 0202
3. Rule Catchline C~ame): 4. Statutory Authority for Rule: G.S. 143-214. 1;
Groundwater Quality Standards 1438-282 (2)
S. Action: 6 . Proposed Effective Date:
D ADOPTION 0 A:\IEND:\fEl'iT □ REPEAL October 1, 1993
.7.
~ ;'\ oticc in Register ~ Public Hearing □ ;"1-;otice and Public I fearing ;'\ot Required
Date: fv1a r!;;b 15 . 1993 Date: 1L1L93 -4L5L93 L'nder G.S.
Date: Date: 4L7 L93 -4L 20L 93
Date: Date: 4/21/93
8. Ruic Summary (not required for a repealed rule): Specifies the maximun allowable concentration of substances in
Class GL\, GSA and tl. groundwaters and procedures to establish standards for substances.
9. Statement of:--;ecessity for Rule !Sec G.S. 1508-21.2, 1508-21.91 (not required for a repeaied rule):
revision of groundwater standards and recent toxicological knowledge.
To incorporate
10. Rulemaking Coordinator or Agency Contact:
11. ~~acno/J: .J Portia Rochelle/Carl Bailey
Address: Typed ~ame: A. Preston -H __ ; Jr., P.E.
Roon 82fr.H, Archdale Bldg For Enviro11ental ManaQ8llent Corrmission
Phone: Title: Director,·
3-637613-3221 Division of Enviromental Managanent fT
I.
Rules Review Commission t:se Only Office of Administrative I learings Vse Only
Action Taken:
□ Approval
□ Objection ..
□ Extension of Review
□ Curati,·e Rule Effecti,•e Date:
□ Returned Unchanged Approrcd by:
f ORI\J OAlf-1 (REVISED 10/91)
I~!
: "il';.\
< •• ~
SUBl\rlISSION FOR FILING
I. Certifying Agency: 2. Rule Citation:
EHNR-Enviromie_ntal Managanent Cannission 15A NCAC 2L .0111
3. Rule Catchline (:'iame): 4. Statutory Authority for Rule: G.S. 143-215.1(b);
Reports 143-215.3(a)(1); 143-215.65; 1438-282
5. Action: . 6. Proposed Effective Date:
D ADOPTION ~ A:\IEND_:\1Ei',;T □. REPEAL
October 1, 1993
7.
~ :\oticc _in Register ~ Public Hearing □ Notice and Public Hearing ;\"ot Required
Date: March 15 2 1993 Date: 4l1l93 -~l5l93 L'nder G.S.
Date: Date: 4L7 L93 -4l 20l 93
Date: Date: 4/21 L93
8. Ruic Summary (not required for a repealed rule): Specifies the require-rents for reports subnitted to the
Director fran individuals subject to the corrective action req.iiranents of Rule .0106. · ·
9. Statement of :\ccessit}' for Ruic !Sec G.S. 1508-21.2, 1508-2 I .9f (not required for a repealed rule):
To specify the professional require-rents for ~rsons res1:x:msible for the preparation of reports and
to clarify language in the rule.
-I I
10. Rulemaking Coordinator or Agency Contact:
11. Si~//k cn o/1/~ /
Portia Rochelle/earl Bailey /7/ ~ _,,,, -i-,,~
Address: Typed Name: AP t " _,J J • res on , UV1ft ~, r. , P.E.
I Room 82~H, Archdale Blg. for Environnental Manaqanent Cannission
Phone: Title: Director,
3-6376/3-3221 Division of Enviromiental Managanent ,/
Rules Rc,·icw Commission l:se Only Office of Administrative flearings Vse Only
Action Taken:
□ Approval
□ Objection •·
□ Extension of Review
□ Curati~·e Rule Effectfre Date:
[] Returned Unchanged Approved by:
I
FORl\1 OAll-1 (REVISED 10/91)
{15.) "Practical -Ouantitation mtr~@~t tirilit'; means the ibwesi __ d.'ln~~tfutioh of !,gi'\t#f
inatenal that cari be 1:elfablv iichfe{;ed art1ofrg laboratories wHhiri specified Hniits Sf
precisior'l ati·d accuracv kii given analytical method during routine faboratefcy
iiiiatvsis~ -~ ff ff r~-~-~·g-r~-~ r~-~-~ ~-ff :-~•g ·~-~-ff fff~f{ff Ur~-r~-~ rff ?~ f ff ffff ff t
(8) "Limit ef Detectability" means the method detection ttmi4 established fet=-the--H-£-EPA:
appmved te5t-proeedure pro·,iding the lowest method detet.'tiefl-ltmit-fet:-the-sttbstanec
eeiftg-monitored.
H6J:f f9) "Natural conditions" means the physical, biological, chemical and radiological
. conditions which occur naturally. .
<f7f::;~ f-HB "Potable waters" means those waters suitable for drinking~ by humans.
(l&}t~ "Professional Engineer" means a person who has been duly registered and licensed
as a professional engineer in accordance with the requirements of G.S. 89C.
H9.fI "Receptor" means any huni~fi; pl.nit. aii1mal; or structure v.;hich g_ or h~ the , ... _ ..
potentfal f6 be, adversely effected ~ the release or migrat'foit of contaminants; ArtV well constructed foi the purpose 6t rnonitonn·g groundwater and contatn1nant
toncentrations shall ndt be· constdered ~ receptor.~~~:~~~~~~}::;:;;~:~l~~~~~:=:~}~~~::;~~~{~~{t~~~~@~~~ -~-~-~-r~-r~·rr~J-~~-r~·rrr~-~ ~-rrr~·r:·~-~-: ~-~-=-r~-r~-c~r~·r~ ~~~~ ~-~~~ ~~ ~~~~ ~;~ ~-~-~-rrr~-{~-~-~-~-r~•r~-r~·:-~·r
~"Review boundary" means a boundary around a pennitted disposal facility, midway
between a waste boundary and a compliance boundary at which groundwater
monitoring is required.
~"Saline groundwaters" means those groundwaters having a chloride concentration of
more than 250 mg/I.
~"Saturated zone" means that part of the subsu1face below the water table in which
all the interconnected voids are filled with water under pressure at or greater than
atmosphe1ic. It does not include the capillary fringe.
(23 )"Standards''· means groundwater gu0ality standards ·as specified in Rule .0202 Hr ili{j
Subchapter:
(24}t: f-14, "Suitable for drinking" means a quality of water which does not contain
substances in concentrations which, either singularly or in combination if ingested into
the human body, may cause death, disease, behavioral abn01malities, congenital
defects, genetic mutations, or result in an incremental lifetime cancer risk in excess of
lxI0·6
, or render the water unacceptable due to aesthetic qualities, including taste, odor
or appearance.
(25)M "Time of travel'' means the time required for contaminants in groundwater to moYe ~
unit distance. ·
(26):t f¾,'Waste boundary" means the perimeter of the pe1mitted waste disposal area.
(27}{: H-6j'Water table" means the surface of the saturated zone below which all intercon
nected voids are filled with water and at which the pressure is atmospheric.
History Note: Statut01y Authority G.S. 143-214.1; 143-215; 143B-282;
Eff. June I 0, l 979.
Amt!nded Eff. October .L.. 1993; August I, 1989;
July I, 1988; March l, 1985; September 1, 1984 .
•-.. ---~---·· .............. -,J,· .,.. __ ~""''"""._ _____________ l><o .• ._.....,,..;nn,c;i· ·.a@llllo:£S1?itjj:i·~:;;,,~~c:.1:-•~~~~:·rr::ren::n~-l!!ttlli:llaliililtllll?PIIIIJS•tellili· tlliiX?Niiiliiil _________ _
or professional corporations who are QJ!!y_li<::ensed to offer engineering services . Corporations
that are authorized bv law to perfonn ern?ineering or eeoloc:ical services and are exempt from
the Professional Corporation Act. G.S. 55B. mav perfonn these services.
History Note:· Statutory Authority G.S. 143-214.l; 143-214.2; 143-215.3(e);
143-215.3(a)(l); 143B-282;
Eff. June 10, 1979;
Amended Eff. October .L._1993; August 1, 1989; July 1, 1988;
September l, 1984; December 30, 1983.
ISA NCAC 2L .0104 has been amended with changes .as published in 7:24 NCR 2671-
2672 as follows:
.0104 RESTRICTED DESIGNATION (RS)
(a) The RS desilination sen1es as~ wainiti g t:hat grourid~ater so eldtgnated may riot 6J
fuitlibfe fof frs~ i~ a drinking water suppiy without treatment~ The deshinati-on Ji t~rtip6rary _
a'iid will be removed bv the Director upon a determination that the quality of the grouridwatet
~ desl gn atecl h~ been tesfored fo the ieVel of the applicable standards 6r when
the ¢h,undwaters haVe been reclassified !iy_ the Commission~---
The Director is authorized to designate GA or GSA groundwaters as RS under any of the
followi~i) c;~~:
1
::c::esult of man's activities, groundwaters_have beeri contatrih{alla fuld
eelitain eo~ee_11tretiens ef ~~~time.c.~ iR-e,!,~ess ¥:~~~~~cf;r;iat# qttal __ ~JJ:}~~~
~s~Hshc_cl -~~_Eltt~_ch.~ter~ ~remedial _:::~~;:~:~:~~:~;:~~; a:~Jtoft_ te: 11?.~tffl
gipt:in~•.yat~f q~~hn' ~ b9e.~ required. et' j~~~~~~=~~:}~~t~~@~~~=~=::;I~~:=t~~~~~~~~§=~~~~;t~eIJ:Ltt::~~~
_the Dire?tor has approved a C()_rrectivc action plan, . ·:=~~=~~==:~~~=~f:~~}=~=:~;~::~~/):::=~=~~===~=?=?=~\
'.: or termination of corrective actiori. that will not .result in the immediaie testoratiori
~f such groundwaters to the standards established under this Subchaptet
(2) Where a statutory variance has been granted as provided in Rule .0113 of this
Subchapter.
~ ~ ~ ~ ~ ~ ~-~ ~ ~ ~ ~ : ; ~ ; = ·~ ~ ~ ~ ~ ~~ ~; ~~ ~ ~ ~ : ~ ~ ~ ~ : ~ ~-~ ~ ~ ~; ~; ~ ~ ~: : : ~ ~ ~ ~ ~ ~ ~ ~ ~:~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _: ~-= : ~ ; ~ ~ ~ ~ ~ ~-~ ~ ~ ~ ~ ~ ~ ~ ~
(b ) Groundwaters occurrin g within an area defined hY_a com pliance boundary in a waste
dis posal permit are deemed to be desi smated RS.
(c )fb-j The boundary of a designated RS area may be approximated iri the ab~-eii'tf 6f
artal ytical dafa sufficient to define the dimension of the area. The boundary shall be foc"ated
at least 250 feet away ffom the predicted edge ot the contaminant plume: and shall trich.J.de
any areas into which the contamination lS expected to migrate. =Hie-R:£-desigaatio.~ ~cyy9& fis:-*-
wammg thftt-grou~dvrttter :se desig1mt:ed may-aet-be suitable fef-~&'t-e--d1iakiag _y~~~ sttf;' .
~wi#to~ rI~:j:~~@:~~~~f treatm~., .. Tpp bettndarics et-ftfeft8-designatcd l{£-~~e,.ppres..im~!£4
tti-$i. ebscp:ee ef-anabrtieal <lMft-suffi~ierit ~defin~ ~cxteR-t ef. grettndw~er deg _~~ii~:, ~i;;:~;;~:~;~~:;~:=:;:;;!~~~:~=~.;ii~~~;;~~l~=~:~:;::ii:i;~~~~~:~~=~~~~~~~~ff~~~!-~R ~
the-q~li_ty_ ef:# gro.ood~ater ~ d~~_ign4lcd ~~rest-ered t<rthe-~~~ ~l'Pli~@ .l¢
standa:f:ds erwhen reelassified:.fil1
@)_In areas designated RS,{~ the person res ponsible for l!roundwater contamination
~~it}=tII%f: shall establish and im plement a groundwat~r monitoring system sufficient to de-
tect changes in groundwater quality within the RS designated area. Monitoring shall be
~~~~t:~=~t~:=:~;~~~~~~~~~~t quarterly for the first year and may be reduced to semi-annuall y thereafter until
the applicable ~HH:~tt~ttt~::: standards have been achieved. ftX}it~:~~~r~~_::~=:~:tI~~~~{t:~
If during the monitoring . period. contaminant concentrations increase. additional remedial ac-
tion or monitorin g pursuant to these Rules may be re quired.
&} The applicant for an RS designation shall also provide wtitten verification that all
property owners within and adjacent to the proposed RS area have been notified of the~
guested RS desfonation.
mt~ The Division shall prov1de public notice ~~~~;:~=i~~ff:1I:?::~~~r~rrr~~~@~~~ of the intent to desig-
~fil!.Y._ groundwater_ RS_ in accordanc~ with the following requiremertts;
'' ' \if ~£\{:~~1Iiirl~:£8r~r~;~;;1;r:r;;;J~dl ttfih ~stf 4f~ff ~ :;~;::r:;d
notice shall be provided to all property 0V:.11ers tdentified pifrsriant td l>araifraph@
of this Rule and to the local Count y Health Director and the chief administrative
officer of the political iurisdiction(s) in which the contamination occurs.
ill_ The notice shall =i~;:=:=:~:@}=}:~};~~~~~~~~~ contain the following infortriatf<fn:
(A) name. address. and phone number of the agency issuing the public
notice;
.(fil_ the location and extent of the designated area .
rt) the county title numbeL couritv tax identification number, or the pronlrt&
. tax book and ~identifiers.
@a brief description of the action or actions which resulted in the
de!!radation of croundwater in the area;
ID_ actions or intended actions taken to restore groundwater quality;
(F) the si{!Tiificance of the RS designation:
(G) conditions applicable to removal of the RS designation:
{ill_ address and phone number of a Division contact from whoirt
interested pmiies may obtain further info1mation.
fil The Director shall consider all requests for a public hearing, and if he determines
that there is significant public interest he shall issue public· notice and hold a pubiic
. hearimr in accordance with G.S 143-215.4(b) and Rule 0l 13(e) of this Subchap'ter.
fil These requirements shall not film!y_ to eroundwaters defined in Paraeraph ilil_ of this
Rule. .
History Note: Statutory Autho1ity G.S. 143-214.l; 143-215.3(a)(l ); 143B-282(2);
Eff. June 10, 1979;
Amended Eff. October .L.. 1993; December 1, 1989; August 1, 1989;
December 30, 1983 .
15A NCAC 2L .0 I 06 has been amended with changes as published in 7:24 NCR 2672-2676
as follows:
.0106 CORRECTIVE ACTION
(a)~geal-ef-aetions tftk.eft-.to FcstoFe grotlfldwater quality shttll-l,e-testOfation te-the
le¥el-ef-the staRda:rds, erftS-elese thereto ftS-iS eeonomiea:lly and teehnologically feasible.
Where groundwater quality has been del!raded. the goal of fil!Y_re g uired correcti~e action shall
be restoration to the level of the f~~~~J:~~~~~~~~~~~~t~~:=~~~~~~j~~j~~~~[~ standards, .f ~}J i,J~§~~J ~~{~~j~$~l~C , ... ,
or a~ cl?sel)'.' th~r~t? as is -~ce>n _omic~.ll ~-;~~d ~ech~ol~gica,l!_Y. feasi _p!e:}~. ~r.I_,~a~~J~t~!~i:t~~
guests to the Director for approval of corrective action plans, or terrnmat1oh gf cottecttve _~
Hon: the 1:esponsihilffy for providing al1 it,;formatiori re quired h_ this Rufo Hes with tlie pef~
son(s) makin g the re guesf:-
(b) Any person conducting or controlling an activity which results in the discharge of .i
waste or hazardous substance or oil to the groundwaters of the State, or in. proximity thereto,
shall take immediate action to. tenuinate and control the discharge, mitigate any hazards result-
ing from ·exposure to the pollutants and notify the Depa:rtrneat Division of the ·discharge.
( c) Any person conducting or controlling an activity_ which has not be'en 1fetniitted bv the
Division an·d which results in an increase in the concentration of a substance in excess of the
~~:-ater standard~ other than amiculttiral o perations:· shall: ., . . . . . . . .
H:}-ftS-the-~~ ~~tiy_ith~§~ ptjl _e,ti ~ B:gjl.9ul~I eri~~~~~ ~-~! ~,9fD,p~-~~ &. t~
$state~ ill imm~di~t~lv notifv the Division of the activi ty that has resufred i'n the 1ncrease and
the coritam1nant co'nceiltratfon levels; ~::~~::=:::::-:::~:::::_:
· (2) take immediate action to eliminate the-;;~~~~-or sources of
contamination ;
ill submit a report to the Director assessing the cause, significance and extent of the
violation; and
ffi submit a im plement an approved con-ective action plan ftftfr seheclule fef
elimiHll:ting Htt: source ef. eont0:rniH0:tioH a:oo for restoration of groundwater
qualityt ftft6 irnplemeat ftft-8:pproved p-tfttl in accordance with a schedule established
by the Director, or his desil!llee. In establishing a schedule the Director, QLhis
desiunee shall consider any reasonable schedule proposed ·by the person submitting
the plan . A report shall be made to the Health Director of the countv or counties
in which the contamination occurs in accordance with the re q uirements of Rule
.01 l4(a) in this Subcha pter.
(d)@, Any person conductin g or controllin u an as-~~of activities activitv ~hich i-~
conducted under the authorit y of a ·permit issued bv the Division s==:~:tttte; ~. wl3:9r~ ~
and which results in an increase fri concentration of a substance in -e~cess of the struid.ards·
eoa.9.c_f?.trations ~ de~ee_*e~:
(l)(A:) at or beyond a review boundary, shall demonstrate, through predictive
calculations or modeling, that natural site conditions, facility design and operational
controls will prevent a violation of standards at the compliance boundary; or submit
a plan for alteration of existing site conditions, facility design or operational
controls that will prevent a violation at the compliance boundary, and implement
that plan upon its approval by the Director, or his des1gnee .
{_.ijt_aj at or beyond a compliance boundary, shall assess the cause, significance
and extent of the violation -of gioµ~~-~-a~ qq~l~ty standards and submit the results
of the investigation, a.rid a plan; and proposed schedule for groundwater quality
restoretion corrective action to the Directorl.. or his desi c.nee. The permittee shall
implement the plan as approved by and in accordance with a schedule established
by the Directorl.. or his <lesi gnee. In establishing a schedule the Director.1 or his
designee shaU consider any reasonable schedule proposed .by the pennittee.
(e) For the purposes of Pa1igraphs (c) ~nd @_ of this Rule. an activity condu"ded ~ndei: _
the ·authority of a permi"t issued .QY_ ihe Division. and subiect to Paragi:.ipfi td) M_ ilii!
Rute: is on~ tor which':
&ipermii has be:en issu'.ed pursu.imt to a:s: 143-215.l :
(2 ) the permit was originallv issued after December 30, 1983;
(3) the substance for which a standard has been exceeded outside the compffan~e
boundary has been released to groundwater as a result of the p ermitted activity;
(4) All other activities shall for the purpose of this Rule be deemed not pemutted ~
the Division and subject to the provisions of Paragraph (£}_ of this Rule~,
filt Corrective action re quired followinl! discove ry of the unauthorized release of a contami-
nant to the surface or subsurface of the land. and prior to or concurrent with the assessment
req uired in Para gra phs @and (d) of this Rule. shall include. but is not limited to:
ill Prevention of fire. ex plosion or the spread of noxious fumes;
@Abatement. containment or control of the miuration of contaminants;
filRemoval, or treatment and control of illlY._ p rimary pollution source such as buried
waste. waste stock p iles or surficial accumulations of free p roducts;
filRemoval. treatment or control of secondary pollution sources which would be ti
potential continuin!! so.urces of pollutants to the groundwaters such as contaminated
soils and non-aq ueous phase li q uids. Contaminated soils which threaten the quality
of 11:roundwaters must be treated. contained or disposed of in accordance with
applicable rules and p rocedures established bv the Division. The treatment or
dis posal of contaminated soils shall be conducted in a manner that will not result in
a violation of [Jjf}jiJJIJ\tfttf standards ?t{ or North Carolina Hazardous
Waste Management rules.
1,g_l(j The site assessment conducte~_P~~~~~n!_ !? __ t~e_!~g uirements of ~;}{== Paragraph (c(::
of this Rule, shall include L;~;~~~;~g:;;;~:~;~;:~::~;~;=;~~~;~;~;::~;~;:; ~
W The source and cause of contamination:
filAnv imminent hazards to public health and safety and actions taken to mitigate
them in accordance with Paragra ph ill !:~t~ of this Rule:
(3) All :/~\}~:~~}=~~f rece ptors and significant ex posure· p athways;
(4) The horizontal and vertical extent of soil and ground\vater contamination and all
significant factors affectin!! contaminant trans port: and
fil Geological and hvdrogeolmrical features influencing the movement. chemical. and
phvsical character of the contaminants.
Re po11s of site assessments shall be submitted to the Division as soon as p racticabk or in
accordance with a schedule established bv the Director. or his designee. In establishing a
schedule the Director. or his designee shall consider anv reasonable proposal bv the person
submitting the report.
;'0 ·1·14Cb) 6f this Subch~pt€h
ill that the pi-01,iosed c-0n~ct1vt icribrt pi~n ~outd be con·srstent with iii 6tii€f
erivirorimenta.1 laws:
ffil=~~~~£}~~;l~~J.~~~U1~tii~f~~~~~:~~:~~~;lJJ~~~1~~~~J;~1:i-~~~8J~~1jt i i%rH,et~
fuitteii. ~iteQUrsU~iit id this Rule ma'.y fequeif that the Director approve siich ~ pfafi based up6ri
natural processes of degradatfr>n ~nd attinuation hf contaminants: A request submitted td the
Director under this Paragraph shall hichide ~ description of site spedfic tond1ti6h!fi lhdiid~
written documentation of projected groundwater use h1 the confarhiriaiM area based 6n ciirreiit
. state & lc,cat go,;·ernrriei'i't planning effoi1s; the iechnic'al basis for the rechiesl; and ifiy odiet.
infonriatlon recji1esfod _h.Y_the Director to thoroughly e\1aluate the retjuesfi ln additwrii the person making the thlfoest must aemortsttate to the satisfaction of the :bfrectoti .
ffi that all sources of contaminaticin and free product have be~n remo,,ed QI
controlled pursuant to Paragraph ill_ of this Rule:
ill_ that th~ oontainiri'arit has the capacitytodegrade or attenuat~ undel: ~
site-sb'ecific conditions:
fil that the tfrne and directton of iontiminaht travel can be predicted with teasonabf~
certainty';
ffithat contamin.ant mi1?.tation wht not result in any violation bfapplicabte
groundwater standards at arty existing or foreseeable receptor!
ill.that contaminants have.riot and will not migrate onto adjacent pmperties·: ?fr_ihit
(A} such prop·ei·fles are se'i-ved bv an ex1stin1? public water supplv sys 't6m
dependent on surface waters or hydrauficallv isoiated g'roundwafef; at
ill}_ the owners of such prop.eriies have consented in writing to the reguest~
fil that: if the contaminant plume is expected to intercept swface waters; fh6
groundwater discharge w11l not possess contaminant concentrations that wouid
result in violations of standards for surface waters contained in
15A NCAC 2B .0200;
ffi that the person making the request will put in place !_groundwater monitorinsi
program sufficient to track the degradation and attenuation of contaminants and
contaminant bv-products within and down gradient of the plume and to detect
contaminants and contaminant by-products prior to their reaching any existing or
foreseeable receptor at least one year's time of travel upgradient of the receptor
and no greater than the distance the groundwater at the contaminated site is
predicted to travel in five years;
.{fil_ that all necessary access agreements needed to monitor groundwater ,iuality pursu,:
ant to Subparagraph ffi of this Rule have been or can be obtained.~ .
fil that public notice of the request has been provided in accordance with Rufo
.0114(b) of this Subchapter: and
.LlQl_ that the proposed corrective action plan would be consistent with ~ tither
environmental laws.
r :~: ~ :~~~ ~ ~=~ :} ~ ·~~ ~ ::::; =~:=: ~--~ :~: ~ :~: ~ :~:= =~= = :~:: :~:~ :~=~~~=~ =~=~ :;~ -?~ =~=~ =~:; :~: ~ :}~ :~=~ =~=~ =~=~ =~=~ =~:~ :~: i :~:~ ~~: ~ :~:: ~ ~-~ :~:~=~-= :~=~ :; :: : =::: ~;: :; ~===~ :}~ f :~ :;: · :~:~ :;{ =~=~ ==~~: ~=~ ~~=-= f:~ =~:~ :~: ~ :~ fm>fr· Th~·-15r~:i·;;~~--~·;. -~~;;· J;~~:~~~---~~ci~;·;~-~1 t~--f ~·;;·1 e~~-~ 1··;;·-~;j;;~~~J··•~~;;~~t r;~--~~tiort_._._._._
plan for a non-pe1mitted site pursuant to this Rule mav request that the Director appr6,,e ter-
mination of cmTective action.
remedial" action. the termination of m? corrective action, or amend the con-ective
action plan after considering all the information in the re q uest. Uoon termination of
corrective action. the Director shall require imp lementation of !_groundwater moni-
toring program :~=~=~:~=~-~~:~=~:~=~:~:~: sufficient to track the degradation and attenuation of
contaminants at a location of at least one year's predicted time of travel upgradient
of~ existirnz or foreseeable rece ptor. The monitorin g program shall remain in
effect until there is sufficient evidence that the contaminant concentrations have
been reduced to the level of the standards.
1.!l}tf) Upon a dete1mination by the Director that continued remedial corrective aetioAs ac-
tion would result in no significant reduction in contaminant concentrations, the respoHsiele
~5-h-frH pctitioH fet:-a Yafia:nee era-feela:ssifieation ef-the impacted groundwatefs. and the
~ontaxhinated ::~I~() groundwaters can be rendered ~:=t~~:t: potable bv treatment using readily
available and economicall y reasonable technolo!!ies ~==~~:f~? . the Director may dcsi 1mate the
remainin !! area of degraded groundwater RS. Where the remainirn.! degraded groundwaters
cannot be made potable bv such treatment. the Director mav consider a request for reclassifi-
cation of the groundwater to a GC classification as outlined in Rule :020 L
(o) If at anv time the Director determines that a new technology is available that would
remediate the contaminated groundwater to the standards s pecified in Rule .0202, the Director
may require the res ponsible party to evaluate the economic and technolo gical feasibili ty Qf
lm plementim~ the new technolog y in an ~~~~~~:~~tt@@j=~? active groundwater corrective action plan
in accordance with a schedule established bv the Director. The Director's determination fu
-~tize new technology·. at anv site or for any particular constituent shall include a consider[
ation of the factors in Rule .0106{h}.
(p~ Where grounq•Nater t:tttality standards are exceeded as a result of the application of
pesticides or other ag1icultural chemicals, the Director shall requl!st the Pesticide Board or the
Depa11ment of Agriculture to assist the Division of Environmental Management in determining
the cause of the violation. If the violation is determined to have resulted from the use of pes-
ticides, the Director shall request the Pesticide Board to take appropriate regulatory action to
control the use of the chemical or chemicals responsible for, or contributing to, such viola-
tions, or to discontinue their use.
1.91 The approval pursuant to this section .0106 of any corrective action plan, or modifica~
tion or te1mination thereof. which pe1mits the migration of a contaminant onto adjacent proJ>½
ertv, shall not affect any private right of action bv anv pa1tv which may be effected hY._ that
contamination
History Note: Statutory Authotity G.S. 143-215.2; 143-215.3(a)(l); 1438-282;
Eff. August l, 1989.
Amended Eff. October L_ 1993; September l, 1992
15A NCAC 2L .0107 has been amended with changes as published in 7:24 NCR 2676.-2677
as follows:
.0107 COMPLIANCE BOUNDARY
(a) For disposal systems individually pennitted prior to December 30, l 983~ the compli-
ance boundary is established at a horizontal distance of 500 feet from the waste boundary or
at the property boundary. whichever is closer to the source.
(b) For disposal systems individually pennitted on or after December 30, 1983, a compli-
ance boundary shall be established 250 feet from the waste boundary, or 50 feet within the
property boundary, whichever point is closer to the source.
(c) The boundary shall be established by the Director:.. or his designee at the time of pe1mit
issuance. Any sale or transfer of property which affects a compliance boundary shall be re-
ported immediately to the Director:.. or his desiunee. For disposal systems which are not gov-
erned by Paragraphs (e) or (t) of this Rule, the compliance boundary affected by the sale or
transfer of prope11y will be re-established consistent with Paragraphs (a) or (b) of this Rule,
whichever is applicable.
(d) Except as provided in Paragraph !&l.of this Rule,f.ef-dispose.1 systems peffflitted M
fepeffllitted after ffiftttat.)' ±,f993; no water supply wells shall be constructed or operated with-
in the compliance boundary-; of a disposal system individuallv petmitted or repermitted after
January .L,.l 993.
(e) Except as provided in Paragraph {g}_of this Rule. fer disposal systems peffflittea. et'
fcpeffflitted afrer Janttary +,+993, a permittee shall not transfer land within an established
compliance boundary of~ disposal system permitted or repermitted after January 1~ 1993 un-
less:
(1) the land transfe1Ted is serviced by a community water system as defined in 15A
NCAC l 8C, the sourc~ of which is located outside the compliance boundary; and
(2) the deed transferring the property:
(A) contains notice of the permit, including the permit number, a description of the
type of permit; and the name, address and tdephone number of the permitting
agency; and
(B) contains a restrictive covenant running with the land and in favor of the pe1mit-
tee and the State, as a third pany beneficiary, which prohibits the construction
and operation of water supply wells within the compliance boundary; and
(C) contains a restrictive covenant running with the land and in favor of the pe1mit-
tee and the State, as a third party beneficiary, which grants the right to the per-
rnittee and the State to enter on such prope11y within the compliance boundary
for groundwater monitoring and remediation purposes.
(f) Except as provided in Paragraph {g)_of this Rule, if at the time a permit is issued or
reissued after January 1, 1993, the permittee is not the owner of the land within the compli-
ance boundary, it shall be a condition of the permit issued or renewed that the landowner of
the land within the compliance boundary, if other than the pennittee, ~-!-'..:-:.))).;_~-\-~-~~-)-~-~-~-~-!-execute
and file in the Register of Deeds in the county in which the land is located, an easement run-
ning with the land which:
( 1 ) contains:
15A NCAC 2L .0 l 09 has been amended with changes as published in 7:24 NCR 2677 as fol-
lows:
.0109 DELEGATION
{a) The Director is delegated the authority to enter into consent special orders under G.S.
143-215.2 for violations of the watef ~;:~~I;:~;~~a;i:~~~~: quaHti. standards except when a public meet-
ing is required as provided in 15A NCAC 2H .1203.
(b) The Director is delegated the authority to prepare a proposed special order to be is-
sued by the Commission without the consent of the person affected and to notify the affected
person of that proposed order and of the procedure set out in G.S. lS0B-23 to contest the
proposed special order.
(c) The Directorl.. or his designee shall give public notice of proposed consent special or-
ders as specified in 15A NCAC 2H .1203.
History Note: Statutory Authority G.S. 143-215.2; 143-215.3(a)(l); 143-215.3(a)(4);
Eff. August l, 1989;
Amended Eff. October I. 1993; October 1, 1990.
15A NCAC 2L .0110 has been amended as published in 7:24 NCR 2677 as follows:
.OHO MONITORING
(a) Afly-_pcrson subject kHhe-_pro¥isions ef.G:&-143 215. l Except where exem pted !!Y
statute or -this Subcha pter. fil!Y person -who causes, permits or has control.over any discharge
of waste, or groundwater cleanu p program, shall install and im plement a monitoring system, at
such locations, and in such detail, as the Directorl.. or his designee may require to evaluate the
effects of the discharge upon th~ waters of the state, including the effect of any actions taken
to restore groundwater quality, as well as the efficiency of any treatment facility. The moni-
toring plan shall be prepared under the res ponsible charge of a Professional En gineer or Li-
censed Geolo gist and bear the seal of the same.
(b) Monitoring systems shall be o_perated·constructed in a manner that will not result in
the contamination of adjacent groundwaters of a higher quality.
( c) Monitoring shall be conducted and results reported in a manner and at a frequency
specified by the Director.:.. or his desi 1mee.
History Note: Statutory Authority G.S. 143-215.l(b); 143-215.3(a)tl); 14;3-215.65;
143-215.66; 143B-282; 1
Eff. August l~-1989.
Amended Eff. October h 1993;
15A NCAC 2L .0111 has been amended with changes as published in 7:24 NCR 2677-2678
as follows:
.0111 REPORTS .
(fil Any person subject te the provisioRs ef-G.-&:-143 215 .1 ftOO to the requirements for
corrective action specified in Ru1e .0106 of this Subchapter shall submit to the Director, in
such detail as the Director may require, a vnitten report that descri~~s: _ . _ __ ____ __ ,,
{ 1) the results of the investigation specified in Paragraphs .@land @ (£1(£) &,r!g
(e.)C4)ffi) of Rule .0106, including but not limited to:
{A}Ettj a description of the sampling procedures followed and methods of
chemical analyses used~ and
i!lli:-b, all technical data utilized iR support of any conclusions drawn or
determinations made. '
(2) the results of the predictive calculations or modeling, il)cluding a copy of the
calculations or model runs and all supporting technical data, used in the
demonstration required in Paragraph {ill (e)(;)(A) of Rule .0 I 06; and
(3) the proposed methodology and timetable associated with the FC::itoration ef-ground
Wffief-quality corrective action for those situations identified in Paragraphs (c) ~
@ W01 @,4 (c)O),(ID of Rule .o 106 .
.{Ql The report shall be prepared under the res ponsible charge of a Professional Engineer or
Licensed Geolo ~ist and bear the seal of the same as sp ecified in Rule .0106 @ ~~~~¥.~~~~=~I~ ~
History Note: Statutory Authority G.S. 143-215.l(b); 143-215.J(a)(l); 143-215.65;
143B-282;
Eff. August I, 1989.
Amended Eff. October 1. 1993;
15A NCAC 2L .0113 has been amended with changes as published in 7:24 NCR 2678-2680
as follows:
.0113 VARIANCE
{a) The Commission, on its own initiative or pursuant to a request under G.S.
143-215.3(e), may grant variances to Wfttef quality standafds aoo-the-eomplianee botindary.
the rules of this Subcha pter. Pefsons subjeet te-~ provisions ef-G-:&:-130A 294 may-ftWly
fere-¥arianec ttflder-thts Section.
(b) Requests for variances are filed by letter from the applicant to the Environmental
Management Commission. The application sha11 s·hqttl4 be mailed to the chairman of the
Commission in care of the Director, Division of Environmental Management, Post Office Box
27687, 29535 Raleigh, N.C. ti6-H 27626-0535.
(c) The application shall sh.eul.d. contain the following inf01mation:
(1) Applications filed by counties or municipalities must include a resolution of the
County Board of Commissioners or the governing hoard of the municipality
requesting the variance; ffittlrWfttef ;~;I:~:;;~~'.:~ ~.ality stt1:n~~~ ~i~h ~
ttHhe-~~ .w~ich the-:,:ari8;Bcc is-rcqtt~stcd.
(2) A description of the past, existing or proposed activities or operations that havt: or
would result _in a discharge of contaminants to the groundwaters.
(3) Description of the proposed area for which a variance is requested. A detailed
location map, showing the orientation of the facility, potential for groundwater
.. contaminant migration, as well as the area covered by the variance request, with
reference to at least two geographic references (numbered roads , named
streams/rivers, etc .) must be included.
( 4) Supporting inf01mation to establish that the variance will not endanger the public
health and safety, including health and environmental effects from exposure to the
groundwater contaminants. (Location of wells and other water supply sourci:s
including details of well construction within 1/2 mile of site must be sho-wn on a
map).
(5) Suppo11ing info1mation to establish that re quirements of this Rule sta~dp:rds cannot
be achieved by providing the best available technology ~conomically reasonable.
This infonnation must identify specific technology considered, and the costs of
implementing the technoloev and the impact of the costs on the applicant eh.aHges
m-quality ef.the contaminant plume as-demonstrated through r,redietive ealettlations
appro·,·ed by-the Director. ftfl<i technological constraints ·,yai9h limit ?~~I '.I:~ trr~<
restoration te-the-kvel-ef.the standard.
(6) Suppo11ing information to establish that compliance would produce serious
financial hardship on the applicant.
(7) Supp011ing inf01mation that compliance would produce serious financial hardship
without equal or greater public benefit.
(8) A copy of any Special Order that was issued in connection with the contaminants
in the proposed area and suppo11ing information that applicant has complied with
the Special Order.
(9) A list of the names and addresses of any property owners within the proposed area
of the variance as well as any prope11y owners adjacent to the site covered by the . . vanance.
(d) Upon receipt of the application, the Director will review it for completeness and re-
quest additional information if necessal)'. When the application is complete, the Director shall
give public notice of the application and schedule the matter for a public hearing in accor-
dance with G.S. 143-215.4(b) and the procedures set out belew in Paragra ph hlof this Rule.
(e) Notice of Public Hearing.
( l) Notice of public hearing on any variance application shall be circulated in the
geographical areas of the proposed variance by the Director at least 30 days prior
to the date of the hearing:
(A) by publishing the notice one time in a newspaper having general circulation in
said county;
(B) by mailing to the North Carolina Depa11ment of Httman_Environment. Health,
and Natural Resources, Division of Hettlth Set-vices, Environmental Health and
approp1iate local health agency;
(C) by mailing to any other federal, state or local agency upon request;
(D) by mailing to the local governmental unit or units having juri,sdiction over the
geographic area covered by the variance;
(E) by mailing to any property owner within the proposed area of the variance, as
well as any property owners adjacent to the site covered by the variance; and
(F) by mailing to any person or group upon request. ,
(2) The contents of public notice of any hearing shall include at least the following:
(A) name, address, and phone number of agency holding the public hearing;
(B) name and address of each applicant whose application will be considered at the
meeting;
(C) brief summary of the f'-ffiP-9.59.cl · s4;fl~~ variance re quest; et' modification ef
the perimeter ef eompliaHee beiftg requestecl;
(D) geographic description of a proposed area for which a variance is requested;
(E) brief description of~ activities or operations which have or will result in the
discharge of contaminants to the groundwaters described in the variance
application;
(F) a brief reference to the public notice issued for each va1iance application;
(G) infonnation regarding the time and location for the hearing;
(H) the purpose of the hearing;
(I) address and phone number of premises at which inter~sted persons may obtain
further info1mation, request a copy of each application, and inspect and copy
forms and related documents; and
(J) a brief description of the nature of the hearing including the rules and
procedures to be followed. The notice shall also state that additional informa-
tion is on file with the Director and may be inspected at any time during
no1mal working hours. Copies of the . information on file will be made
available upon request and payment of cost or reproduction.
(f) All comments received within 30 days following the date of the public hearing shall
be made part -of the application file and shall be considered by the Commission prior to taking
final action on the application.
(g) In determining whether to grant a variance, the Commission shall consider whether the
applicant has complied w~th any Special Order, or Special Order by Consent jssued under
G.S. 143-215.2.
(h) If the Commission's final decision is un·acceptable, the applicant may file a petition for
a contested case in accordance with Chapter 150B of the General Statutes. If the petition is
not filed within 60 days, the decision on the variance shall be final and binding.
(i) A variance shall not operate fi:s M a defense to an action at law based upon a public or
private nuisance the01y or any other cause of action.
History Note: Statutory Authority G.S. 143-215.3(a)(l); 143-215.3(a)(3);
143-215.3(a)(4}; 143-215.3(e); 143-215.4;
Eff. August I, 1989.
Amended Eff. October I 1 1993;
15A NCAC 2L .0114 has been adopted with changes as published in 7:24 NCR 2680 as fol-
lows:
.0114 NOTIFICATION RE Q UIREMENTS
!!) Any person sub ject to "the re quirements of Rule .0 I 06(c ) m.:i~~ of this Subchap ter shall
submit to the local Health Director ~~~~~~~~~J:=?~J~@:~ ,_ and the chief administrative officer of the po-
litical ju risdictions in which the groundwater contamination has occun-ed. a report that de-
scribes:
ill The area extent of the contaminant plume;
ill The chemical constituents in the groundwater which exceed the standards described
in Rule .0202 of this Subcha pter;
ill Actions taken and intended to miti 1rnte threats to human health;
{11 The location of any wells installed for the purpose of monitorin g the contaminant
plume and the frequency of sampling. .. . _ ._. ,,
The report described in this Rule shall be submitted no later than five workin g day s
after submittal of the com pleted report assessin g the cause. si gnificance and extent of the
violation as re quired QY_Rule .0106 (c). _ _ .. . .. ,
(b) Any person who submhs ~ regue·st under Rule .0106 !k1 (i); or {ml .
!~~jj ~~~:i:~ ~!~~~1K~~ru~~l~~~;;1~~~~;1%¥i~~;~:~:lr ~~~~~ ~~~~~~h:i~i ~~1~I~l~}~~tive officer of the polit-
ical hirisdictioris in which the contami;~--;;tj;T~~e occurs. and all property owners and~@~~~
occu pants within or conti guous to the .area underlain QY.the contaminant ~rn=~~t~rn~~~? ... ·.,-..... . ··-----------.. , plume, and under the areas where ::=~=:=~~=:=}}~=~:;: it is ex pected to mi l!rate . of the . nature of the re-
quest and reasons supporting it. Notification shall be made bv certified mail concurrent with
the submittal of the re quest to the Director. A final decision QY.the Director shall be post ; .-
poned for a period of f~~~=:~fa :~~~~~:~:~~:~:~~~:~=~~=--}~~t~~}=:~~~:~/~=~~ 30 days {~==~-followin g receipt of the re quest so
that the Director may ~~~~ider -~~~~t~-~~i,~fo~d QY.. individ~~ls interested in the reguesL -
( c )Anv person ~:~~~~:~~~~t~~~~~r whose re·g uest under Rule .0 I 06 (k ). (!1_ of (in) is granted by the
Director =:=~=~::=~=:-~:~~-~=~-:~=;=~}=~~~~~~~:===t~=~=~=:=~·=-==::=:=:=:===~:;-=~:~:=:~.:~ :=~-~=~·~:~·:=:=:=~=:-~·==~=~:;=::~::::::=::?:::=::::~:~:~::~:::=:==~-r~=:-:=t:=t~=~=-
shall notify parties specified in Paragraph (b) of this Rule of the Director's decision . Notifica-
tion shall be made by certified mail within 30 days of receipt of the Director's decision.
History Note: Statutory Authority G.S. 143-214.l ; 143-215.3(a}(l); 143B-282 (2 )b :
Eff. October 1. 199}; ·
(4) Odor threshold limit value;
(5) Maximum contaminant level; or
(6) National secondary drinking water standard.
(e) The following references, in order of preference, shall be used in establishing concen-
trations of substances which correspond to levels described in Paragraph (d) of this Rule.
(1} Integrated Risk Information System (U.S. EPA).
(2) Health Advisories (U.S. EPA Office of Drinking ¥/ater).
(3) Other health risk assessment data published by U.S. EPA.
(_4) . Other appropriate, published health risk assessment datal
''"'d scfontifi at · vaHd ··e ·'=:';\;~e ··ec1 ·u1,··shed to,Hcoio··1c~i"' da·---~; ~-. . ... _. . . ,, qJ _,y ... -.. -p,,;pr __ ~_,J.,,:w. -R h . --. -. -. --_g . J ..... !i!
(f) WtttefGroundwater quality standards specified in Paragraphs (g) and (h) of this Rule
and interim maximum allowable concentrations established pursuant to Paragraph (c) of this
Rule shall be reviewed on a biennial basis. Appropriate modifications to established standards
will be made in accordance with the procedure prescribed in Paragraph (d) of this Rule where
modifications are considered appropriate based on data published subsequent to the previous
review.
(g) Class GA Standards. \Vhere not othe1wise indicated, the standard refers to the total
concentration in milligrams per liter of any constituent in ~ dissolved. colloidal or particulate
form which is mobile in groundwater. This does not ~to sediment or other particulate
matter which is preserved in a groundwater sample as a result of well construction or sam-
rui!:!g_ procedures.
ill acetone: 0.7
mt+, acrylamide (propenamide): 0.00001
~ arsenic: 0.05
~ barium: ~ 2.0
~ benzene: 0.00 l
~ bromofonn (tribrorilomethane ): 0.00019
~ cadmium: 0.005
.{filf1-} carbofuran: 0.036
i2..}t8-} carbon tetrachloride: 0.0003
LJ..Q.2(-9-j chlordane: 2.7 x 10-5
!..1lli-l-G-} chloride: 250.0
f.l.f.H•H-} chlorobenzene: G:-3-0.05
~ chlorofonn (trichloromethane): 0 .00019
~ 2-chlorophenol: 0.000 l
~ chromium: 0.05
~ cis-1,2-dichloroethene: 0.07
i..!1.!f-l-61 colifonn organisms (total): l per 100 milliliters
f..!...fil(-l-+ color: 15 color units
!.l21f-H4 cop per: I . 0
~ cyanide: 0.154
~ 2. 4-D (2,4-dichlorophenoxy acetic acid}: 0.07
~ 1,2-dibromo-3-chloropropane: 2.5 x I o-5 )
(23)(22) dichlorodifluoromethane (Freon-12: Halon): 0.00019 1.1
(24) .L.l... dichloroethane: 0. 7
'I,
Tag s and Labels 2 NCAC 48C .0020
Amend/Establishes requirements for labeling of seed
containers~
Res p onsibility 2 NCAC 48C .0021
Amend/Establishes requirements for seed germination tests.
Analy sis for Farmers 2 NCAC 48C .0023
Amend/Establishes rules and fees for seed analysis service.
Identification and Size 2 NCAC 48C .0024
Amend/Establishes procedures for submitting seed samples for
analysis.
Health Re g ulations 2 NCAC 52B .0502
Amend/Establishes health rules for poultry exhibitions.
Ps y chiatric Admission Criteria
Adopt/Establishes Psychiatric Admission
Medicaid beneficiaries under age 21.
Date Requirements
DHR/DIVISION OF
MEDICAL ASSISTANCE
10 NCAC 26B
Criteria for
DEPARTMENT OF
INSURANCE
Amend/Shows data requirements for individual
health policies for rate revision process.
11 NCAC 16
accident and
.0112
.0205
Restrictions 11 NCAC 16 .0302
Amend/Recites certain premium relationships within and
between classes of business and sets limits on renewal rate
increases.
~ . I\ n O ~ ~DEHNR
Interest and Term ~ ~ 15A NCAC lK . 0402
Amend/Specifies the interest rate and term of loans made
from the Loan Fund.
DEHNR/ENVIRONMENTAL
MANAGEMENT '"--t-f_ _ _ 0fJri,
COMMISSION . l N)~ L.U('_V&l'---,'
Permit Req uirements
Amend/Describes procedures and requirements for
emit toxic air pollutants.
15A NCAC 2H .0610
permits to
3
..
Notification Re q uirements 15A NCAC 2L .0114
Adopt/Specifies notification requirements that persons
subject to .0106 must meet.
Groundwater Classifications 15A NCAC 2L .0201
Amend/Specifies the classification, best usage, and
occurrence of GA, GSA, and GC groundwaters in .the state.
Groundwater Quality Standards 15A NCAC 2L ~0202
Amend/Specifies the maximum allowable concentration of
substances in Class GA,GSA and GC groundwaters and
procedures to establish standards for substances.
DEBNR/MARINE ~~ w
FISHERIES coMM£ssIOH
Definitions 15A NCAC 3I .0001
Amend/Defines terms used in this subchapter.
Fishing Gear 15A NCAC 3J .0401
Amend/Establishes proclamation authority on fishing gear
during certain months in specified areas.
Purse Seines Prohibited 15A NCAC 3R .0011
Amend/Describes areas where the use of purse seines is
prohibited.
DEBNR/SOIL AND WATER~.
CONSERVATION ~ V
Prereq uisite for Disbursement . 15A NCAC 6C .o 7
Amend/Establishes prerequisite for disbursement of grant
funds under the Sm~ll Watershed Program.
DEBNR/COASTAL
~. · M¥AG~NT .
Mana g ement Ob j ective ~~ ~~. 15A NCAC
Amend/States the management objective of the estuarine
system.
7H .0203
Coastal Wetlands 15A NCAC 7H .0205
Amend/Describes and defines coastal wetlands and their land
uses.
Estuarine Waters 15A NCAC 7H .0206
Amend/Describes and defines estuarine waters and their use
standards.
5
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A Preston Howard, Jr., P.E., Director
NA
DEHNR
September 13, 1993
MEMORANDUM:
TO:
THRU:
FROM:
Portia Rochelle
Arthur Mouberry(#'
Car 1 Bailey (:t3
SUBJECT: Groundwater Section Responses to Rules Review Commission
(RRC) Proposed Technical Changes and Objections to 15A
NCAC 2L .0100 and .0200.
Attached are the rules with changes as a result of review by
the Rules Review Commission Staff. All technical changes were
incorporated by the Division of Environmental Management. Other
changes in the rules were the result of objections raised by the
RRC. The Groundwater Staff has developed appropriate responses to
these concerns. If you need additional assistance, please contact
David Hance in the Groundwater Section Planning Branch at 733-3221
(ext. 428).
cc: Arthur Mouberry
Carl Bailey
David Hance
Phil Telfer
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
Suggested Changes to 15A NCAC 2L Proposed Amendments
Based on Objections made by the Rules Review Committee
Ob jection #1 .0103(b )(l )
The use of the term "economicallv and socially justifiable" is ambi!!uous. The standard bv
which the Commission will allow si!:!nificant deg-radation needs to be more clearlv defined.
Pro posed or Cun-ent Rule : ( 1) the significant degradation of groundwaters which have existing
quality that is better than the assigned standani., unless such degradcition is found to be
economically or socially justifiable. or
Srnn:ested Change: (I) the significant degradation of groundwaters which have existing quality
that is better than the assigned st~ndard, unle;;s such degradation is found to be in the best interests
of the citizens of North Carolina based upon the projected ?conomic hen di ts of the fa.:iliry and a
determination that public health will be protected.
Ob jection #2 .0103(b)(3)
The use of the te1m ":-idverse imoact on public health. saferv or welfare" is unclear. There
is no clear standard as to \Vhat actions constitute an adverse im pact to health. safetv. and welfare .
Pro posed or Cunent Rule : (3 ) the impairment of existing groundwater uses or an adverse impact
on the public health, safety, or welfare.
Sug geskd Chan2.e: the impairment of existing groundwater uses or an adverse impact on the
public health, safety, or '.:ve!fare due to the operation of a waste disposal system.
Objection #3 .0104(d)
The hrase "as detem1ine<l bv the Director" is highlv obiectionable . This p ara2:ra ph does
not s pecifv the circumstances. criteria. or standards that will be used to re quire additional remedial
actions or monito1in2. in the event contaminant concentrations increase.
Pro po::;ed or Cunent Rule: (d) In areas designated RS, the person responsible for groundwater
(.;Ontamination shall establish and implement a ground\1\.-ater monit01ing system sufficient to detect
changes in groundwater quality within the RS designated area. \1onit01ing shall be qua11erly for
the first year and may be reduced to semi-annually thereafter until th-c applicable standards have
been achieved. If during the monitoring period, contaminant concentrations increase, additional
remedial action and monitoring may be required. as detennined by the Director. ·
Su2:!l ested Change: (d) In areas d.esignated RS , the person responsible for groundwater
contamination shall establish and implement a groundwater monitoring system sufficient to detect
State of North Carolina
Department of Environment,
Healt-h -and Natural Resources
Division of Environmental Management
James B, Hunt, Jr,, Governor
Jonathan B, Howes, Secretary
A Preston Howard, Jr., P.E., Director
NA
DEHNR
October 14, 1993
MEMORANDUM:
TO:
THRU:
FROM:
Portia Rochelle
Arthur Mouberry~
Carl BaileyCt.S
SUBJECT: Groundwater Section Responses to Rules Review Commission
(RRC) Objections to 15A NCAC 2L .0103 (e).
The Environmental Management Commission met on October 14,
1993 to discuss the objection to 15A NCAC 2L. 0103 (e) from the
September 17, 1993 Rules Review Commission (RRC) meeting. Please
be advised that in accordance with N.C.G.S 150B-21.12(a), the
Environmental Management Commission has decided not to satisfy the
RRC objection. Please forward a letter to the RRC Staff Director
informing him of this decision so that the rule may be compiled
into the North Carolina Administrative Code in accordance with
N.C.G.S. 150B-21 .12(b); 21.18; 21 .19 and 21 .20. If you need
additional assistance, please contact David Hance in the
Groundwater Section Planning Branch at 733-3221 (ext. 428).
Attachment
cc: Arthur Mouberry
Carl Bailey
David Hance
Phil Telfer
P.O . Box 29535, Raleigh, North Carolina 27626-0535 Telephone 9i9-733-3221 FAX [phone]
An Equal Opportunity Affirmative Ac ti on Employer 50% recycled/ 10% post-consumer paper
-5-
AGENDA ITEM: Re q uest for Environmental Manag ement Commission
Res p onse to the Rules Review Commission Ob j ection
930054 to 15A NCAC 2L . 01 03
EXPLANATION: On September 17, 1993 the Rules Review
Commission (RRC) met to discuss and review
amendments to 15A NCAC 2L .0100 and .0200. The RRC
approved the rules with technical changes and
responses to previous legal objections raised prior
to thi·s meeting.
However, the RRC has informed the Groundwater
Section that it has an objection to 1 SA NCAC 2L
.0103. The objection centers on Rule .0103(e) as
amended by the Groundwater Staff to address RRC
objections prior to the September 17, 1993 meeting.
15A NCAC 2L .0103(e) is shown as follows:
"Work that is within the scope and practice of
geology and engineering, performed pursuant to the
requirements of this Subchapter, which involves
site assessment, the interpretation of subsurface
geologic conditions, preparation of conceptual
corrective action plans or any work requiring
detailed technical knowledge of site conditions
which is submitted to the Director, shall be
performed by persons, firms, or professional
corporations who are duly licensed to offer
geological or engineering services by the
appropriate occupational licensing board or are
exempted from such licensing by G.S. 89E-6. Work
which involves design of remedial systems or
specialized construction techniques shall be
performed by persons, firms, or professional
corporations who are duly licensed to offer
engineering services. Corporations that are
authorized by law to perform engineering or
geological services and are exempt from the
Professional Corporation Act, G.S. 55B, may perform
these services."
The Division of Environmental Management
believes that this language in 15A NCAC 2L .0103
(e) best reflects the Commissions rule making
intent, the comment resulting from the public
notice and hearing, and sufficiently clarifies the
meaning of the rule.
RECOMMENDATION: It is recommended that the Environmental
Management Commission file 15A NCAC 2L .0103 with
the Rules Review Commission objection in the North
Carolina Administrative Code.
15A NCAC 2L .0100 AND 0200
CLASSIFICATION AND -STANDARDS
OBJECTIONS RAISED BY THE OFFICE OF ADMINISTRATIVE HEARINGS
RULES REVIEW COMMISSION STAFF
SEPTEMBER 7, 1993
RULE CITATION: 15A NCAC 2L .0103 (b)(1)
OBJECTION: The use of the term "economically and socially
justifiable" is ambiguous. The standard by which the Commission
will allow s~gnificant degradation needs to be more clearly
defined .
RULE CITATION: 15A NCAC 2L .0103 (b)(3)
OBJECTION: The use of · the term "adverse impact on public
health, safety .or welfare" is unclear. There is no clear standard
as to what actions constitute an adverse impact to health, safety
and welfare.
RULE CITATION: 15A NCAC 2L .0104 (d)
OBJECTION: The phrase "as determined by the Director. 11 is
highly objectionable. This paragraph does not specify the
circumstances, criteria, or standards that will be used to require
additional remedial actions or monitoring in the event contaminant
concentrations increase.
RULE CITATION: 15A NCAC 2L .0113 (c)(6) and (7).
OBJECTION:
is unclear .
The phrase "serious hardship" in both subparagraphs
RULE CITATION: 15A NCAC 2L .0201 (3)(c)
OBJECTION: The phrase "case by case basis" does not i nclude
clear standards for making case-by-case determinations .
15A NCAC 2L .0103 has been amended with changes as published in 7:24 NCR 2671 as
follows:
.0103 POLICY
(a) The rules established in this Subchapter are intended to maintain and preserve the
quality of the groundwaters, prevent and abate pollution and contamination of the waters of
the state, protect public health, and permit management of the groundwaters for their best
usage by the citizens of North Carolina. It is the policy of the Commission that the best us-
age of the groundwaters of the state is as a source of drinking water. These groundwaters
generally are a potable source of drinking water without the necessity of significant treatment.
It is the intent of these Rules to protect the overall high quality of North Carolina's
groundwaters MttHe-eflhe.Hee mttl-restore the qttality of degnu:led grettndwa.tcf's to the level
established by the standards: and to enhance and restore the quality of degraded groundwaters
where feasible and necessary to protect human health and the environment. or to ensure their
suitability as a future source of drinking water.
(b) It is the intention of the Commission to protect all groundwaters to a level of quality
at least as high as that required under the standards established in Rule .0202 of this Subchap-
ter. In keeping with the policy of the Commission to protect, maintain, and enhance ground-
water -quality within the State of North Carolina, the Commission will not approve any dispos-
al system subject to the provisions of G.S. 143-215.1 which would result in:
(1) !he significant degra~ation of groundwaters J.-~N~~-,-~!~-~' existing quality fffit
ts better than the assigned standard, unless sudi tieitra~t10n 1s found to be
~td'ft~ti~Yi iWa ~~~tr~ ~iw,,,.,-, 'l. ·:-~~ ffi lli~ l:i~si hilei.~ 6t itili ttfff~ ~ ~~ ,,,,,,~'-·,Y,""/.';,·i"ttt ,,,,,,,_? ~/ ,,,-,1. ···,0,1/,W//,,·,'"'z•, ·-· ,-==;;;;;;;,_£!__ t'itf&ftrtii iii~~ ah~ t&~ bloie~fed iSSnfrite b.enefld 6r th~ facmt:v and a
lietErtnftfatldK Mat p~ tr~!ltli ~u ~ protected, or
(2) a violation of a water groundwater quality standard beyond the bottHda-rics ef.the
property Oft-which the-sotlfee ef pollutioft is-locatecl, er_ a desi gnated comp liance
boundary, or .
3) the impairment-of existin groundwater uses or~ i,fci,'v'~r~:¢ ~C:''~~ ~~ ~m~ea ( nll'. f8 tH~ f{e'alftt & f£({j ~ft th~ ublic ~@:th' ;i~ri/,tn~f~iie ifti~ ~ ~ . · ~iferaHbtl N 1 wifsie at®oi-'4f~fii. ,,, ,,, __ --·' .......... ~, ,,. ,_,, __ , __ , ___ ,,_ --
cc) Violations of ~&'~~~i# i~~tandards resulting from groundwater withdrawals
which are in compliance with water use permits issued pursuant to G.S. 143-215.15, shall not
be subject to the corrective action requirements of Rule .0106 of this Subchapter.
(d) No person shall conduct or cause to be conducted, any activity which causes the con-
centration of any substance to exceed that specified in Rule .0202 of this Subchapter, except
as authorized ~X,~/!\:. i:?!~f,.f. tJ!;.i!,,~,,~.'~~'~.~~J-¼'",,,,, .. ,,,.,:i(✓,w ""'~ W,(/,,,,, .. ,.,,,,, '" ¼'•W/.i 'W_''i<''~w·,7,;1/,/'"',< .. ,x.,;,».
· ( e) Work tnat 1'8 Whriifi fo~ g'cofe 2!.. dte ~fact1te of geology iifo erfgi11eeriftg; performed
p ursuant to the ¥eguff~enf~ of this Subchapted which involves site assessment. the interp reta-
tion of subsurface geologic conditions . preparation of conceptual corrective action plans or
any work requiring detailed technical knowled ge of site conditions which is submitted to the
Director. shall be performed bv persons, firms or professional co rp orations who are duly li-
censed ,to,offer g e?l?,Hica_!_ o.r _ en~ir~e~~-n-~ ~eryic~~ -~,t~_e,, appropriate occupational licensin g
board I_~ ~pted frdffi iti'ch If[eifsfn ~ ~trS1 g~J~. Work which involves design of
remedial svstems or sp ecialized construction techni ques shall be p erformed !?Y persons, firms
( .
or professional corp orations who are duly licensed to offer en gineerin g services. Corporations
that are authorized J2y_ law to perform en gineerin g or geological services and are exempt from
the Professional Corp oration Act, G.S. 55B, may perform these services .
. History Note: Statutory Authority G.S'. 143-214.1; 143-214.2; 143-215.3(e);
143-215.3(a)(l); 143B-282;
Eff. June 10, 1979;
Amended Etf. October l,_1993; August l, 1989; July 1, 1988;
September 1, 1984; December 30, 1983.
changes in groundwater quality within the RS designated area. l\.fonitoring shall be quarterly for
the first year and may be reduced to semi-annually thereafter until the applicable standards have
been achieved. An increase in contaminant levels \Vil! be reviewed by the Director or his designee.
Additional monit01ing or remedial action may be required if it is dderrnined or suspected that the
increase represents:
(1) another release which may or may not be associated with the original
contaminant release ,
(2) an increase in contaminant levels resulting from the de 61-radation or attenuation
of the 01iginal contaminant into new or related chemical wmpounds, or
(_3) an increase due to unknown conditions or circumstan 0es .
Ob jection #4.0113 (c )(6) and (7 )
The phrase "serious hardshin'' in both sub oara1rra hs seems unclear.
Pro oos;;:d or Cun-ent Rule:
(6) Supporting information to establish that complianc~ would produce se1icus
hardship rm the applicant.
(7) Suppo11ing information that compliance would produce serious hardship
without equal or greater public b enefit.
Smzrrested Change:
(6) Suppo1iing informatior. to establish that compliance \vould produce se1ious
financial hardship on the part of the applicant.
(7) Supp01iing info1mation that compliance would produc e :;-::r:ous fo~;mcial
hardship without equal or greater public benefit.
Ob jection #5 .. 0201(3 )( c )
The phrase "case-bv-case basis" does not include clear st1.ndards for making case-bv-c ase
determinativm.
Prop osed or Current Rule :
(c) Occun-ence . Groundwoters of this class may be defined by the Commission on
a i::ase-by-cas,; basis.
Sucge s ted Chan12:e:
(c) OccwTence. Groundwaters which me,.:t the crite1ia of subp:iragraphs
.0201 (J)(a) and (b) above may be defined as GC by the Commission .
Ob jection #6 .. 0103 (e ):
Paragra ph should also reference those persons exem pted bv Statute from the licensing
re quirements.
Pro r osed or Current Ru1e:
(e) ... shall be performed by. persons, firms or professicwal corporations who are duly
licensed to offer geological or engineering services by the appropriate occupational
licensing boa,rd. Work which involves design or remedial systems ...
Suggested Change:
(e) ... shall be pe1fmmed by persons, films or profession,11 corporations who are duly
licensed to offer geological or engineering services by the appropriate occupational
licensing board or are exempted from such licensing by G.S . 89E-6. Work which involves
design or remedin l systems ...
INrnCIXCI'ICN
SUMMARY AND RECOMMENDATION
OF THE HEARING OFFICERS
(15A NCAC 2L .0100 and .0200)
'Ihe North carolina General statutes 143-214.1 directs the
Envirconental Management c.amrl.ssiC11 to adopt, for the protection of the
groundwaters of the State for their intended best use, a series of
classifica.tiC11S and standards appropriate for the :purp:>ses of
classifying the waters of the state. Coosistent with this duty, the
CcmnissiC11 has developed amendments to Title 15A North carolina
Administrative Code, SUbchapter 2L .0100 and .0200, Groundwater
Classifica.tiC11 and Standards ( 15A NCAC 2L • 0100 and . 0200) •
BAO<GRCXJND
'Ihe camri.ssiC11 has recx:)9Ilized that utilizing the current 15A NCAC
2L rules as a regulatory vehicle for groundwater remediatiC11 in the
State has resulted in the wasteful use of public trust funds and state
enforcement resources while providing little health or enviraunental
benefit. Since new state and federal requirements CC11tained in 15A NCAC
2N , Criteria ard Standards Aw]..icable to ~ Storage Tanks,
have gone into effect, the number of groundwater cantaminaticn incidents
related to leaking petroleum underground storage tanks has increased
dramatically. 'l'he Leaking Petroleum Underground Storage Tank Trust
Funds are being used to CC11tinually finance groundwater cleanup
activities in the state after the deductible is paid with no regard to
site specific informatiC11 or the technological limitatiC11S of active
cleanup methods.
'Ihe Groundwater cannittee of the Envirca1mental Management
CCJnnissiC11 has identified provisiC11S within the rules where improvements
are necessary and are shown as follows:
1 ) Remgnizing natm:al renedi at-im as a viable cleanup techmlogy:
'Ihe current rules require the use of active remediaticn technology
(pump and treat) in every situaticn. Natural bioremediaticn
processes that retard the novement of contaminates and degrade
CC11tarninants to noo.-toxic levels cannot currently be CXDSidered as
a means to remediate groundwaters in carrecti ve acticn plans. The
current rules requires perSC11S respca,sible for cleanup to actively
remediate groundwaters in-situ even where active remediation
technology has been denalstrated ineffective at reducing
CC11taminates to the standards in 15A NCAC 2L. Clearly, natural
remedial processes should be pennitted for sites where it is
ea:xx:mically and technically achievable and protective of the
public interest.
2) All.owing for altema.te cleanup metmds ard levels in additicn to
the Varianre provisials in 1 SA RX 2L • 0113: Active remediation of
CC11taminated groundwaters is required until the water quality
Draft Versicn 07/07/93 (dh) 1
standards in 15A NCAC 2L .0202 are achieved under the current
rules. In many instances active remediaticn efforts cannot provide
cleanups to the standards. It has been observed that there is
little incentive to get a variance to the Rule .0202 standards.
~ respct1Sible individuals reach the deductible en a pump and
treat system, nost operating costs are reimbursable through the
State Trust Funds. 'lhe process to obtain variances are not
reimbursable through State Trust Funds. 'lhe Q:mni ttee feels that
the rules. need to allow for alternate cleanup levels where it has
been dem:Xlstra.ted that other corrective acticns cannot provide
further reducticns and where no adverse impact l«>Uld be incurred
up:n human health and the environment.
3) 'Die need to specify mininln criteria related to mr.cective
acti.cn pl.ans: '1he rules do not specifically delineate the minimal
set of criteria the Director needs to cx::nsider before approving any
corrective actiai plan. '1he Ccmnissiai felt that any rule changes
needed to detail oorrective acticn requirements following the
disaovery of cx:ntaminate release, site assessments and ex>rrective
acticns to remediate groundwaters.
4) 'Die need to al.low the ter:mina.tim of mnective actials 1iien it
is denolstrated that pc:wcntly avaiJahJe t:edmology is incapable of
briDJing abort: further :r::educt:ials in cx:ntam:inant cxmcentrati.als:
'Ihe current rules require active groundwater ranediaticn until
cx:ntarninant ccncentra.ticns reach the standards of 15A OCAC 2L
.0202. It has been delalstra.ted at a large number of sites that
little or no reductic:ns are occurring far cx:ntaminant
ccncentra.ticns in situ. Reducing cx:ntarninants to the standards is
not technically achievable at these sites. '1he rules need to be
rrore flexible at allowing tenninatiai of ex>rrective acticns where
it can be delalstra.ted that remediaticn to the Rule .0202 standards
is not a technically achievable goal.
s > Reducing -wasteful disbJrsements of JIDleYS tlunlgh the state
Trust Form: A large p.roporticn of the reported groundwater
cx:ntaminaticn incidents that are reimbursable under the leaking
Petroleun Undergroond Storage Tank Trust Funds are those sites that
cannot be cleaned up using best available technology • At many of
these sites, where active groundwater punp and treat systems have
been arployed, arrple evidence indicates these systems cannot
achieve a level of cleanup to the groundwater standards in 1 SA NCAC
2L • 0202. '1he State is having to reimburse lCDJ term operaticn and
equipnent costs for active remediaticns that are not achieving any
measurable level of cleanup.
state Trust Funds are also being disbursed to perfann purcp and
treat remediaticn at sites that:
A) are using a p.mlic drinking water supply other than
the groundwater am far which the groundwaters have no
current or planned use to the public;
Draft Versicn 07/07/93 (dh) 2
B) have site specific soil, geologic and hydrogeologic
characteristics that would retard the IIDV€fflel1t of
cx:ntaminants;
C) have ccntaminant cxncen.tratioos that barely exceed the
standards of 15A :tCAC 2L .0202.
'Ihe Crnmittee felt that the rules changes would nore
effectively direct the use of state Trust Funds to corrective
actioos that provide the nest cost effective cleanups and b::Mard
those sites that have the nest ~ten public health and the
envircnnent.
6) Providing m:ininun educatialal. and pmfessialal. :registratial
:requi.reoents far tlDSe individuals perlouning cleamJp activities:
'lhe current rules do not require credentials for persons who engage
in developing corrective acticn plans, designing remediaticn
systems, perfonning site assessments, or evaluating site specific
characteristics such as hydrology, geology, hydrogeology or the
extent of ccntaminant novement. 'lhe camrl.ttee felt rulemaking to
define these requirements would protect the public interest by
giving the Divisicn a mean of assuring envircnnental ccntra.ctor
perfcmnance through the use of State b:>ards of registraticn.
RULE Sl'fJlllIARY
'Ihe proposed amendments to 1 SA :tCAC 2L • 0100 and • 0200 are intended
to do the following:
a) Clarify rules specificatioos by adding definitioos.
b) Restrict certain site characterizatioos and corrective action
work to persons licensed by appzopz: iate professialal. licensing
b:>ards.
c) Add ncnitoring and notificaticn requirements applicable to the
Restricted Designaticn (RS) , including its applicaticn within
canpliance boundaries. 'Ihe amendment also outlines cx::n:litioos
under which the Director may designate Class ~ and GSA
groundwaters as RS.
d) Specifies new mi.niJrrum cleanup requirements for all sites
including corrective actions follCMing the discovery of
ccntaminant release, site assessment criteria, and cx::n:litions
under which Best Available Technology is required.
Draft Versicn 07/07/93 (dh) 3
e) Specifies canditian required for approval of alternate cleanup
levels, natural rernediatian and tenninatian of corrective
acticns.
f) Revises the c::arpliance l:x::Juooary :rule to inq;>rove ccnsistency
with other envircnnental protectian :rules.
g) Allows the Director to require groundwater remediatian to the
1 SA l'CAC 2L • 0202 standards as new technology beoanes
available to rernediate any site.
h) For sites not permitted by the Divisicn, requires that
respcrlSible perscns sul:Jnit detailed site infonna.tian alx:JUt
corrective acticns to the local health director and chief
administrative officer. Requires notification of local health
director, adjacent property owners, and those residing within
the contaminated area when the Director has approved a
corrective actian plan, natural remediatian or termination of
a corrective action.
MAJOR PUBLIC cx:tn:RNS
A nmiber of changes were proposed by public ccmnentors to 1 SA l'CAC
2L .0100 and .0200. '!he :rule change that elicited the rrost :Pl]blic
respcnse was the prop:>Sed definition of ''Resp:llsible Party''.
Participants also expressed many ccmnents regarding the ciramistances
under which a Restricted Designaticn or RS 'WOUld be applied to
groundwaters. Additionally, other cx::mnents or staff reccmnendaticns
dealt with p:rofessional requirements for those who engage in groundwater
remediation, the p:>l.icy statement in Rule .0103, criteria to tenninate
CX>rrective acticns, new public notice requirements, and the application
of 1 SA l'CAC 2L • 0200 standards to corrective actions. 'lhe following
smrmarizes the critical issues and the hearing offices rea::mnendatians:
Listing of HeariDJ Officers Recxmoendatials to Ma.jar Public
Qmce:ms far 1 SA RX 2L • 0100 and .0200 Gramdwater
Cl.assificatial and standards
ISSUE RAISED
1 ) new defini ticns in Rule • 0102
2) professional requirements
Draft Version 07/07/93 (dh) 4
REXXl'-1-'JENDATICN
New definiticns are added for
''contaminant'' and ''standards''
to allow easier reading of the
:rules.
'lhe requirement that
Professional Engineers and
Licensed Geologists do certain
work will remain in the :rule as
proposed.
3) 11Respa1sible Party" definition
4) policy statement in
Rule .0103
5) restricted designation (RS)
6) alternate cleanup levels
7) evidence to support natural
remediation
8) tenninating corrective actions
(1:40 ratio of deocntamination)
Draft Version 07/07/93 (dh) 5
'lhe proposed definition for
11Respa1sible Party'' was deleted
as a result of strcng public
opinion. 'lhe rreaning of the
phrase was maintained fran the
existing rules in 1 SA NC.AC 2L
.0100.
Remained as proposed at the
public hearing.
Deleted the authority for
RS designations to areas served
by public water. Added a
provision that prchibits RS
designations where cxntaminant
plumes have crossed onto
adjacent properties unless
public water is available or the
adjacent property owner grants
c::cnsent for an RS designation.
'lhe proposed rule for the use of
alternate cleanup levels was
deleted and the corrective
action rule in Rule .0106(j) was
rewritten to allo-, setting goals
for corrective action that
exceed groundwater standards.
Change Rule .0106(1)(2) and (3)
to require evidence that natural
remediaticn will produce
non-toxic cxntaminates and
levels. M:ni taring requirements
in Rule .0106(4) included
by-products of natural
remediation as a cc:nstituent to
be tracked in a groundwater
m::nitoring program.
Added language to require
respoosible persons show
"duraticn and degree of success
of existing ranedial effort to
attain standards" in tenninating
corrective actions as a part of
the denDnstraticn to the
Director.
9) protecting surface waters
fran cx:ntaminated groundwater
discharges.
10) public notice requirements
Added language specifying that
any cx:ntaminants cx:ntained in
groundwater discharges to
surface waters will not exceed
15A K".AC 2B .0210.
Remain as proposed at public
hearing.
All additiCXlal changes were to clarify cx:ncepts or language of the
rules. 'lhe definitians for "Receptor" and "Groundwaters" were revised
to better express the CCmnissians intent. "Practical Quantitatioo Level"
was changed to "Practical Quantitatioo Limit" after consultation with
the Di visicn of Epidemiology to provide a term nore a:nsistent with EPA
literature. '!he hearing officers reccmnend these requested changes be
incorporated in the rules.
Numerous cannents proposed drastic changes to 15A K".AC 2L .0100 and
• 0200. 'Ihese proposed changes are not :r:eccmnended by the ~
officers. 'Ihe criteria by which ccmnentors proposed changes are not
recxmnended for rulemaking are as follows:
1) 'Ihe Connission lacks the statutory authority to pranulgate cannentors
suggestion into the rules;
2) 'Ihe issues are best addressed as pemrl.tting, enforcement or policy
issues by the Divisioo.
3) Prqx)sed changes presented teclmical solutions which are not as sound
or desirable as the approach already stated in the rule.
4) Public notice did not indicate an intent to anend that particular
rule; or
5) Cormentors proposed changes are WI' perceived as in accorrlance with
the cannissicn's resp:nsibility of protecting groundwater resources and
remediating groundwater cx:ntaminaticn. Sane of these pi:oposals are
perceived as inconsistent with the State's groundwater policy expressed
in the North Carolina General Statutes.
Draft Version 07/07/93 (dh) 6
>
PRESENTATION OF THE
SUMMARY AND RECOMMENDATION
OF THE HEARING OFFICERS
(15A NCAC 2L .0100 and .0200)
INIRODUCI'ICN AND BACKGROUND
For nore than a year the Groundwater Crnrnittee and the Groundwater
Section have been developing changes to the Groundwater Classifications
and Standards rules ( 15A NCAC 2L) • 'Ihese amendments were developed
because the Crnrnission has recognized that using the current 15A NCAC 2L
rules for groundwater remediation in the State has resulted in the
wasteful use of public trust funds and state enforcement resources while
providing little health or environmental benefit. Since new state and
federal requirements for underground storage tanks, have gone into
effect, the m.unber of groundwater contamination incidents in the state
has increased dramatically. State Tank Trust Funds are being used to
continually finance groundwater cleanup activities in the state after
the deductible is paid with little regard to site specific infonnaticm
or the technological limitations of active cleanup methods. On February
11 , of this year the Crnrnission gave approval for the proposed 2L
amendments to go to public hearing.
RULE REVISICNS PROPOSED
The pro~ed amendments to 15A NCAC 2L .0100 and .0200 were
intended to:
a) Clarify rules specifications by adding definitions.
b) Restrict certain site characterizations and corrective action
work to persons licensed by appropriate professional licensing
boards.
c) Add m:::m.itoring and notification requirements applicable to the
Restricted Designation (RS), including its application within
canpliance boundaries. The amendment also outline conditions
under which the Director may designate groundwaters as RS.
d) Specify new minimum cleanup requirements for all sites
including notification of the Division and local authorities,
corrective actions following the discovery of contaminant
release, site assessment criteria, new infonnation
requirements for corrective action plans and conditions under
which Best Available Technology is required.
e) Specify infonnation required for approval of corrective action
plans, natural remediation and the te:anination of corrective
action.
Draft Version 07/06/93 (dh) 1
f) Allows the Director to require groundwater remediation to the
15A NCAC 2L .0202 standards as new technology becanes
available to remediate any site.
g) Requires that responsible persons sutmit detailed site
infonnatian to the local health director and chief political
officer regarding corrective actions.
PUBLIC HEARING SOfJJARY
Five public hearings were held in North carolina by the
Environmental Management Ccmnission to receive public ccmnent an the
amendments to 15A NCAC 2L .0100 and .0200 Groundwater Classification and
Standards. The hearing were held in April 1993 in Jacksonville,
Williamston, Raleigh, Salisbury and Asheville. 'Ihe hearing officers for
these hearings were myself (Dermis Ioflin), Robert Griffith, Winston
Pullia'll and the past DEM-Regional Supervisor of the Fayetteville
Regional Office, Mick Noland.
A total of 346 persons registered their attendance at the public
hearings. Eighty-Six of these persons provided ccmnents at the hearings
and sixty-eight ( 68) letters of written ccmnent consisting of 390 pages
of infonnatian were received. Also, the Olainnan of the Envirarnnental
Management Ccmnission received 194 letters fran citizens, the majority
of which reside in Wake and Durham Counties.
MAJOR PUBLIC CXNCERNS AND REO:M-'IENDED CHANGES
The rule change that elicited the nost public response was the
prqposed definition of ''Resp:osible Party''. Participants also expressed
many ccmnents regarding the circumstances under which a Restricted
Designation or RS would be applied to groundwaters. Additionally, other
ccmnents or staff recarmendations dealt with professional requirements
for those who engage in groundwater remediation, the policy statement in
Rule .0103, criteria to tenninate corrective actions, new public notice
requirements, and the application of 15A NCAC 2L .0200 standards to
corrective actions.
As a result of the public ccmnent received and discussion with the
Division staff the hearing officers reccmnendatians are as follows:
Listing of Hearing Officers Recxmnendatiais to Major Public
Concerns far 1 SA H:'AC 2L • 0100 and .0200 Gramdwater
CJ assifica.tim and Standards
ISSUE RAISED
1) new definitions in Rule .0102
Draft Version 07/06/93 (dh) 2
RECCJVl'IIENDATICN
New defini tians are added for
''contaminant'' and ''standards''
to allow easier reading of the
rules.
2) p:rofessional requirements Requiring that Professional
Engineers and Licensed
Geologists do certain work will
remain in the rule as proposed.
3) ''Responsible Party'' defini tian 'Ihe proposed defini tian for
"Responsible Party" was deleted
as a result of strong public
opinion. '!he meaning of the
phrase was maintained fran the
existing rules in 15A NCAC 2L
.0100.
4) p:>licy statement in Remained as proposed at the
Rule .0103 public hearing.
5) restricted designaticn (RS) Deleted the authority for
RS designaticns to areas served
by public water. Added a
p:rovisicn that prohibits RS
designaticns where contaminant
plumes have crossed onto
adjacent properties unless
public water is available or the
adjacent property owner grants
ccnsent for an RS designation.
6) alternate cleanup levels 'Ihe proposed rule for the use of
alternate cleanup levels was
deleted and the corrective
acticn rule in Rule • 0106 ( j) was
rewritten to allCM setting goals
for corrective acticn that
exceed groundwater standards.
7) evidence to support natural Change Rule .0106(1)(2) and (3)
remediation to require evidence that natural
remediaticn will produce
non-toxic contaminates and
levels. r.t:lnitoring requirements
in Rule .0106(4) included
by-products of natural
remediaticn as a constituent to
be tracked in a groundwater
narl toring program.
Draft Version 07/06/93 (dh) 3
8) terminating corrective actions
(1:40 ratio of decontamination)
9) protecting surface waters
fran oontaminated groundwater
discharges.
10) public notice requirements
Add.ed language to require
responsible persons show
''duration and degree of success
of existing ranedial effort to
attain starmrds" in tenninating
a:n-rective actions as a part of
the dencnstration to the
Director.
Added language specifying that
any contaminants ccntained in
groundwater discharges to
surface waters will not exceed
15A NCAC 2B .0210.
Remain as proposed at public
hearing.
All additional changes were to clarify concepts or language of the
rules. 'Ihe definitions for "Receptor" and "Groundwaters" were altered
to better express the Ccmni.ssians intent. ''Practical Quantitation Level' 1
was changed to "Practical Quantitation Limit" after ooosultation with
the Division of Epidemiology to provide a tenn nore ocnsistent with EPA
literature. 'Ihe hearing officers rea:::mceid these requested changes be
incorporated in the rules.
Numerous ccmnents prq:osed drastic changes to 15A Ne.AC 2L .0100 and
• 0200. 'lhese prqxJSed changes are IX>t :reccmnemed by the hearing
officers. '!he criteria by which ccmnentors proposed changes are not
reccmnended for rulemaking are as follows:
1) 'Ihe Ccmn:i.ssion lacks the statutory authority to prarulgate o:mnentors
suggestion into the rules;
2) 'lhe issues are best addressed as permitting, enforcement or policy
issues by the Division.
3) Proposed changes presented technical solutions which are not as sound
or desirable as the approach already stated in the rule.
4) Public notice did not indicate an intent to amend that particular
rule; or
5) Ccmnentors proposed changes are WI' perceived as in accordance with
the a:mnission's respoosibility of protecting groundwater resources and
rarediating groundwater contamination. Sane of these prqx)Sals are
perceived as inocnsistent with the State's groundwater policy expressed
in the North carolina General statutes.
Draft Version 07 /06/93 (dh) 4
HEARlNG OFFICERS REXXMVIENDATIOOS
'Ihe Hearing Officers reccmnend that the proposed amendments, with
the changes incorporated in the rules since the public hearings, be
adopted by the Environmental Management camri.ssion.
Draft Version 07 /06/93 (dh) 5
•
SUBCHAPTER 2L -GROUNDWATER CLASSIFICATION AND STANDARDS
DRAFT VERSION -8/5/93 2:00 pm
SECTION .0100 -GENERAL CONSIDERATIONS
15A NCAC 2L .0102 has been amended with changes as published in 7:24 NCR 2669-
2671 as follows:
.0102 DEFINITIONS
The definition of any word or phrase used in these rules shall be the same as given in
G.S. 143-212 and G.S. 143-213 except that the following words and phrases shall have the
following meanings:
(1) "Bedrock" means any consolidated rock encountered in the place in which it was
formed or deposited and which cannot be readily excavated without the use of explo-
sives or power equipment.
(2) "Commission" means the Environmental Management Commission as organized under
Chapter 143B of the General Statutes.
(3) "Compliance boundary" means a boundary around a disposal system at and beyond
which groundwater quality standards may not be exceeded and only applies to facilities
which have received a pennit issued under the authority of G.S. 143-215.l_or Chapter
130A of the General · Statutes.
£4) 11Containinani '' means anv substance ()C~urnn ii fo groundwater 1n concentrations which
,., ,. exceed the groundwater quality standards specified in .0202 of this Rule:
lli "Corrective action plan" means a plan for eliminatin g sources of groundwater
.. . contamination or for achievin g groundwater quality restoration or both.
lfil "Director" means Director of the Division of Environmental Management .
tn "Division" means the Division of Environmental Management.
00 "Exposure pathway" means a course taken by ·a ·contaminant k way of a transport
medium after its release to the environment .
ID "Free product" means a non-a queous phase liquid which may be present within the
saturated zone or in surface water.
(i(jj "Fresh groundwaters" means those groundwaters having a chloride concentration
equal to or Jess than 250 mil1igrams per Jiter.
lffi "Groundwaters" means those v..·ateis occurring in the subsurface tiiidet saturated
t6rtditi6ns': -
(12) "Hazardous substance" means any substance as defined by Section 101(14) of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
· (CERCLA).
fijj "Licensed geologist" means a person who has been duly licensed as a geologist in
accordance with the requirements of Chapter 89E of the General Statutes.
(14) "Natural remediation" means those natural processes acting to •restore groundwater
quality, includin g dilution . filtration . sorption, ion-exchan ge . chemical transfonnation
and biode gr adation. ffs) "Practical Q uantitation tirrtit" means the fow~si fuhc~ntration of a gi~en .
material that can be reliabl y achieved among laborat01ies within sp ecified limits of
pfe8s16n fuia actiiiac'{; lii. a g;,;en anatmcat method aunng foui'ine iaboraio&
'1talvsis:
lj . z:1,1m,t ef Dete~mti•1 tee~~ ~e ;eme4 <1eteetiee H~t e~lii:i9hed ~the-.~
~P2\ a\'rPevetl ~p~~edttPC ~~#!4mg tb,e-1,~wei~ metlt·ed eet~tien, ~(M,-~
,. . ~es~eei ~~i~~-~-: .
{16) "Natural conditions" means the physical, biological, chemical and radiological
conditions which occur naturally. ir1J "Potable waters" means those waters suitable for d.Jinking by humans.
[1'8} "Professional Engineer" means a person who has been duly registered and licensed
as a professional en gineer in accordance with the re quirements of Cha pter 89C of the
General Statutes.
H'9) "Receptor" means !!!Y,.llhm'in : plant an1m'at or itiucture v.·hich ~ot has th~
j,otentia1 to be. adversel y effected bv the release or mi gration of contaminants'. An y
well constructed for the purpose of monitorin g groundwater and contaminant
boncentration s sbalJ pot be considered a rece ptor.
(20) "Review boundary" means a boundary around a pennitted disposal facility, midway
between a waste boundaIJ' and a compliance boundary at which groundwater
monitoring is required. -
{2t) "Saline groundwaters" means those groundwaters having a chloride concentration of
more than 250 mg,1.
l.22) "Saturated zone" means that part of the subsurface below the water table in which
all the interconnected voids are filled with water under pressure at or greater than
...... at111g~pheric. It __ ~c,e_s _n<?t incJ1:1~e _the c~pillary fringe. . . . . . .. . . . .. . ........... _
@. "Standards'1 means groundwaiet quality standards as specified in Rule .0202 of this
Subchapter.
(24) "Suitable for drinking" means a quality of water which does not contain sub
stances in concentrations which, either singularly or in combination if ingested into the
human body, may cause death, disease, behavioral abnonnalities, congenital defects,
genetic mutations, or result in an incremental lifetime cancer risk in excess of lxl0-6,
or render the water unacceptable due to aesthetic qualities, including taste, odor or
appearance.
{25) "Time of travel" means the time required for contaminants in groundwater to move a
unit distance.
(16) "Waste boundary" means the perimeter of the pennitted waste disposal area.
127) "Water table" means the surface of the saturated zone below which all intercon
nected voids are filled with water and at which the pressure is atmospheric.
History Note: Statutory Authority G.S. 143-214.1; 143-215; 1438-282;
Eff. June 10, 1979.
Amended Eff. · August 1, 1989;
July 1, 1988; March 1, 1985; September 1, 1984.
2
15A NCAC 2L .0103 has been amended with changes as published in 7:24 NCR 2671 as
folJows:
.0103 POLICY
(a) J'he rules established in this Subchapter are intended to maintain and preserve the
quality of the groundwaters, prevent and abate pollution and contamination of the waters of
the state, protect public health, and permit management of the groundwaters for their best
usage by the citizens of North Carolina. It is the policy of the Commission that the best us-
age of the groundwaters of the state is as a source of drinking water. These groundwaters
genera)]y are a potable source of drinking water without the necessity of significant treatment.
It is the intent of these Rules to protect the overall high quality of North Carolina's.
groundwaters to the level established by the standards and to enhance and restore the quality
of degraded groundwaters where feasible and necessary to protect human health and the envi-
ronment, or to ensure their suitability as a future source of drinking water.
(b) It is the intention of the Commission to protect all groundwaters to a Jevel of quality
at least as high as that required under the standards established in Rule .0202 of this Subchap-
ter. In keeping with the policy of the Commission to protect, maintain, and enhance ground-·
water quality within the State of North Carolina, the Commission will not approve any dispos-
al system subject to the provisions of G.S. 143-215.l which would result in:
(1) the significant degradation of groundwaters which have existing quality Jpat
is better than the assigned standard, unless such degradation is found to be
economically and socially justifiable, or
(2) a violation of a groundwater quality standard beyond a designate-cl compliance
boundary, or
(3) the impainnent of existing groundwater uses or an adverse impact on the public
health, safety or welfare.
(c) Violations of standards resulting from groundwater withdrawals which are in compli-
ance with water use permits issued pursuant to G.S. 143-215.15, shall not be subject to the
corrective action requirements of Rule .0106 of this Subchapter.
(d) No person shall conduct or cause to be conducted, any activity which causes the con-
centration of any substance to exceed that specified in Rule .0202 of this Subchapter, except
as authorized by the rules of this Subchapter.
(e) ·work performed pursuant to the regu°freinenf~ of this Subchapter which involves site
assessment. the interpretation of subsuiface geologic conditions, preparation of conceptual
corrective action plans or fil!Y_ work requiring detailed technical knowledge of site conditions
which is submitted to the Director. sha11 be perfonned l'?Y_persons, firms or professional corpo-
rations who are duly licensed to offer geological or engineering services QY.. the appropriate
occupational licensing board. Work which involves design of remedial systems or specialized
construction techniques shall be perfom:ied QY_persons, firms or professional corporations who
are duly licensed to offer engineering services. CoJJ)Orations that are authorized Jn:_Jaw to
perform engineering or geological services and are exempt from th·e Professional Corporation
Act, Chapter 558 of the General Statues, may perform these services.
3
History Note: Statutory Authority G.S. 143-214.l; 143-214.2; 143-215.3(e);
143-215.3(a)(l); 143B-282;
Eff. June 10, 1979;
Amended Eff. · August 1, 1989; July 1, 1988; September 1, 1984;
December 30, 1983 .
4
ISA NCAC 2L .0104 has been amended with changes as published in 7:24 NCR 2671-
2672 as foJiows:
~0104 RS RESTRICTED DESIGNATION (RS)
~~w.,, k '"·'"·. ~zu,;,/,'.Z'f.'//·'/'.;I' , .• !/, X?½ W .-"f,'."' .... ;Y///.~ 1/,l'.-~j,'. .,.-.,-:.,'/~M/.'/.',1//'•1/.(, '. '//':'~.¥q 'l.//.·,,,.,_,,.,.,,.,_, ·;.,._..,. -~.,_,.,,, • .,-1,,·. ½N'l. ~~/,".':'l"/h/;'0//1'· .. "'>:a-1/.',., ...... ,,,,..,,,. '-'//"'l'F/,/ ~--2 . · ,(!l) ;1ne . s a~ffination ,en1es !!_[warning ffiat eroifuowatet IQ..oesiciiairu rMv bor ~
"'"m-«fitffe toi ,~ Y. r annlaHE ~atet 1ufil)1v w1tfi8U:t treatment; the desigriaiMn is t~mwa&
lf,d !in ~-~· ~etfi~\1
~ ~}hd .. _ Difi?~fo~ ~6,~: ,i deterrni1fatiori that th~ 9tili1ihi .,~(~~ gi-btindwhld
so pesfarfated h.as beeii fesi&ed 'o. the leve.1 of the applicable standards or iivhtm -"-" . --. ~--...-~=.---_,;;_;;,.a.-.-,,;~.:~=--------f)r~ firi$uHd~a@'.g Ka~~· li¢n ied~~sifie a hf_ thB C'tfulhussidn';
The Director is authorized to designate GA or GSA groundwaters as RS under any of the
following circumstances:
(1) Where, as a resu1t of man's activities, groundwaters_ha~e' ~fri SortGffiffffg ~
the Director has approved ~ ~rleBfWe ~6i'i~ii p1an:· &r termination bf 86&eet1v6
i"Hon; Uiat tv.iti nM ~iiif fo th~ unm&tfate testoratiori of such groundwaters t6 ~
itan&irds es~~ ifocier this Sµbchaptef.f --
(2) \}\'here a statutory variance has been granted as provided in Rule .0113 of this
Subchapter.
(b) Groundwaters occunin g within an area defined QY. a compliance boundary .in a waste
disposal permit are deemed to be designated RS. ·
< c) The b8uiidarv oi a jle$1gl1afecl RS ~ea ma~ B~ approxfnf ateo H{ the ~bse'hc~ ~ Kiiafwt
~ tllif~' ~ilificitrtf to define the dime11~ bf the area: The houndafv shall be located at least
~50 feet froffi the ~dieted edge of th6 oorifufufuant phirne, and shall include' atiy areas intu
whidi th¢ c oiltam1riatioh &_ex pected to roigratcf; ·
(d) fa ~s designatbd RS; the person responsible for groundwater contamination
shall establish and.im plement a groundwater monitorin g system sufficient to detect chan ges in
groundwater quality within tbe RS designated area.· Monitorin g shall be 4uarleiiy for nit tfcii
~elir itid fiiliy b~ r&luced ttl ~~~riuatl ✓ thereafter until the applicable standards have been
achieved. If during the monitorin g period, contaminant concentrations increase, additional
remedial action ihd h.1orittonrig mav be required. as determined QY. the Director.
'e' Th~ iipptitani t6r iiri Rs deitgn~tibrt sha11 ~ls6 provide Written verification itiat iit .. i'lA -~-=___...._-~~'-~~------pid~ owiiert tvHlihi atid a'd fa6ent tQ..ihe.br®osed Rs atea h~ve b'een noHfled bf the~
ti'fres·ted M. He 'signati~
.. (fj The Division sha11 pi6,;1d~ public notice of the intent to designate .fil!Y_groundwater RS
Ui ~oc'ora~nce Witli the follo\\~tfg reguifomen®
(1) Notice shall be ublished at lelit 30. a;-1 ~rf& }~ ait'; f7FW6s&l tfrtit f~ij~
fii~~rtfiiic~ lrth tr-s~ f4~~2f5 ;4[1n";'~t'd~io~.~~ti~ ~h~i,,be--p~o~id~d t~-'11
pfbperty §wneli1&ntified pursuant lli paragraph{~} of thfs ~ufe and to the local
County Health Director and the chief administrative officer of the political
jurisdiction (s) in which the contamination occurs.
ill. The notice shall 6ontaffi tii~ foilowin'jf infomiatifun
{&name, address , and phone number of the agency issuin g the public
notice;
ml the location and extent of the desi gnated ~ . .
rci llib 60\ihi§ title riumbeti eouHtv tax' 1denttficaHofi it'.timB&J ~ tR'e pt'S'pe11Y
tai bobk iirid p·age ideritlfierg i ---.
5
illl_a brief descri ption of the action or actions which resulted in the
degr adation of groundwater in the area;
@actions or intended actions taken to restore groundwater quality;
(F) the si gnificance of the RS designation;
!Ql. conditions appJicable to removal of the RS designation;
ilil.address and phone number of i_bivision contact from wb'oni interested parties
may obtain further information.
ill The Director shall consider all re quests for a public hearin g, and if he determines
that there is significant public interest he sha11 issue pubJic notice and hold a public
hearin g in accordance with G.S 143-215.4(b) and .0113(e) of this Rule.
(4} these requirements Shall not ~ to groundwaters defined in paragraph !hl_ of this
Rule·.
History Note: Statutory Authority G.S. 143-214.1; 143-215.3(a)(]); 143B-282(2);
Eff. June 10, 1979;
Amended Eff. · December 1, 1989; August 1, 1989; December 30,
1983 .
6
15A NCAC 2L .0106 has been amended with changes as published in 7:24 NCR 2672-2676
as follows: ·
.0106 CORRECTIVE ACTION
(a) Where groundwater quality has been degraded, the goa1 of any required corrective
action shall be restoration to the 1eve1 of the standards. or as close1 y thereto as is economica1-
Jx__and tec~nologic_~ll y feasibl_e. In.all pases mvolviri g requests to the Director for approval Q.f
Fectiy~_action_plaris, fu:.Jetmiriat!o~ -~~ corrective action,_th~ responsibility for providing all
Jnfonnatton teg Utred ~ this Rule hes with the person(s) makmg the request.
(b) Any person conducting or controlling an activity which results in the discharge of a
waste or hazardous substance or oil to the groundwaters of the State, or in proximity thereto,
sha]l take immediate action to tenninate and control the discharge, mitigate any hazards result-
ing from exposure to the polJutants and notify the Division ·of the discharge.
_,. _(c)_~y person conducting or controlling an activity which bas rit>t been permittoo hi.the
bivision and which results in an increase in the concentration of a substance in excess of the
standardt othef thah a"gticiilturai pperaHons: sliliii: .
ill immediatel y notify the Division of the ietivi'ty ffi~t has resulted iri" the inc~ase and the contaminant concentration levels; · · t!) take immediate action to eliminate the source OT sources of contamination ;
(11 submit a report to the Director assessing the cause, significance and extent of the
Yiolation; and
@I im plement an approved corrective action plan for restoration of groundwater
quality in accordance with a schedule established by the Director; or his designee.
In establishing a schedu1e the Director. or his designee sha11 consider any
reasonable schedule proposed by the person submitting the plan. A report shall be
made to the Health Director of the county or counties in which the contamination
occurs in accordance with the requirements of Rule .0114(a ) in this Subchapter.
ffl) Afiy person furiductiri g 6r t6ntfolHn g in activit y which is conducted under the
authori ty of a permit issued !2Y_the :Oivi~ion and which resultsin m1_increase bi
bcmcentration bf a substance in excess of the standards:-
(.!) at or beyond~ review boundary, shall demonstrate, through predictive caJcula
tions or modeling, that natural site conditions, facility design and operational con
trots will prevent a violation of standards at the compliance boundary; or submit a
plan for alteration of existing site conditions, facility design OT operational controls
that wiJI prevent a violation at the compliance boundary, and implement that plan
upon its approval by the Director, or his designee.
(2) at or beyond a compliance boundary, shalJ assess the cause, significance
and extent of the violation of standards and submit the results of the investigation,
arid a plan and proposed schedule for corrective action to the Director...,or his.
designee. The pennittee shall implement the plan as approved by and in
accordance with a schedule established by the Director~ or his designee. In
establishing a schedule the Director.a or his designee shall consider any reasonable
Cei Frir i h~t]U£~Plt1~~?~f ~k~bit~TTftci ras: an acth;•iv &>nau·ctea unaer ihe
authority of a permit issued hi.the i>ivfslo11, and subject to subparagraph !41._is bne fot
7
~ich m-; permit has li&m issuea fuir~iuint 1o o:s. l43-2ts.n .
(2) the gennit v.,~ t>,rigi~a11y i~siied after December ~o: 19_83; . ····. __ ,, ., ·. .,,.,--: '.'·" ,.--
(3) the substance for which a st andard bas peen exceeded outside the compliance
~undary has been released to 'grmmdwater as a result of the permitted activity.
ia1i other activities shall fot the purpose of this Rule be deemed !!Qt.permitted hY
_ .. ,, ~Divisiori and subiect hi.the provisions of subparagraph {fl
ffi. Corrective action required fo)]owin g discove ry of the unauthorized release of a contami-
nant to the surface or subsurface of the ]and, and prior to or concurrent with the assessment
re quired in Paragraphs !£}_and 1f!i of this Rule, shall include. but is not limited to:
ill Prevention of fire, ex plosion or the spread of noxious fumes; ·
.Q)_Abatement , containment or control of the migration of contaminants ;
ill Removal , or treatment and control of !!!Y_primary pollution source such as buried
waste, waste stockp iles or surficia] accumulations of free products ;
ffiRemoval. treatment or control of secondary pollution sources which would be
potential continuin g sources of po1lutants ~ the groundwaters such as contaminated
soils and non-a queous phase li quids. Contaminated soils which threaten the quality
of groundwaters must be treated , contained or disposed of in accordance with
applicable rules and procedures established hY. the Division. The treatment or
dis posal of contaminated soils shall be conducted in a manner that will not result in
a violation of standards or North Carolina Hazardous Waste Mana gement rules.
&ii The site assessment conducted pursuant to the re quirements of Paragraph !£1. of this
Rule, shall include:
ill The source and cause of contamination ;
Ql_Any imminent hazards to public health and safety and actions taken to miti gate
them in accordance with Paragraph !fl of this Rule;
filAll receptors and si gnificant ex posure pathways;
ill_ The horizontal and vertical extent of soil and groundwater contamination and all
si gn ificant factors affectin g contaminant trans port; and
{a Geological and hvdro eeological features influencin g the movement , chemical. and
physical character of the contaminants.
Reports of site assessments shall be submitted to the Division as soon as practicable or in
accordance with a schedule established h_the Director , or his desi gnee. In establishin g !
schedule th~Director, or his designee shall consider !!lY_reasonable proposal hY. the person
submittin g the report.
(h) Corrective action plans for restoration of groundwater quality, submitted pursuant to
Paragraphs ,{fl and @l of this rule shall include:
ill A descri ption of the proposed corrective action and reasons for its selection.
ill S pecific plans, includin g engineering details where applicable, for restorin g ground
water quality.
ill A schedule for the im plementation and o peration of the proposed plan.
ffi A monitolin g plan for evaluating the effectiveness of the proposed corrective action
__ ,_. and the movement of the _ contaminant plume. .
ill In the evaluation of co1Tective action plans, the Director.2..or his desi gnee shall consid-
er the extent of any violations, the extent of any threat to human health or safety, the extent
8
of damage or potential adverse impact to the environment, technology available to accomplish
restoration.a the potential for de gradation of the contaminants in the environment. the time and
costs estimated to achieve groundwater quality restoration , and the public and economic bene-
fits to be derived from groundwater quality restorationi . ffl A corrective action plan ptepafed putsulnt !£_Paragraph le) ru: fdl of this ·Rufo !ID!fil
be im plemented using !hs_best avaiJable technology for restoration of groundwater quality to
the ~ of the standards ; except is provided i!,i paragraphs (k),(I), ind {mlbf this Rule~ _
. 00 Afly petson required to im plement ah approved corrective action plan foi a non~per~
jnltted site p~rsuant to this Rule m·ay request that the Director approve such !. plan without ...
feguirlng m:oundwater femeciiatfori to the standards·: A request iubmitted to the Director under
this J>aragraph shall mch.ide a d~scri i;>tion of site specific condition~. incJudin g information Q!!
Jhe ~vailabili fy Q[public water supplies for the affected area; the technical basis for the~--...
guest; and any other information recjuested hi. th·e Dire-etor to thorou ghl y evaluate the re quest:
In addition, the person making the request ~ dettionstrate fo the satisfaction of the Director.
Ill that an sources of contamination and free product haYe been removed m:
. controlled pursuant to Para gra ph Ifi_of this Rule; .
~j that the time and direction of contaminant travel eart be pre-dieted· with reasonable
~~--
0) that contaminari'ts li~t;t riot aid wiff £Jot fu1grat~ onto id jacent properties: bi th~t ..
(A) such pro:t,ertfos are served !?i ~n existfr1 g public water Supply system dependent
mi. surface waters fu bydraulicaU y isolated groundwater. QI ml the t>\1iners of such properties have consented iri writing to the reg"ii.est;
(4) that the standards specified in Rule .0202 of this Subchapter will be met !!...@
location !!Q. closer ihan one year time of travel upgradient of an existing or _ _ ..
foreseeable rece ptor , based on travel time and the natural attenuation capadty of
$Ubsurface materials or on a physical banier to gr oundwater mi gration that exists or
\vill be installed !!Y_ the person makin g the re quest; ts} that; if the contarriiriitrt plume ~ ~x pectedfo intercept fuifa.de waters ~ ~
p:roundwater discharge will not possess contamiriarit concentrations that would
result in ~iofations of standards for surface waters contained in I SA NCAC ---'-"-------"-------'=---'---~'-=----......a.=--------------~-------~ -------2B .0200; .·
i6) Uiat oubtit hoH8e ir the feq{reii Ra~ been prc>,;rae<1 iii a&ordin~ with Rufe
_ · 01 l 4(b) of this Subchapter.
ii) that the proposed corrective ~ctibn pfart \vc\utci ~ tb'nsistent with ah other
environmental laws }
ffj Arty person tegui~ lfu B1etEent iti appfu~ed oorrlcH<~e icHoii i,iaii tor a non~p&r~
fnittoo site pfirsuarii fo this Rule may tegri'est that the Director appro,,e such a plan based upori
natural processes of oe grada.tion and attenuation of contaminants. A request submitted fo !M
Director under this Paragraph shall iridude a descri ption of site specific conditions , inc1uding
lYtitteri documentation of projected ground\,~ater use in the . 6ontaminated area based ori ttittent
~ bi focal gdvernment planning efforts·; the technical basis for the request; and any oth~ .
inforin.atiori re quested h the Dfreitor fo tho1:oughly e,,aluate the request; In" addition ~ thd
person makin g the request must deinori"strate fo the satisfaction bf the Dfreclot
ill.that an sources of &>fifairlfriation arid fte~ product ha,1e been removed or
controlled pursuant fo Paragraph ffi. of this Rule}
9
fi> ttiai fh'e ronwninanf iw die ci&ztrv fo aegra4e or ahenuate under ihe
~o~ l~~.::clf:Je~::1:::~ioo ~cotitMnartf ffiivel cart ht predicted with reasonable ~~-----......... ~ .......... --==-~---~-=-===--------=::....::.==,;:,..
. tertainty;
@j thkt coniartilnanf fn{gi-atlori wili not ~lt in inv ~iolat'ion M aoolicabie
-fu'oundwater standards ai any existin g QLforeseeabJe receptor.
f$l that contaminants ha,,e not and wi11 not migrate onto ad iac-ent properl.es ~ Qt.that
{Al.such pfuperties are served by an-existin g pub1ic water suppty system_
dependent on surface waters or hydrau1ica11 y isolated groundwater, 6r
_ @) the owners of such properties have consented 1n writing to the request;
{6} that. if the contaminant plume is ex pected to intercept surface waters. the _ _
groundwater discharge will not possess conuiminant concentrations that would
result in irio1ations of standanis for surface waters contained in
1 SA NCAC 2B .0200:
{7) that the person ~ the tequest w1tf put m plact ! groundwater mon'itorin g
program sufficient to track the degradation and attenuation of contaminants and
contaminant by-prodticts withm and down gradient of the pJwne and to detect __
c-0ntaminants and contaminant by-products prior to their reachin g any existin g or
foreseeable receptor at least one yearfs time of travel upgradient of the rece ptor
and no greater than the distance the gro undwater at the contaminated site is
_ predicted to travel in five years; ,,_ _ .,, _ _ _ ___ ,, _ _ ___ _ _ _ __ _ _ _ , , ,, ___ _
ID that an necessary access ~gre-ements needed to monitor groundwater cjiiality pursu-ant to m_ above have been or can be obtained ; -
(9} that publfo notice of the reg~st has beeri provided fo accordance Y,'.ith Rule
.OJ 14 (b) of this Subcha pter; arid ff o) that the proposed corrective action plart would be 6onsi'sient with all other
\environmental Jawsi [m) ~~~; the Division or any person feguired io im plement an appro,;ed corrective action plan t'o'r a non -p ermitted site pursuant to this Rule may reguest that the Director approve ter~
minatfori df corrective actiort : n J A request submitted f3 th~ birecto·r under this Paragraph shan include:
@a discussion of the duration of the corrective action, the toial project's cost,
projected annual cost fot oontinuance and eva1uation of the success of the
corrective ifotion;
tm_ah evaluation of alternate treatment tecbnolo g'ies which could result in further
reduction of contaminant levels projected capital and annual operating costs fut
each technology; {C) effeds ~ includin g h'eaith and safetv im'i,acts: on &ouiidwaier users if oontamf2
hant le,1els remaiti at levels existin g at the time corrective action is tenninate d; and --
to >-an-v other it{forrriafforl te ,fuesied !?i. the bi.rector tB ihorouihii evaluate ili~
request
l25 tn addition ~ the p~tsSn ffiikfn g ll{e riciu-esi miist demonsiiafo to the saii'sracffofr ru
the Director:
-. -,· ,•••••,'•:..'''•••h •' •••• ••••••••••,,,_., .. ,,,, "✓-•~9,,,,,,,,-, :•,•,',?/~,. '•. J•• ••••• •• •• ••• •'. , •, 'I .•,,,,_','I,·~••·••
(Al that continuatioii of correcti\,:e action would not result in a si gnificant reduction
10
culture to assist the Division of Environmental Management in determining the cause of the
violation. If the violation is determined to have resulted from the use of pesticides, the Direc-
tor shall request the Pesticide Board to take appropriate regulatory action to control the use of
the chemical or chemicals responsible for, or contributing to, such violations, or to discontinue
their use.
_ fID the ipprovai rfursuaht to tfil~ section :o f06 or anv torrecti\ie action· plan. or ffiod1 ·fica-,ori Qt termination theteof. which peimits the migration of a contaminant onto adjacent prop-
~shall not affect any private right of action h_any t!fil1Y.. which may be effected l!Y_that
ppntaminaticin'
History Note: Statutory Authority G.S. 143-215.2; 143-215.3(a)(I); l43B-282;
Eff. August 1, 1989.
Amended Eff. · September 1, 1992
12
ISA NCAC 2L .0107 has been amended with changes as published in 7:24 NCR 2676-2677
as follows:
.0107 COMPLIANCE BOUNDARY
(a) For disposal systems individually pennitted prior to December 30, 1983, the compli-
ance boundary is established at a horizontal distance of 500 feet from the waste boundary or
at the property boundary, whichever is closer to the source.
(b) For disposal systems individuaH y pennitted on or after December 30~ 1983, a compli-
ance boundary shall be established 250 feet from the waste boundary, or 50 feet within the
property boundary, whichever point is closer to the source.
(c) The boundary shall be established by the Director.Lor his designee at the time of pennit
issuance. Any sale or transfer of property which affects a compJiance boundary shaJl be re-
ported immediately to the Director.Lor his designee. For disposal systems which are not gov-
erned by Paragraphs (e) or (f) of this Rule, the compliance boundary affected by the sale or
transfer of property will be re-established consistent with Paragraphs (a) or (b) of this Rule,
whichever is applicable.
(d) Except as provided in Paragraph 1&l. of this Rule, no water supply weJls shall be con-
structed or operated '\\cithin the compliance boundary of a disposal sy stem individuall y permit-
ted or re pennitted after January h, 1993.
(e) Except as provided in Param-a ph .(g}_ of this Rule, a pennittee shall not transfer land
within an established compliance boundary of a dis posal system p ermitted or repennitted after
January ..L.. 1993 unless:
(1) the land transferred is serviced by a community water system as defined in 15A
NCAC 18C, the source of which is located outside the compliance boundary; and
(2) the deed transfening the property:
(A) contains notice of the pennit. inc1uding the pennit number, a description of the
type of permit, and the name, address and telephone number of the pennitting
agency; and
(B) contains a restrictive covenant _running with the land and in favor of the permit-
tee and the State, as a third party beneficiary, which prohibits the construction
and operation of water supply wells within the compliance boundary; and · ·
(C) contains a restrictive covenant running with the land and in favor of the pennit-
tee and the State, as a third party beneficiary, which grants the 1ight to the per-
mittee and the State to enter on such property within the compliance boundary
________ for_ groundw_ater._monitoring and r~mediation purposes.
(f) ~x~pt as bro\;Jdeo 1n Paragraph {g)_ of this Ruie. if at the time a pennit is issued or
reissued after January 1, 1993, the pennittee is not the owner of the land within the compli-
ance boundary, it shall be a condition of the permit issued or renewed that the landowner of
the land within the compliance boundary, if other than the permittee, execute and file in the
Register of Deeds in the county in which the land is located, an easement running with the
land which:
(1) contains:
(A) either a notice of the permit, including the permit number,. a description of the
type of permit, and the name, address and telephone number of the permitting
agency; or
13
(B) a reference to a notice of the pennit with book and page number of its recorda-
tion if such notice is required to be filed by statute;
(2) prohibits the construction and operation of water supply wells within the
• compliance boundary; and
(3) reserves the right to the pennittee and the State to enter on such property within
·. the compliance boundary for groundwater monitoring and remediation purposes.
The easement ~ be tenninated h the Director when its purpose has been fut
filled or the need for the easement no longer exists. Under those conditions the
Director $ball, \mQiireguest hy_ the landowner, file a. document terminatin g the
easement with the appropriate Re gister of Deeds,
(g) The requirements of Paragraphs {Q.1.J.tl.and ffi. of this Rule are not app licable to
g round adsorp tion treatment sv stems servin g four or fewer single family dwe11in gs or
multiunit dwellin gs of four or fewer units .
.<h} The boundary shall form a vertical plane extending from the water table to the maxi-
mum depth of saturation.
ill For ground absorption sewage treatment and disposal systems which are permitted un-
der 15A NCAC l 8A .1900, the comp1iance boundary shaJI be established at the property
boundary .
.ill Penalties authorized pursuant to G.S. 143-215.6A(a)(l) wi]) not be assessed for viola-
tions of standards within a compliance boundary unless the violations are the result of viola-
tions of permit conditions or negligence in the management of the facility.
ill The Director shall require:
(1) that permits for all activities governed by G.S. 143-215.l be written to protect the
quality of groundwater established by applicable standards, at the compliance
boundary;
(2) that necessary groundwater quality monitoring shall be conducted within the
compliance boundal)'; and
(3) that a violation of standards within the compliance boundary resulting from
activities conducted by the permitted facility be remedied through clean-up,
recovery, containment, or other response when any of the following conditions
occur:
(A) a violation of any standard in adjoining classified gr oundwaters occurs or can
be reasonably predicted to occur considering hydrogeologic conditions,
modeling, or other available evidence;
(B) an imminent hazard or threat to the public health or safety exists; or
(C) a Yiolation of any standard in groundwater occurring in the bedrock other than
limestones found in the Coastal Plain sediments unless it can be demonstrated
that the violation wiU not adversel y a"ffect or have the potential to adversel y
affect a water supply well.
14
History Note: Statutory Authority G.S. 143-215.l(b); 143-215.3(a)(l); 143B-282;
Eff. August 1, 1989.;
Amended Eff. __ ,;, November 2, 1992
15
15A NCAC 2L .0109 has been amended with changes as published io 7:24 NCR 2677 as fol-
lows:
.0109 DELEGATION
(a) The Director is delegated the authority to enter into consent special orders under G.S.
143-215.2 for violations of the standards except when a public meeting is required as provided
in ISA NCAC 2H .1203.
(b) The Director is delegated the authority to prepare a proposed special order to be is-
sued by the Commission without the consent of the person affected and to notify the affected
person of that proposed order and of the procedure set out in G.S. 1 S0B-23 to contest the
proposed special order.
(c) The Director.:.. or his desi gnee shall give public notice of proposed consent special or-
ders as specified in 15A NCAC 2H .1203.
History Note: Statutory Authority G.S. 143-215.2; 143-215.3(a)(l); 143-215.3(a)(4);
Eff. August 1. 1989;
Amended Eff. · October I. 1990.
16
ISA NCAC 2L .0110 has been amended with changes as published in 7:24 NCR 2677 as fol-
lows:
.0110 MONITORING
(a) Except where exem pted ~statute or this Subcha pter, any person who causes, permits
or has control over any discharge of waste, or groundwater cleanu p program. shall install and
implement a monitoring system, at such locations, and in such detail, as the Director.L.or his
designee may require to evaluate the effects of the discharge upon the waters of the state,
including the effect of any actions ta.ken to restore groundwater quality, as well as the effi-
ciency of any treatment faciJity. ·The monitorin g plan shall be prepared under the res ponsible
charge of a Professional En gineer or Licensed Geologist and bear the seal of the same.
(b) Monitoring systems shall be constructed in a manner that will not result in the con-
tamination of adjacent groundwaters of a higher quality.
(c) Monitoring shall be conducted and results reported in a manner and at a frequency
specified by the Director.a.. or his designee.
History Note: Statutory Authority G.S. 143-215.l(b); 143-215.3(a){l);l43-215.65;
143-215 .66; l 43B-282;
Eff. August 1, 1989.
Amended Eff. __ _,
17
15A NCAC 2L .0111 has been amended with changes as published in 7:24 NCR 2677-2678
as follows:
.0111 REPORTS
~ Any person subject to the requirements for corrective action specified in Rule .0 l 06 of
this Subchapter shall submit to the Director, in such detail as the Director may require, a writ-
ten report that describes:
(l) the results of the investigation specified in Paragraphs !£)__and@ of Rule .0106,
including but not limited to:
~ a description of the sampling procedures followed and methods of
chemical analyses used; and
!ID all technical data utilized in support of any conclusions drawn or
detenninations made.
(2) the results of the predictive calculations or modeling, including a copy of the
calculations or model runs and all supporting technical data, used in the
demonstration required in Paragraph@ of Rule .0106; and
(3) the proposed methodology and timetable associated with the corrective action for
those situations identified in Paragraph {c) and @ of Rule .0 l 06.
flu The report shall be prepared under the res ponsible charge of a Professional En g ineer or
Licensed Geolo gist and bear the seal of the same as specified in Rule .0106 ~
History Note: Statutory Authority G.S. 143-215.l(b); 143-215.3(a)(l); 143-215.65;
143B-282;
Eff. August 1. 1989 .
Amended Eff.
18
15A NCAC 2L .0112 has been amended with changes as published in 7:24 NCR 2678 as
follows:
.0112 ANALYTICAL PROCEDURES
Tests or analytical procedures to detennine compliance or noncompliance with the standards
established in Rule .0202 of this Subchapter will be in accordance with:
( 1) T,h~ niost sensitive of the following methods or procedures for substances where the
st andard is at or above the method detection limit value:
(a) [he inost reedit version ![_Standard Methods for the Examination of Water and
Wastewater, published jointly by American Public Health Association, American
Water Works Association and Water Pollution Control Federation; . ·
(b) Methods for Chemical Analysis of Water and Waste, 1979, U.S. Environmental
Protection Agency publication number EPA-600/4-79-020, as revised March 1983;
(c) Test Methods for Evaluating Solid Wastes: Physical/Chemical Methods, 3rd Edi
tion, 1986, U.S. Environmental Protection Agency publication number SW-846;
(d) Test Procedures for the Analysis of Pollutants Under the Clean \Vater Act, Federal
Register Vol. 49, No. 209, 40 CFR Part 136, October 26, J 984;
(e) Methods or procedures approved by letter from the Director upon app1ication by
the regulated sourcei_i .
(2) A method or procedure approved by the Director for substances where the standard
is less than the method detectioll iimft fatue.
History Note: Statutory Authority G.S. 143-215.3(a)(l); 143B-282;
Eff. August J, 1989
Amended Eff.
19
15A NCAC 2L .0113 has been amended with changes as published in 7:24 NCR 2678-2680
as follows:
.0113 VARIANCE
(a) The Commission, on its own _initiative _or pursuant to a r~quest under G.S;
143-215.3(e), may grant variances to {he ntld of this Subchapter~
(b) Requests for variances are filed by letter from the applicant to the Environmental
Management Commission. The application should be mailed to the chairman of the Commis-
sion in care of the Director, Division of Environmental Management, Post Office Box 29535~
Raleigh, N.C. 27626-0535.
(c) The application should contain the following information:
(I) Applications filed by counties or municipalities must include a resolution of the
County Board of Commissioners or the governing board of the municipaJity
requesting the variance~
(2) A description of the past, existing or proposed activities or operations that have or
would result in a discharge of contaminants to the groundwaters.
(3) Description of the proposed area for which a variance is requested. A detailed
location map, showing the orientation of the facility, potential for groundwater
contaminant migration, as we11 as the area covered by the variance request, with
reference to at least two geographic references (numbered roads, named
streams 1rivers, etc.) must be included.
(4) Supporting information to establish that the variance wi11 not endanger the public
health and safety, including health and environmental effects from exposure to
groundwater contaminants. (Location of wells and other water supply sources
including details of well construction within 1/2 mile of site must be shown on a
map).
(5) Supporting information to establish that re quirements of the Rule cannot be
achie\'ed by providing the best available technology economically reasonable. This
!~f'?_rmatio~-!Il~st i,d_e~!!!)', ~P~~!~c .!e~~nol?,gy . ~~~~~:r~, _and the co~ts of
1mplementmg the technofogy and the impact of the costs on the apphcant.
(6) Supporting information to establish that compliance would produce serious hardship
on the applicant.
(7) Supporting information that compliance would produce serious hardship without
equal or greater public benefit.
(8) A copy of any Special Order that was issued in connection with contaminants in
the proposed area and supporting information that applicant has complied with the
Special Order.
(9) A list of the names and addresses of any property owners within the proposed area
of the variance as well as any property owners adjacent to the site covered by the
vanance.
(d) Upon receipt of the application, the Director wilJ review it for completeness and re-
quest additional info1mation if necessary. When the application is complete, the Director shall
give public notice of the appJication and schedule the matter for a public hearing in accor-
dance with G.S. 143-215.4(b) and the procedures set out in Paragraph {dof this Rule.
(e) Notice of Public Hearing.
20
(1) Notice of public hearing on any ,•ariance application sha11 be· circulated in the
geographical areas of the proposed variance by the Director at least 30 days prior
to the date of the hearing:
(A) by publishing the notice one time in a newspaper having general circulation in
said county;
(B) by mailing to the North Carolina Department o(.Environrnent , Health , and Nat-
ural Resources, Division of Environmental Health and appropriate local health
agency;
(C) by mailing to any other federal, state or local agency upon request;
(D) by mai1ing to the local governmental unit or units haYing jurisdiction over the
geographic area covered by the variance;
(E) by mailing to any property owner within the proposed area of the variance, as
welI as any property owners adjacent to the site covered by the variance; and
{F) by mailing to any person or group upon request.
(2) The contents of public notice of any hearing shall include at least the following:
(A) name, address, and phone number of agency holding the public hearing;
(B) name and address of each applicant whose application will be considered at the
meeting; _ ... ,., .....
(C) brief summary of the variance rtcjuesfi
(D) geographic description of a proposed area for which a variance is requested;
(E) brief description of activities or operations which have or wil1 result in the
discharge of contaminants to the groundwaters described in the variance
application;
(F) a brief reference to the public notice issued for each variance application;
(G) information regarding the time and location for the hearing;
(H) the purpose of the hearing;
(I) address and phone number of premises at which interested persons may obtain
further information, request a copy of each application, and inspect and copy
forms and related documents; and
(J) a brief description of the nature of the hearing including the rules and
procedures to be foUowed. The notice shall also state that additional informa-
tion is on file with the Director and may be inspected at any time during
normal working hours. Copies of the information on tile will be made
available upon request and payment of cost or reproduction.
(f) All comments received within 30 days following the date of the public hearing shall
be made part of the application fi1e and sha11 be considered by the Commission prior to taking
final action on the application.
(g) In determining whether to grant a variance, the Commission shall consider whether the
applicant has comp1ied with any Special Order, or Special Order by Consent issued under
G.S. 143-215.2.
(h) If the Commission's final decision is unacceptable, the applicant may file a petition for
a contested case in accordance with Chapter 150B of the General Statutes. If the petition is
not filed v.ithin 60 days, the decision on the variance shaU be final and binding.
(i) A variance sha11 not operate on a defense to an action at law based upon a public or
private nuisance theocy or any other cause of action.
21
History Note: Statutory Authority G.S. 143-215.3(a)(l); 143-215.3(a)(3);
143-215.3(a)(4); 143-215.3(e); 143-215.4;
Eff. August 1, 1989.
Amended Eff.
22
15A NCAC 2L .0114 has been adopted with changes as published in 7:24 NCR 2680 as fol-
lows:
.0114 NOTIFICATION RE QUIREMENTS
!!) Any person sub ject to the requirements of Rule .0J06(c ) of this Subchaptei-shall sub-
mit to the local Health Director,_and the chief administrative officer of the political jurisdic-
tion(s} in which the groundwater contamination has occurre<t Lreport that describes:
ill The area extent of the contaminant plume;
ill The chemical constituents in the groundwater which exceed the standards des·cribed
in Rule .0202 of this Subchapter;
ill Actions taken and intended to miti gate threats to human health;
ffi The location of any we1Js installed for the purpose of monitorin g the contaminant
plume and the frequency of sampling.
The report described in this Rule shall be submitted no later than five ;,-oridng da y s
after submittal of the com pleted report assessin g the cause, si gn ificance and extent of the
violation as required ~Rule .0106(c).
{bl Any person \1/ho ~bmits a reque~ wider Rule ]H 06 (kl. dt 2i:.Cm)
sha11 D(?tify the local Health Director and the chief administrative officer of the p olitical juris-
dictionfsj in which the contaminant plume occurs, and a11 property owners and occu pants
within or conti guous to the area underlain ~the contaminant plume, and under the areas
where it is ex pected to mi grate , of the nature of the re quest and reasons supporting it. Notifi-
cation sha11 be made bv certified mail concurrent with the submittal of the re quest to the Di-
rector. A final decision .QY.. the Director sbal1 be postponed for a period of 30-days followin g
receipt of the re quest so that the Director may consider comments submitted 1?:t_individuals fo-
ierested iri the request.
{c)Any person whose rtgue'st hnder Rufe ~of66 ru: ~or {m) is granted by the Director
shall notify parties specified in Paragraph (b) of this Rule of the Director's decision. Notifica-
tion shall be made by certified mail within 30 days of receipt of the Director's decision.
History Note: Statutory Authority G.S. 143-214.l ; 143-215.3(a)(1): 143B•282(2 )b:
Eff.
23
.0200 -CLASSIFICATIONS AND CiROUNDWAtER QUALITY STANDARDS
15A NCAC 2L .0201 has been amended with changes as published in 7:24 NCR 2680-2681
as follows:
.0201 GROUND\\'ATER CLASSIFICATIONS
The classifications which may be assigne-d to the groundwaters will be those specified in
the following series of classifications:
(1) Class GA groundwaters; usage and occurrence:
(a) Best Usage. Existing or potential source of drinking water supply for humans.
(b) Conditions Related to Best Usage. This class is intended for those groundwaters
in which chloride concentrations are equal to or less than 250 mg/I, and which are
considered suitable for drinking in their natural state, but which may require
treatment to improve quality related to natural conditions.
( c) Occurrence. In the saturated zone.
(2) Class GSA groundwaters; usage and occurrence:
(a) Best Usage. Existing or potential source of water supply for potable mineral water
and conversion to fresh waters.
(b) Conditions Related to Best Usage. This class is intended for those groundwaters in
which the chloride concentrations due to natural conditions is in excess of 250
mg/1, but which otherwise may be considered suitable for use as potable water after
treatment to reduce concentrations of naturally occurring substances.
( c) Occurrence. In the saturated zone.
(3) Class GC groundwaters: usage and occurrence:
(a) Best Usage. The best usage of GC groundwaters is as a source of water
supply for purposes other than drinking.:....includin g other domestic uses !!y_humans.
(b) Conditions Related to Best Usage. This class includes those groundwaters that do
not meet the quality criteria for GA or GSA groundwaters and for which efforts to
im prove groundwater quality would not be technologically feasible, or not in the
best interest of the public. Continued consum ption of waters of this class h_
humans could result in adverse health affects.
(c) Occurrence. Groundwaters of this class may be defined by the Commission on a
case by case basis.
History Note: Statutory Authority G.S. 143-214.1; 1438-282(2);
EfT. June 10, 1979;
Amended Eff._; August l, 1989; September 1, 1984; December 30, 1983.
24
15A NCAC 2L .0202 has been amended with changes as pubJished in 7:24 NCR 2681-2683
as follows:
.0202 GROUND\\'A TER QUALITY STANDARDS
(a) The groundwater quality standards for the protection of the groundwaters of the state
arc those specified in this Ruk They are the maximum allowable concentrations resulting
from any discharge of contaminants to the land or waters of the state, which may be tolerated
without creating a threat to human health or which would · otherwise render the groundwater
unsuitable for its intended best usage.
(b) The groundwater quali ty standards for c-0ntaminants specified in Paragraphs (g)
and (h) of this Rule shalJ be as listed, except that:
(1) Where the standard for a substance is Jess than the practical q uantitation ·Jimit, the
detection of that substance at or above the p ractical quantitation limit shall
constitute a violation of the standard.
(2) Where two or more substances exist in combination, the Director shall consider
the effects of chemical interactions _as determined kthe Division of Epidemiology
and may establish maximum concentrations at values less than those established in
accordance with Paragraphs (c) and (g) of this Rule. In the absence of information
to the contrary, the carcinogenic risks associated with carcinogens present shall be
considered additiYe and the toxic effects associated with non-carcinogens present
shaU also be considered additive.
(3) Where naturally occurring substances exceed the established standard, the standard
will be the naturalJy occurring concentration as determined by the .Director.
(c) Except for tracers used in concentrations which have been determined h.the Division
of Epidemiology to be protective of human health, and the use of which has been p ermitted
h. the Dh1 ision. substances which are not naturally occurring and for which no standard is
specified shall not be permitted in detectable concentrations in Class GA or Class GSA
groundwaters. Any person may petition the Director to estabJish an interim maximum allow-
able concentration for an unspecified substance, however, the burden of demonstrating those
concentrations of the substance which correspond to the levels described in Paragraph (d) of
this Rule rests with the petitioner. The petitioner shall submit relevant toxicological and epi-
demiological data, study results, and calculations necessary to establish a standard in accor-
dance with the procedure prescribed in Paragraph (d) of this Rule. Within three months after
the establishment of an interim maximum allowable concentration for a substance by the Di-
rector, the Director shall initiate action to consider adoption of. a standard for that substance.
(d) Groundwater quality standards for substances in Class GA and Class GSA
groundwaters are established as ihe lesser of:
(1) Syst~mic threshold concentration ca1cufated as foJlows: [Reference Dose
(mg/kg/day) x 70 kg (adult body weight) x Relative Source Contribution (.1 O_ for
inorganics; .20 for organics)] / [2 liters/day (avg. waterconsumption)];
(2) Concentration which corresponds to an incremental lifetime cancer risk of lxl0·6;
(3) Taste threshold limit value;
(4) Odor threshold limit value;
(5) Maximum contaminant level; or
(6) National secondary drinking water standard.
25
(e) The following references, in order of preference, shall be used in establishing concen-
trations of substances which correspond to levels described in Paragraph (d) of this Rule.
(1) Integrated Risk Information System (U.S. EPA).
(2) Health Advisories (U.S. EPA Office of Drinking Water).
(3) Other health risk assessment data published by U.S. EPA.
<4
) ~s>:r~i:~i~i~!e~~f!~_.i~h~J~~~~stbt~:~:nl~~~:i ical data. @P. . .. . ,. . .. ., . . . y '• .. peer. . . , . . . . p . . . . . g ,, ..
(f) Groundwater quality standards specified in Paragraphs (g) and (h) of this Rule and
interim maximum allowable concentrations established pursuant to Paragraph (c) of this Rule
shall be reviewed on a biennial basis. Appropriate modifications to established standards will
be made in accordance with the procedure prescribed in Paragraph (d) of this Rule where
modifications are considered appropriate based on data published subsequent to the previous
review.
(g) Class GA Standards. Where not otherwise indicated, the standard refers to the total
concentration in milligrams per liter of any constituent in a dissolved. colloidal or particulate
forrn which is mobile in groundwater. This does not ~ to sediment or other particulate
matter which is preserved in a groundwater sample as a result of well construction or sam-
Iili!!g procedures.
ill acetone: 0.7
ill acrylamide (propenamide): 0.00001
ill arsenic: 0.05
ffi barium: 2.0
ill benzene: 0.001
1fil bromoforrn (tribromomethane): 0.00019
ill cadmium: 0.005
.(fil carbofuran: 0.036
12.} carbon tetrachloride: 0.0003
.(!fil chlordane: 2. 7 x l 0·5
.Ll.ll chloride: 250.0
01.} chlorobenzene: 0.05
!1l) chloroform (trichloromethane): 0.00019
f.W 2-chlorophenol: 0.0001
@ chromium: 0.05
ilfil cis-1,2-dichloroethene: 0.07
ilfil color: 15 color units
@ copper: 1.0
(20) cyanide: 0.154
@ 2, 4-D (2,4-dichlorophenoxy acetic acid): 0.07
Ql} 1,2-dibromo-3-chloropropane: 2.5 x 10·5)
(23) dichlorodifluoromethane (Freon-12; Halon): 1.4
fl!Llidichloroethane: 0.7
@ 1 ,2-dichloroethane (ethylene dichloride): 0.00038
(26) 1,1-dichloroethylene (Yinylidene chloride): 0.007
(27) 1,2-dichloropropane: 0.00056
(28) di-n-butyl (or dibutyl} phthalate (DBP): 0.7
26
(29) dieth y l phthalate (DEP ): 5.0
.<lQl di (2-eth y1hex yl) phthalate (DEHP ): 0.003
Ql} p-dioxane (1,4-diethylene dioxide): 0.007
(32) dioxin: 2.2 x 10-10
fill dissolved solids (total): 500
{34) endrin: 0.002
~ epich)orohydrin (l-chloro-2,3-epoxypropane): 0.00354
(36) ethylbenzene: 0.029
(37) ethylene dibromide (EDB; 1,2-dibromoethane): 4.0 !,.IO·'
(38) ethylene glycol: 7.0
(39) fluoride 2.0
(40) foaming agents: 0.5
~ gross alpha (adjusted)particle activity (excluding radium-226 and
uranium): 15pCi/l
(42) heptachlor: 8.0 !.. 10-6
(43) heptachlor epoxide: 4.0 !.. I o-6
~heptane: 2.1
(45) hexachlorobenzene (perchlorobenzene): 0.00002
(46) n-hexane: 0.42
(47) iron: 0.3
(48) lead: 0.015 .
(49) lindane: 2.0 !,_104
(50) manganese: 0.05
ill.) mercury: 0.0011
(52) metadichlorobenzene (l ,3-dichlorobenzene ): 0 .62
{ill methoxychlor: 0.035 .
1H) methylene chlori<:{e (dichloromethane): 0.005
(55) methyl ethyl ketone (MEK; 2-butanone): 0.17
(56) methyl tert-butyl ether {MTBE): 0.2
!fl} nickel: QJ.
(58) nitrate: (as N) 10.0
{W nitrite: (as N) J .0
(60) orthodichlorobenzene (l,2-dichlorobenzene): 0.62
.{filj oxamyl: 0.175
(62) paradichlorobenzene (l,4-dichlorobenzene): 0.075
{fill pentachlorophenol: 0.0003
(64) pH: 6.5 -8.5
(65) radium-2~6 and radium-228 (combined): 5 pCi/1
(66) selenium: 0.05
(67) silver: 0.018
{68) styrene (ethenylbenzene): 0.1
(69) sulfate: 250.0
iZQ} tetrachloroethylene (perchloroethylene; PCE): 0.0007
!1ll toluene (methylbenzene): LO
(72) toxaphene: 3.1 x 10·5
27
(ill 2, 4, 5,-TP (Silvex): 0.05
~ trans-1,2-dichloroethene: 0.07
ill.11, 1, I-trichloroethane (methyl chloroform): 0.2
{Zfil trichloroethylene (TCE): 0.0028
.CT1l_trich1orofluoromethane: 2.1
(78) vinyl chloride (chloroethylene): 1.5 x 10-5
(79) xylenes (o-, m-, and p-): 0.53
(80) zinc: 2.1
(h) · Class GSA Standards. The standards for this class shall be the -same as those for
Class GA except as follows:
(I) chloride: allowable increase not to exceed I 00 percent of the natural quality
concentration.
(2) total dissolved solids: I 000 mg/I.
(i) Class GC Waters.
(1) The concentrations of substances which, at the time of classification exceed the
standards applicable to Class GA or GSA groundwaters shall not be caused to
increase. nor shall the concentrations of other substances be caused to exceed the
GA or GSA standards as a result of further disposal of contaminants to or beneath
the surface of the land within the boundary of the area classified GC.
(2) The concentrations of substances which, at the time of classification, exceed the
standards applicable to GA or GSA groundwaters sha11 not be caused to migrate as
!_result of activities within the boundarv of the GC classification. so as to violate
the groundwater or surface water quality standards in adjoining waters of a
different class.
(3) Concentrations of specific substances, which exceed the established standard at the
time of classification, sha11 be listed in Section .0300 of this Subchapter.
History Note: Statutory Authority G.S. 143-214.1; 143B-282(2);
Eff. June 10, 1979;
Amended Eff. : September 1, 1992; August I, 1989;
September 1, 1984; December 30, 1983.
28
Proposed Amendment to 15A NCAC 2L . 100: Groundwater Classifications and
Standards
TO BE INSERTED AT THE END OF2L .0106(c):
"For the purposes of subparagraphs (c) and (d), an activity conducted under the authority
of a permit issued by the Division, and subject to subparagraph (d), is one for which:
(i) a permit has been issued pursuant to G. S. 143-215.1;
(ii) the pennit was originally issued after December 30, 1983;
(iii) the substance for which a standard has been exceeded outside the compliance
boundary has been released to groundwater as a result of the pennitted activity.
All other activities shall for the purpose of this Rule be deemed not pennitted by the
Division and subject to the provisions of subparagraph (c)."
1(;..7/'l3
MEMORANDUM
TO:
FROM:
SUBJECT:
THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE
ENROLLMENT SERVICES
March 4, 1993
David Hance
Kathy Jackson
Room Confirmation
I have reserved, as per your request, the Humanities Lecture Hall for
Wednesday, April 21, 1993 from 7:00 pm until 11:00 pm for the NC Division of
Environmental Management -Groundwater Section's public hearing on Groundwater
Rules, Enclosed you will find copies of the rental agreement. Although there
is no charge, please sign and return two of the copies to me as soon as
possible. Also enclosed you will find copies of the campus map. Feel free to
duplicate them if you need to do so. You will also need to notify the Campus
Security Office at [phone] to obtain parking permits, If you have any
questions, please feel free to call me or Marilyn Lonon at [phone],
KEY .TO CAMPUS BUILDINGS ~<\}~,:-
;?if ~i~]~~~f\;]: .•. •· ... ·· "\~ii
GV Governors-Village Residence Halls: • -,:;:
a Swain Hall f Moore Hall
b Aycock Hall h Ashe Hall
c Craig Hall i Hoey Hall
d Gardner Hall j Vance Hall
e Scott Hall (Security Office)
PARKING ZONE DESIGNATION
HC
HI
HLH
JG
KH
LH
MH
OH
Highsmith University Center
Highrise Hall
Humanities Lecture Hall
Justice Gym
Karpen Hall
Lipinsky Hall
Mills Hall
Owen Hall
:;:-, .. ;
.)ff
:-:-;(/;pH Phillips Hall
->)P Physical Plant
· . : RBH Robinson Hall
RH Rhoades Hall
. ·RL Ramsey Library
WHC Weizenblatt Health Center
ZH Zageir Hall
Unless otherwise design a ted by signs or directives, the foll o wing :ones are Jes ignaced by painted lines and/o r curbs:
Student Parking
Faculty/Scaff Parking
Emergency/Serv ice Vehicle Parking
Handicapped Parking
No Parking
Parking Zone Map Key
Student Parking
Faculty/Scaff Parking
Open Parking
Motorcycle Parking
Visitor Parking
Under Construction
-0· UNd~~
\'(/hire
Green
Red
Blue
Yellow
Odd numbers
Even numbers
A,B,C
M
Visitor
Shaded area on map
THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
August 3, 1993
MEMORANDUM
TO: STEVEN LEVITAS
FROM: ARTHURMOUBERRY
SUBJECT: CHANGES MADE TO 15A NCAC 2L BY THE ENVIRONMENTAL
MANAGEMENT COMMISSION
The Environmental Management Commission on July 26, 1993, accepted the Hearing
Officer's recommendation to approve the proposed amendment to 15A NCAC 2L with the
following changes:
RULE
(1) .0104( d) ---------
(2) .0106( d) ---------
(3) . 0106( e) ---------
( 4) .0106(i) ---------
(5) .0106G),(k),(l)(2) ---------
( 6) .0106(1) ---------
(7) .0106(p) ---------
cc: Preston Howard
CHANGE
Delete this paragraph.
Insert ( 1) and (2) where (A) and (B) are being deleted.
Add a provision allowing facilities pe1mitted
pursuanttoG.S.143-215.1 priort0Janua1yl, 1984,to
make use of Corrective Action Plans that allow
remediation to a level different than the groundwater
standard or to approve the use of natural remediation.
Termination of corrective action provisions specified in
the proposed mle could also be utilized by this group of
facilities ..
Reference paragraph ( d) as well as ( c)
Change the term "demonstrate" to "demonstrate to
the satisfaction of the Director"
Change the phrase "Any person ... " to "The Division
or any person ... "
Add the following paragraph: "The approval
pursuant to this section .0106 of any corrective action
plan, or modification or te1mination thereof, which
permits the migration of a contaminant onto adjacent
property, shall not affect any private right of action by
any party which may be effected by that contamination."
MEMO
DATE: ____ _
TO : _______ _ SUBJECT: ____ _
/I
?u l~ , ()/06 {j)-::> 7k_ 'Ilv1~1CJY!
From: _______ _
~ .. = ... ~-~STA.Ti~ ..... , -•.~.
f~ ~) North Carolina Department of Environment,
:,'G _7/ Health, and Natural Resources @ PnntedonRecycledPape
·,,"-,~~~ ... ~.;.~·..;,,--
c:!5tate of cfV o'ith Ca'iofina
'3£nnal Cou'tt of :J.u1.tic£
CARROLL EDMONDSON
GROur,owATER SECTION
RALEIGH, NC
:Judicial '.£){,j,hict q.!B -c:!Su.pe'iio'l. Cou.7.t FRANKLIN FREEMAN. DIRECTOR
ADMINISTRATIVE OFFI C E OF THE COURTS TRIAL COURT ADMINISTRATOR
ONSLOW COUNTY COURTHOUSE
625 COURT STREET
JACKSONVILLE. N. C. 28540-4797
PHON E : [phone]
Mr. David Hance
February 24, 1993
Department of Environmental Management-Groundwater
P.O. Box 29535
Raleigh, NC 27626-0535
Re: Directions to Onslow County Courthouse
Dear Mr. Hance:
JAMES R. STRICKLAND
SENIOR RESIDENT SUPERIOR COURT JUDGE
KENNETH W . TURNER
CHIEF DISTRICT COURT JUDGE
We have reserved the large courtroom on the second floor of the old
courthouse from 7:00-10:00 p.m. on April 1, 1993 for the DEM public
hearing. The old courthouse is at the corner of Court Street and Old
Bridge Street. Public parking is available behind the courthouse.
I assume you will be coming into Jacksonville on Highway 24 since I-
40 has a Hwy 24 exit. When you get into Jacksonville on Hwy 24, you can
either stay in the far right lane and take the fork in the road to the
right and reach the courthouse by Old Bridge Street or turn right at the
stoplight by Bojangles and reach the courthouse by Court Street. I have
attached a rudimentary map for your convenience.
Sincerely,
Carroll Edmondson
Trial Court Administrator
DIRECTIONS TO PUBLIC HEARING ON
SUBCHAPTER 2L
WILLIAMSTON; APRIL 5, 1993 AT 7:00 PM
MARTIN COMMUNITY COLLEGE
FROM RALEIGH: Take U.S. 64 East go toward Williamston, N.C.
Go past large cemetery on left then travel 3
miles. Turn right on Kehukee Park Road. The
college is at the corner. (college phone:
[phone]).
WILLIAMSTON
. -:-.:.· ..:~: '}::~~~ -
KEY.TO CAMPUS BUILDINGS·:.< ":-';*t: ~¥;t;~?i~ttfkf e•· •.·· .. •.•·•·· .. ·.· .. ···•~· .~,.
GV . Governo~ Village Residence Halls: . <~
a Swain Hall f Moore Hall
b Aycock Hall h Ashe Hall
c Craig Hall i Hoey Hall
d Gardner Hall i Vance Hall
e Scott Hall (Security Office)
PARKING ZONE DESIGNATION
HC
HI
HLH
JG
KH
LH
MH
OH
Highsmith University Center
Highrise Hall
Humanities Lecture Hall
Justice Gym
Karpen Hall
Lipinsky Hall
Mills Hall
Owen Hall
·-·l.
. -.~ ;--:.:--
•It:,;. --~.:):::".;.
· \(/.'!pH Phillips Hall
'.·.:.')pp Physical Plant
. RBH Robinson Hall
. RH Rhoades Hall
'RL Ramsey Library
WHC Weizenblatt Health Center
ZH Zageir Hall
Unless otherwise designated by signs or Jireccive s . che following :ones are Jes ignaced by ~1ainced l ines and/or curbs:
Srudenc Parking
Faculty/Staff Parking
Emergency/Service Vehicle Parking
Handicapped Parking
No Parking
Parking Zone Map Key
Student Parking
Faculty/Scaff Parking
Open Parking
Motorcycle Parking
Visitor Parking
Under Construction
1.:-~ .. UNCfl:
\Vhite
Green
Red
Blue
Yellow
Odd numbers
Even numbers
A,B,C
M
Visitor
Shaded area on map
THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE
Attachment for 1'SA NCJ\C 2L .0102; .0103; .0104; .0106; .0107; .0109;
.0110; .0111; .0112; .0113; .0114; .0201;
.0202
Itan.s #4 through #6
'!he following public .hearing dates and locations have been scheduled
for am are shown below:
JAO<SONILLE
April 1, 1993
7:00 1?M
Qlslow OJtmty
Courthouse
Old Courthouse
625 Court street
SALISBURY
April 20, 1993
7:00 PM
WILLIAMSirn
April 5, 1993
7:00 PM
Martin OJtmty
Camumity Colleg-e
College Auditorium
Kehukee Park Road
ASHEVILLE
April 21 , 1993
7:00 PM
RALEIGH
April 7, 1993
7:00 PM
Ground Floor
Hearing Rcx:m
Archdale Building
512 N. salisbury St .,
RcMan--caharrus Comumity College
Teaching Auditorium
Jake Alexander Blvd. and I-85
UNC-ASHE.VILLE
cannichael Lecture Hall
1 University Heights
Item #8 carment Procedures:
Notice is hereby given of a series of public hearings to be held by
the Divisian of Envircnnental Management, an behalf of the Envircwnental
Management camri.ssian (EM:) , to cx::nsider amendrrents to 1 SA !IC.AC 2L,
Groundwater Classificatian and Standards. '!he purpose of the proposed
arrendrnents is to improve the processes required to be follCMed in cleaning
up groundwater ccntaminatian and providing protection for groundwater that
is being used, or may potentially be used for drinking water. 'Ib accanplish
this objective, definitians have been added, sane clean up activities have
been restricted to perSC11S licensed by professional boards; and
requirements for designatian of RS(Restricted) groundwaters are clarified
and extended to include m:ni taring arrl notice requirements. Corrective
actian requirements are rewritten to include mininrum cleanup requirements,
infonnatian that rrust be included in cleanup plans, requirements for the
use of best available technology, procedures for requesting alternative '
cleanup levels, and provisions that would allow for the natural degradatian
of ccntaminants when evidence is sul:Jnitted that this cleanup approach can
be effective and is protective of groundwater that is or may be used for
drinking water. In additian, revisians are proposed in the canpliance
boundary rule that 'WOUld exempt small residential ground absorption systan.s
fran water well locatian restrictians and canpliance boundary requirements,
and that 'WOUld maintain cx::nsistency with new rules for the pennitting of
agricultural. waste management sites. Other proposed rule changes include
requirements for providing notice of corrective action to the Health
Director in the County where a ccntamination pl\.llle has occurred, and the
additian and revisian of standards to incorporate recent toxicological
knc:Mledge.
In developing these rules, concern was expressed that a::nsiderable
judgement must be exercised in enforcement regarding the detennination of
the i.npact of contamination on groundwater that may be a potential source
of drinking water. Consideration was also given to the use of Maxirrum
Ccntaminate revels (l'vO..s) for cleanup standards instead of continuing the
use of Groondwater Standards for both grourrlwater protection and
contaminate cleanup. Ccmnents were received regarding the adequacy of
requirenaits for notice to parties that might be impacted by a proposed
cleanup activity. In addition, ccmrents were also received regarding the
decision-making criteria the Director must use in approving cleanup plans.
'Ihe E}.C is interested in all ccmrents fran the·public or interested parties
regarding the proposed amendments and alternatives to these amendments and
is particularly interested in ccmrents and public opinion regarding the
impact of these rule changes on the use of groundwater as existing or
potential sources of drinking water for public Qr private use.
'lHESE POOPOSED AMENrMEN1'S REPRF.SENI' A SIGITFICANI' CHANGE FRCN PRESENI'
PRACI'ICE sna 'IBEY ~ mr AT.JilAYS REl'.PIRE 'IHE APPLICATICN OF BESr
AVAILABLE ~ 'IO RES'IOOE GRCXJNrmATER 'IO 'IHE LEVEL OF· 'IHE Sl'ANDARD.
NEW APPROAOIES PROPOSED rncllJDE '!HE USE OF ALTERNATIVE CLF.ANUP LEVELS AND
NA'lURAL REMEDIATICN PRCX:ESSES WHEN 'IHESE PRCX:!ESSES ARE DEI'ERMINED BY 'IHE
DIVISICN 'IO BE PROl'ECI'IVE OF PUBLIC HEAL'IH.
rr IS VERY IMPORI'ANI' '!HAT All INl'ERESTED AND POI'ENI'IALLY AE'FEX.:l'ED PERSCNS
CR PARTIFS MAKE 'IHEIR VIE.WS AND OPINICNS ~, preferably in writing, 'IO
'lHE EM:: WHEIHER 'IHEY ARE IN FAV'CR OR OPPOSED 'IO ANY OR ALL OF 'IHE PROPOSED
AMENJ:tvlENl'S 'IO · 'IHE GROONrMATER CLASSIFICATICN AND Sl'ANDARDS.. PUBLIC CXMv1ENI'
IS VITALLY IMPORl'ANl' BEr.AI.JSE 'lliE ~ MAY AOOPI' M'JRE CR LESS S'IRINGENl'
~ IF 'lHE ElvC DETERMINES '!HAT 'IHE FINAL_AOOPI'ED RULES ARE A I.03ICAL
CXJIGU'1IH OF 'IHE NJI'ICE AND PUBLIC <nNENI'.
All persons interested in these ma.tters are invited to attend the
public hearings noticed herein. Written cx::mnents may be presented at the
public hearing or sul:mi.tted through April 23, 1993. Please sul:mit ccmnents
to Mr. David Hance, Division of Environmental Managerent, Groundwater
Section, P.O. Box 29535, Raleigh, NC 27626-0535, [phone].
Please notify Mr. Hance prior to the public hearing if you desire to
speak. Oral presentation lengths may be limited depending on the number of
people that wish to speak at the public hearing. Oral presentations
greater than three minutes in length are requested to be sutrnitted in
writing.
12/6/95
.0103
.0104
.0106
.0106
.0114
lSA NCAC 2L IMPLEMENTATION GUIDANCE
TABLE OF CONTENTS
SECTION: .0100 -GENERAL CONSIDERATIONS
POLICY GUIDANCE
RS DESIGNATION GUIDANCE
CORRECTIVE ACTION GUIDANCE
ALTERNATIVE CORRECTIVE ACTION STRATEGIES
.0106 (k)
.0106 (1)
.0106 (m)
GENERAL INFORMATION
Source Control
Natural Attenuation of Groundwater
Natural Attenuation of Bedrock Contamination
Natural Attenuation of Soils
Selecting Contaminants of Concern
Estimating Aquifier Parameters
Modeling of Contaminant Fate and Transport
Identifying Potential Receptors
Monitoring
Public Notification
Corrective Action Plan Preparation and Submittal
Reimbursement: State Underground Storage Tank
Trust Funds
NOTIFICATION REQUIREMENTS
Effective Dates:
October 1, 1993
November 4, 1993 -Requirements for .0103(e)
January 1, 1994 -PE/LG Sign Off for UST Closure Reports
2
3
5
8
8
11
14
17
17
18
20
21
23
23
24
25
27
27
28
29
30
1,000 copies of this public document were printed at a cost of $508.40 or $0.51 per copy. December 1995 .
1
DIVISION OF ENVIRONMENTAL MANAGEMENT
15A NCAC 2L IMPLEMENTATION GUIDANCE
.0103 POLICY GUIDANCE
Purp ose of Rule
The Rule defines the general policy of the Environmental Management Commission (EMC)
with regard to groundwater protection and use. The Rule also restricts site characterizations and
corrective actions to persons licensed by appropriate professional licensing boards.
(a) This is a statement of general policy. The term 'significant' found in the third sentence has no
regulatory meaning. The Paragraph is considered to be a statement of fact given to make the reader
aware of groundwater conditions in the state and is for informational purposes. The statement does
not require any regulatory action or activity toward any person or entity and as a result is not
considered regulatory.
(b) Considered to be self-explanatory.
(c) Considered to be self-explanatory.
( d) Considered to be self-explanatory.
( e) Any investigation, assessment, interpretation, characterization, or corrective action plan will
require appropriate licensing as specified in .0103(e). Monitoring plans required in .0110 and .0106,
and monitoring reports required in .0106 which contain the interpretation of monitoring data likewise
require appropriate licensing. Excluded from these requirements are emergency response reports,
initial response reports, 24-hour reports, and reports which serve only to transmit information and
do not contain data interpretation. Examples of reports and forms submitted to the Division which
must be signed and sealed by an individual properly licensed by the state include, but are not limited
to:
1)
2)
3)
4)
5)
6)
7)
8)
9)
12/6/95
UST Closure Reports (the site assessment portions only)
Initial Abatement and Site Check (20-day report)
Initial Site Characterization ( 45-day report)
CSA -Comprehensive Site Assessment
CAP -Corrective Action Plan
Monitoring and Free Product Reports (those which include the interpretation of
data)
Design of vapor and groundwater monitoring systems
RS Designation Applications (15A NCAC 2L .0104)
Variance Applications (15A NCAC 2L .0113)
2
UST Closure reports, Initial Site Characterization Reports, Initial Abatement and Site Check
Reports, CSAs, Design of Groundwater or Vapor Monitoring Systems, Monitoring Reports, and
CAPs that do not contain plans or designs for active groundwater remediation systems may be
prepared and sealed by either a North Carolina Professional Engineer or Licensed Geologist. Active
groundwater remediation is defined to mean any remediation method which employs the use of pumps
to move liquids and/or gases at a site. All plans and specifications required under .0106 and intended
for use in construction ot: or for obtaining regulatory authorization to construct an active remediation
system must be prepared under responsible charge of a Professional Engineer and must bear the seal
of the same. However, preliminary or conceptual site restoration plans which are not intended for
use in construction or for obtaining regulatory approval may be prepared by either a Professional
Engineer or a Licensed Geologist.
.0104 RESTRICTED DESIGNATION (RS) POLICY GUIDANCE
Purp ose of Rule
The Rule establishes a temporary groundwater designation (RS) that is intended to warn the
public that groundwater so designated may not be suitable for use as a source of drinking water
without treatment. If the groundwater remediation effort is successful, the groundwater will be
restored to its original classification. If remedial efforts are unsuccessful, the groundwater may be
reclassified as GC.
When groundwater has been contaminated as a result of man's activities, the Director may
designate an area of groundwater as RS under any of the following conditions:
-the Director has approved a corrective action plan, or temiination of corrective action, and
it is evident that the approved plan will not result in restoration of the resource without an
extended period ohime; or
-a statutory variance to the groundwater standards specified in ISA NCAC .0202 has been
granted in accordance with ISA NCAC 2L .0113 .
Additionally, any groundwater occurring in an area previously defined within a Compliance Boundary
associated with a waste disposal permit is automatically designated RS.
It has been noted that .0104(c), (d), and (e) could be interpreted to conflict with the
Compliance Boundary requirements found in I SA NCAC 2L . 0107. In all cases the requirements of
. 0107 will take precedence over those specified in . 0104( c ), ( d), and ( e).
(a) Considered to be self-explanatory.
(b) Considered to be self-explanatory.
( c) The determination of the RS boundary must be performed using predictive calculations or
computer modeling of environmental contaminant fate · and transport. A description of the
methodology used, assumptions made and a discussion of the applicability of the modeling to the site
12/6/95 3
are required. All supporting technical data and modeling results must be included with the request.
Please refer to Modeling of Contaminant Fate and Trans port in the General Information section for
further guidance on computer modeling and requisite documentation.
(d) The monitoring program must comply with .0103(e) and must be sufficient to:
-determine the quality of the groundwater within the contaminant plume,
-determine the movement of the plume, and
-ensure that the conditions established for the approved RS area are maintained.
The State may require the installation of additional monitoring wells as conditions change in
the RS area.
The term 'increase' refers to an escalation of any chemical parameter concentration above the
level determined for the plume at the time the RS designation was approved. An increase in
contaminant levels will be reviewed by the Director or his designee. Additional monitoring or
remedial action may be required if it is determined or suspected that the increase represents:
-another release which may or may not be associated with the original contaminant
release,
-degradation or transformation of the original contaminant into new or related chemical
compounds, or
-unknown conditions or circumstances.
( e) The individual responsible for the contamination is considered the 'applicant' for the purposes of
this Rule. If a responsible party cannot be identified and the Division initiates the RS designation for
an area of groundwater, then the Division shall ensure that all public notification requirements have
been met.
(f) The individual responsible for the contamination must submit to the Division any information
specified in .0104(f)(2) necessary to complete the required public notice.
12/6/95
(2)
(3)
(4)
The Chief Administrative Officer is considered to be the Mayor, Chairman of the
County Commissioners, the County Manager, the City Manager or other individual
of equal or similar position as appropriate.
Considered to be self-explanatory.
Considered to be self-explanatory.
Considered to be self-explanatory.
4
.0106 CORRECTIVE ACTION GUIDANCE
Purp ose of Rule
The Rule defines the following:
1) notification and corrective action requirements for permitted and non-permitted
facilities;
2) the kinds of data required for approval of alternate cleanup levels, natural
remediation, or termination of corrective actions; .
3) the conditions in which contaminated groundwater may be designated RS or
reclassified as GC; and
4) the conditions in which current remedial activities shall be abandoned in favor of
new technologies.
(a) Considered to be self-explanatory.
(b) This Paragraph refers to the discovery of a sudden and unexpected release of a contaminant into
the environment. The term 'immediate' is defined as being within a 24 hour period unless there are
extenuating circumstances. If the release occurs at a time when it is not possible to report the release
to the Division within 24 hours due to weekends or holidays, the morning of the next business day
is acceptable. The Paragraph also defines the reporting requirements to the Division of
Environmental Management. It has no bearing upon, nor does it affect any rule or regulation defining
additional reporting requirements by North Carolina General Statute, the Division of Emergency
Management or any federal agency.
( c) This Paragraph is applicable to all contamination incidents resulting from activities which have not
been permitted by the Division, including all non-permitted facilities . The term 'immediate' is defined
as being within a 24-hour period unless there are extenuating circumstances. If the release occurs at
a time when it is not possible to report the release to the Division within 24 hours due to weekends
or holidays, the morning of the next business day is acceptable. The Paragraph also defines the
reporting requirements to the Division of Environmental Management. It has no bearing upon, nor
does it affect any rule or regulation defining additional reporting requirements by North Carolina
Statute, the Division of Emergency Management or any federal agency.
12/6/95
(1)
(2)
(3)
Considered to be self-explanatory .
Non-aqueous phase liquids (free product) must be recovered and controlled to the
maximum extent feasible . Corrective actions must be initiated as soon as possible
following discovery of free product.
Reports must be prepared in accordance with .0103(e).
5
(4) Corrective action plans must be prepared in accordance with .0103(e). In addition,
each CAP must have a properly executed GW-100( c) form, entitled Certification
for the Submittal of a Corrective Action Plan Under 15A NCAC 2L .0106(c).
attached to the front. Either an original or a legible photocopy of an original form
must be used; a CAP will not be accepted if a retyped version of the GW-l00(c)
form is used. The GW-l00(c) forms have been revised since the original November
1993 printing. Copies of current forms are available from the Groundwater
Section's regional offices or Pollution Control Branch. Each item on the GW-100( c)
certification form must be initialed by hand and the form must bear the seal and
signature of the certifying North Carolina-licensed professional [see Section
.0103(e) for clarification on the professional jurisdictions of Professional Engineers
and Licensed Geologists]. In addition, the CAP must display the seal and signature
of the certifying licensed professional.
The term 'prepared' as used on the GW-l00(c) form should be construed to
mean that the CAP has been prepared under the responsible charge of the certifying
licensed professional pursuant to North Carolina Statutes. The term is included on
the form because Professional Engineers and Licensed Geologists are prohibited from
certifying plans prepared by individuals not working under their direct control and
supervision.
The responsible party must report the cause and extent of the release and the
corrective actions taken and intended to be taken to mitigate threats to human health
and the environment to the local Health Director and the chief administrative officer
of the local political jurisdictions [ see Section . 0114( a)].
( d) This Paragraph is applicable to violations resulting from an activity performed under authority of
a permit issued by the Division. Reports and corrective action plans must be prepared in accordance
with .0103(e).
(e) Considered to be self-explanatory.
(f)
12/6/95
(1)
(2)
(3)
Considered to be self-explanatory.
Considered to be self-explanatory.
All primary sources of contamination (e.g., leaking storage containers, waste
stockpiles, etc.) must be removed, or remediated and controlled. Here 'control'
means demonstrating the physical ability to direct restrain or dominantly influence the
contaminated media and free product (non-aqueous phase liquid). If needed, initial
abatement actions taken to remove, remediate or control primary source(s) of
contamination must be initiated prior to, or concurrent with the site assessment
activities required under .0106(c) and (d). The goal of free product recovery efforts
must be recovery to the maximum extent feasible. Please refer to Source Control in
the General Information section for further guidance on the meaning of control.
6
( 4) All secondary sources of contamination · ( e.g., non-aqueous phase liquids and
contaminated soil) must be either remediated (removed or treated), or controlled.
Here, 'controlled' means demonstrating the physical ability to direct, restrain or
dominantly influence the contaminated media and free product (non-aqueous
phase liquid). If needed, initial abatement actions taken to remediate or control
secondary source(s) of contamination must be initiated prior to, or concurrent with
the site assessment activities required under .0106(c) and (d). The goal of free
product recovery efforts must be to recover product to the maximum extent feasible.
Please refer to Source Control in the General Information section of this document
for further guidance on the meaning of control.
(g) Reporting must be done in accordance with the provisions of .0103(e).
(h) All corrective action plans are submitted pursuant to Paragraph (c) or (d) of this Rule and must
meet the requirements of .0103(e) and .0106(j). Please refer to Monitoring in the General
Information section for guidance and policy related to monitoring of corrective actions.
(i) Considered to be self-explanatory.
G) All corrective action plans are submitted pursuant to Paragraph ( c) or ( d) of this Rule. This
Paragraph: (1) reiterates the general Rule that cleanup must restore groundwater to prerelease
conditions; and (2) adds the requirement that plans submitted under Paragraphs (c) and (d) must use
the best available technology. Best Available Technology (BAT) is considered to be that technology
which achieves the specified cleanup goals within a reasonable time frame at the most economical
cost per unit of cleanup. For example, a remedial technology which has the capacity to clean up a
site in nine months at a cost of $1,000,000 would not be considered the BAT if an alternative
technology existed which would accomplish the same goals in twelve months at a cost of $10,000.
For those sites at which BAT is required, the Director, or his designee, will review the CAPs to
determine if the requested time frames for remedial activities are appropriate and if the technologies
proposed can be considered to be the BAT for the site in question.
The Paragraph also recognizes the exceptions to these two general requirements as set out
in Paragraphs (k), (1), and (m). Paragraph (I) does not require the use of BAT, but requires
restoration to the standards specified in . 0202 by the natural processes of degradation and attenuation
of contaminants.
Paragraphs (k) and (m) allow for termination of active cleanup prior to achieving the
standards in .0202, but contain no exception to the requirement to use BAT. For sites being
remediated under Paragraphs (k) and (m), site monitoring will be required until the standards have
been achieved by natural attenuation processes.
12/6/95 7
ALTERNATIVE CORRECTIVE ACTION STRATEGIES
.0106(k), Q) and (m)
(k) The purpose of this Paragraph is to provide a means by which a responsible party may seek
approval to actively remediate groundwater to a level other than the standards specified in . 0202.
Approval of a corrective action plan (CAP) under this Paragraph will be considered only for non-
permitted sites for which active groundwater remediation, other than by natural processes, has already
been or is proposed to be implemented. Responsible parties will be required to use the Best Available
Technology until the alternate standards established under Paragraph (k) are achieved. Please refer
to Paragraph G) for the definition of Best Available Technology.
Requests for approval of remediation to alternate standards will be made as part of the
proposed CAP submitted pursuant to Paragraph ( c) of this Rule. The request must be based on
current site data. A description of site conditions must be included with the. CAP; however,
previously submitted CAPs, site assessment reports, and monitoring report(s) should be referenced.
All critical data should be summarized in figures and tables. The items enumerated in .0106(k) are
considered the minimum information needed to consider such a request and should be submitted with
the CAP in the order presented in the Rule. The Director may request additional information. In
determining whether to approve a CAP submitted under . 0106(k), the Director will apply the standard
for approval of all corrective action plans set out in Paragraph (i).
The CAP must include a list of all contaminants detected at the site in concentrations which
exceed the standards specified in .0202 and their respective proposed cleanup levels. Justification
must be provided that the recommended cleanup levels are protective of human health and the
environment.
The active remediation phase will be followed by a period of natural attenuation and
monitoring until the standards have been achieved. Therefore, it should be understood that
.0106(k)(4) and .0106(k)(5) define the minimum degree to which contaminants must attenuate in
order for the site to be considered eligible for the provisions of .0106(k), and that monitoring will
be required to verify that natural attenuation is occurring. In addition, the proponent must
demonstrate to the satisfaction of the Director that the remaining contamination will be remediated
to the standards by natural processes within an acceptable period of time. The period of time
considered acceptable for remediation will depend on a number of site-specific parameters; therefore,
it will vary between sites. Please refer to Natural Attenuation of Groundwater and Monitoring in the
General Information section for guidance and policy on demonstrating natural attenuation.
Documentation that groundwater in the area of the plume has not been identified for future
use or development by a state or local government planning process must be included in the CAP.
This information may be available from the local county or municipal planning offices, local utility
commissions, or from the Department of Environment, Health and Natural Resources, Division of
Water Resources. An example of documentation which would be satisfactory to meet this
requirement is a signed letter from the appropriate governing body stating that no plans are on record
for the development of groundwater resources in the area. Alternatively, the CAP proponent may
write a letter for the appropriate government representative to sign which confirms that there are no
plans for groundwater development in the vicinity of the site. Another option may be to peruse the
appropriate government files and planning documents and copy the appropriate portions which serve
12/6/95 8
as evidence that groundwater in the area of the plume will not be developed because another type of
development is planned for the area ( e.g., a large shopping mall is slated for construction over the
contamination area and will be served by municipal water).
Detennining Alternate Standards
The CAP must present a listing of proposed alternate cleanup levels for all contaminants
detected above 2L standards. Once these levels are achieved, active remedial actions may terminate.
One approach to detennining appropriate alternate standards for a site is to recognize that the
contamination will not be permitted to adversely impact any receptor. First, determine acceptable
contaminant concentrations for groundwater at all potentially impacted receptor(s). Then, use
contaminant fate and transport calculations or modeling to "back calculate" the cleanup goals for the
source area of the plume that will allow natural attenuation processes to reduce the concentrations
to acceptable levels by the time the groundwater reaches the receptor(s).
Another method of determining alternate standards which may be acceptable is to base the
target concentrations on the projected effectiveness of the most cost-effective remediation technique
that is applicable to the site. Target cleanup levels derived in this manner would have to be justified
to be protective of human health and the environment.
12/6/95
(I) All sources of contamination and free product have been removed or controlled
pursuant to 15A NCAC 2L .0106 (t), and ISA NCAC 2N .0703 and .0705, if
applicable.
Demonstrating complete delineation of the soil contamination and non-aqueous
phase liquid ( secondary sources of contamination) in accordance with Groundwater
Section Guidelines for the Investigation and Remediation of Soils and Groundwater
and providing an acceptable plan for the remediation or control of all sources may
satisfy the meaning of 'controlled' as it pertains to this Rule. Please refer to Section
.0106(±)(4) and Source Control in the General Information section for further
guidance on control of contamination sources.
(2) Time and direction of contaminant travel can be predicted with reasonable certainty.
The technical basis for the determination of rate and direction of groundwater
flow used in modeling and/or calculations must be provided. The direction of
contaminant transport should be predicted based on groundwater hydraulic head
measurements and should take all nearby pumping, recharge and discharge influences
into account. The rate of contaminant transport should be estimated directly from
empirical site data or predicted through the use of an appropriate model. Please see
Modeling of Contaminant Fate and Transport and Estimating Aquifier Parameters in
the General Information section for additional information.
Site monitoring will be required to determine if natural attenuation is
occurring, and to test the validity of the conceptual model for the site. Please refer
to Monitoring in the General Information section of this document and Rule .0110
for additional information regarding monitoring plans and reports.
9
(3)
(4)
(5)
12/6/95
Migration of contaminants onto adjacent prop erties.
In order to be considered for approval, the CAP must demonstrate that at
least one of the three conditions described in subsection (k)(3) is true .. The term
'served' in (k)(3)(A) means connected to an approved public water supply.
Suitable water supplies must meet the regulatory definition of a public water
supply and be approved by the Public Water Supply Section of the Division of
Health Resources. Documentation, preferably a letter from the utility company,
should be provided indicating which households are on public water supply. The
CAP must certify that the public water supply is dependent on surface waters or
hydraulically isolated groundwater, as applicable.
A map must be provided that shows the current plume boundary as well as all
adjacent properties and those down gradient properties where the plume is
predicted to migrate. A tax map of the area would be ideal for this purpose. Any
supply wells on those properties must be located on the map. An indication of which
properties are predicted to be impacted and the technical basis for this determination
must also be provided. In addition, a map must be provided which shows the
predicted maximum extent of the plume. When applicable under .0106(k)(3)(B), the
CAP must include documentation of the property owner's written consent allowing
contamination to migrate onto their property. Please see Public Notification
in the General Information Section and Section .0114 (b) for addi!ional information.
The groundwater standards s pecified in 2L. 0202 will be met at a location no closer
than one year time of travel u p gradient of an existing or foreseeable rece ptor.
All existing and foreseeable receptors must be identified on the base
map. Receptors may include but are not limited to utility lines, basements, elevator
shafts, public and domestic supply wells, surface waters, and regions of groundwater
that have been identified for planned resource development by state or local
governments. If a property is to be developed in the future and is served by a public
water supply, then planned domestic supply wells might not be considered receptors.
Please refer to Identifying Potential Receptors in the General Information section for
information on the definition of receptors.
Groundwater discharge will not result in the violation of a surface water quality
standard specified in ISA NCAC 2B .0200.
If the groundwater plume is predicted to discharge to surface waters,
the CAP must document the technical basis for predicting that such discharge will
not result in the violation of a surface water quality standard or criteria, as applicable.
The DEM classification of the surface water body (as specified in ISA NCAC 2B)
must be included in the CAP. The OEM's Water Quality Section staff may be
contacted for information pertaining to surface water classifications, standards and
criteria.
10
If the plume is already discharging to surface waters, the CAP should
include recent laboratory analytical results from that water body. Samples should
be collected from upstream and downstream of the discharge area, if applicable.
All surface water quality data should be provided in table format with lab reports,
sample locations and chain of custody forms provided.
(6) Public notice provided in accordance with 15A NCAC 2L .0114(b).
Please refer to Public Notification in the General Information section for
policy regarding public notification requirements.
(1) The purpose of this Paragraph is to allow for natural remediation of contaminated groundwater
until such time as the affected groundwater conforms with .the standards specified in .0202. This
Paragraph applies only to sites where the contamination resulted from a non-permitted activity, and
does not apply if the site requires any type of ongoing active groundwater remediation. However,
for sites which have already undergone active groundwater remediation and which meet the criteria
specified in . 0 I 06(1), approval may be requested to remediate remaining contamination by natural
attenuation processes.
Documentation that groundwater in the area of the plume has not been identified for future
use or development by a state or local government planning process must be included in the CAP.
This information may be available from the local county or municipal planning offices, local utility
commissions, or from the Department of Environment, Health and Natural Resources, Division of
Water Resources. An example of documentation which would be satisfactory to meet this
requirement is a signed letter from the appropriate governing body stating that no plans are on record
for the development of groundwater resources in the area. Alternatively, the CAP proponent may
write a letter for the appropriate government representative to sign which confirms that there are no
plans for groundwater development in the vicinity of the site. Another option may be to peruse the
appropriate government files and planning documents and copy the appropriate portions which serve
as evidence that groundwater in the area of the plume will not be developed because another type of
development is planned for the area ( e.g., a large shopping mall is slated for construction over the
contamination area and will be served by municipal water).
In order to be granted approval to remediate any site by natural attenuation processes, it must
be demonstrated to the satisfaction of the Director that the contaminant(s) in question can be
remediated to . 0202 standards within an acceptable period of time. The period of time considered
acceptable for remediation will depend on a number of site-specific parameters; therefore, it will vary
between sites. Please refer to Natural Attenuation of Groundwater in the General Information section
for additional information and guidance. In determining whether to approve a CAP, the Director will
apply the standard for approval of all corrective action plans set out in Paragraph (i).
12/6/95 11
( 1) All sources of contamination and free product have been removed or controlled pursuant to
15ANCAC 2L .0106 (0, and 15ANCAC 2N .0703 and .0705 , if applicable.
Demonstrating complete delineation of the soil contamination and non-aqueous phase
liquid .(secondary sources of contamination) in accordance with Groundwater Section
Guidelines for the Investigation and Remediation of Soils and Groundwater and providing an
acceptable plan for the remediation of those sources may satisfy the meaning of'controlled'
as it pertains to this Rule. Please refer to Section .0106(f)(4) and Source Control in the
General Information section for further discussion on control of contamination sources.
(2) The contaminant has the capaci ty to de grade or attenuate under site-sp ecific conditions.
Please refer to the Natural Attenuation of Groundwater, Natural Attenuation
of Soil. and Natural Attenuation of Bedrock Contamination in the General Information
section for further information.
(3) Time and direction of contaminant travel can be predicted with reasonable certainty .
The direction of contaminant transport should be predicted based on groundwater
hydraulic head measurements and should take all nearby pumping, recharge and discharge
influences into account. The technical basis for determining values for aquifer parameters used
in modeling of contaminant transport must be provided in the CAP. The rate of contaminant
transport should be estimated directly from empirical site data or predicted through the use of
an appropriate model. Please see Modelin g of Contaminant Fate and Transport and Estimating
Aquifier Parameters in the General Information section for additional guidance.
(4) Contaminant mi gration will not result in any violation of groundwater standards at
any existing or foreseeable receptor.
All existing and foreseeable receptors must be identified on the base map. Receptors
may include but are not limited to utility lines, basements, elevator shafts. public and domestic
supply wells, surface waters, and regions of groundwater that have been identified for planned
resource development by state or local governments. If a property is to be developed in the
future but is served by a public water supply, then planned domestic supply wells might not
be considered receptors. Please refer to Identifyi ng Potential Receptors in the General
Information section for information on the definition of receptors.
(5) Mi gration of contaminants onto ad jacent pro perties.
In order to be considered for approval. the CAP must demonstrate that at least
one of the three conditions described in subsection (1)(5) is true. The term 'served' in
(1)(5)(A) means connected to an approved public water supply. Suitable water supplies must
meet the regulatory definition of a public water supply and be approved by the Public
Water Supply Section of the Division of Health Resources. Documentation, preferably
a letter from the utility company, should be provided indicating which households are
on public water supply. The CAP must certify that the public water supply is dependent on
surface waters or hydraulically isolated groundwater, as applicable.
12/6/95 12
(6)
A map must be provided that shows the current plume boundary as well as all adjacent
properties and those down gradient properties where the plume is predicted to migrate.
A tax map of the area would be ideal for this purpose. Any supply wells on those properties
must be located on the map. An indication of which properties are predicted to be impacted
and the technical basis for this determination must also be provided. In addition, a map must
be provided which shows the predicted maximum extent of the plume. When applicable under
.0106 (l)(S)(B), the CAP must include documentation of the property owner's written consent
allowing contamination to migrate onto their property.
Groundwater discharge may not result in the violation of a surface water quality specified in
ISA NCAC 2B.0200.
If the groundwater plume is predicted to discharge to surface waters, the CAP
must document the technical basis for predicting that such discharge will not result in
the violation of a surface water quality standard or criteria, as applicable. The DEM
classification of the surface water body pursuant to 15A NCAC 2B must be specified
in the CAP. The DEM' s Water Quality Section staff may be contacted for information
pertaining to surface water classifi~ations, standards and criteria. ,
If the plume is already discharging to surface waters, the CAP should include
recent laboratory analytical results from that water body. Samples should be collected
from upstream and downstream of the discharge area, if applicable. All surface water
quality data should be provided in table format with lab reports and chain of custody
forms provided.
(7) Groundwater monitorin g pro gram.
A groundwater monitoring program sufficient to track the migration, degradation and
attenuation of contaminants and contaminant byproducts must be included in the CAP. Rule
. 0110 specifies the requirements of monitoring plans and reports. Proposed monitoring wells
must include one or more well(s) placed in the zone defined to be:
-at least one year of groundwater travel time up gradient of the closest,
down gradient existing or foreseeable receptor; and
-no further down gradient from the current leading edge of the plume than
the distance groundwater is predicted to travel in five years.
Please refer to Natural Attenuation of Groundwater and Monitoring in the General
Information section for additional information on site monitoring;
(8) Access agreements.
Documents must be included with the CAP documenting that all necessary
access agreements needed to monitor groundwater quality have been or can be obtained.
12/6/95 13
If access necessary for monitoring natural attenuation cannot be obtained, the site will not be
considered approvable under .0106(1).
(9) Public notice provided in accordance with 15A NCAC 2L .0114(b).
Please refer to Public Notification in the General Information section for information
regarding public notification.
(m) The purpose of this Paragraph is to provide a mechanism whereby a responsible party may seek
approval to terminate active remediation prior to achieving the groundwater standards. A corrective
action plan submitted pursuant to this Paragraph must demonstrate that continued operation pf the
remediation system will not result in a significant decrease in dissolved contaminant concentrations.
The items enumerated in .0106(m) are considered the minimum information needed to consider such
a request and should be submitted with the CAP in the order presented in the Rule. The Director may
request additional information. In determining whether to approve a CAP, the Director will apply the
standard for approval of all corrective action plans set out in Paragraph (i).
It should be understood that .0106(m)(4) defines the minimum degree to which a contaminant
must degrade or attenuate in order for termination of corrective action to be approved. If a
contaminant plume does not have the capacity to achieve compliance within the defined time of travel,
the site is not eligible for the provisions specified in .0106(m). Please refer to Natural Attenuation of
Groundwater in the General Information section for additional guidance.
(1) Considered to be self-explanatory.
(2)(A) Continued corrective action will not si gni ficantl y reduce contaminant concentrations.
The asymptotic slope described in this Paragraph is used as a means
of determining the rate at which remediation is progressing. In order to qualify for
the provisions in .0106(m), a showing must be made that current remedial efforts
have produced their maximum result in terms of lowering the concentration of
contaminant compounds in groundwater. The slope is determined from the curve
representing the concentration of the dissolved contaminants over time. The
contaminant concentrations must be in milligrams per liter and the time scale must be
months. The absolute value of the slope of the curve of decontamination (which is a
negative slope) must be less than or equal to one unit of chemical contamination
remediated during the course of 40 months, and greater than or equal to zero.
Therefore, if the absolute value of the slope is calculated to be equal to or less than a
ratio of 1 :40, then the stipulations of .0106(m)(2)(A) have been met. Please note that
the slope of the curve must be calculated mathematically and may not be determined
by measuring directly from a graph. However, a graphical representation of the data
must be included with the CAP.
12/6/95 14
A minimum of four quarters of monitoring data must be used to graph and
evaluate the curve of decontamination. Using the ratio of one milligram per
liter over 40 months, the decrease in the concentration of a contaminant in groundwater
cannot exceed 300 micrograms per liter in the previous 12 month period to be eligible
for approval under .0106(m). Ifa "best fit" curve is used to fit the data, the CAP must
include an explanation of the type of statistical analysis performed.
The demonstration of asymptotic slope must be made for each contaminant
detected in concentrations exceeding the groundwater standards listed in .0202.
The demonstration cannot be based on total organic compounds, total BTEX,
total petroleum hydrocarbons, etc. Additionally, the slope determination must
be made for data from all existing monitoring wells which have had contaminants
detected in concentrations exceeding the standards. Groundwater samples
used for determining the slope of decontamination must be collected from properly
constructed · monitoring wells; data collected from remediation wells cannot be
used. Please note that improperly designed, constructed or operated remediation
systems may render a site ineligible for the provisions of Paragraph (m).
(2)(B) Migration of contaminants onto adj acent properties.
12/6/95
In order to be considered for approval, the CAP must demonstrate that at
least one of the three conditions described in subsection (m)(2) is true. The term
'served' in (m)(2)(B) means connected to an approved public water supply.
Suitable water supplies must meet the regulatory definition of a public water
supply and be approved by the Public Water Supply Section of the Division of Health
Resources. Documentation, preferably a letter from the utility company, should be
provided indicating which households are on public water supply. The CAP must
certify that the public water supply is dependent on surface waters or hydraulically
isolated groundwater, as applicable.
A map must be pr9vided Quit shows the current plume boundary as well as all
adjacent properties and those down gradient properties within and contiguous to
the area where the plume is predicted to migrate. A tax map of the area would be
ideal for this purpose. Any supply wells on those properties must be located on the
map. An indication of which properties are predicted to be impacted and the technical
basis for this determination must also be provided. In addition, a map must be provided
which shows the predicted maximum extent of the plume. When applicable under
.0106(m)(2)(B)(ii), the CAP must include documentation of the property owner's
written consent allowing contamination to migrate onto their property.
(2)(C) Groundwater dischar ge will not result in the violation of a surface water quali ty
standard specified in ISA NCAC 2B .0200.
If the groundwater plume is predicted to discharge to surface waters, the
CAP must document the technical basis for predicting that such discharge will not
result in the violation of a surface water quality standard. The DEM classification
of the surface water body pursuant to I SA NCAC 2B must be specified in the
CAP. The DEM's Water Quality Section staff may be contacted for information
15
pertaining to surface water classifications, standards, and criteria.
If the plume is already discharging to surface waters, the CAP should
include laboratory analytical results of recent sampling of that water body.
Analyses should include samples from upstream and downstream of the discharge
area, if applicable. All surface water quality data should be provided in table
format with a description of sampling locations, lab reports and chain of custody
forms also included.
(2)(D) Public notice provided in accordance with 15A NCAC 2L .0114(b).
Please refer to Public Notification in the General Information section for
policy regarding public notification requirements.
(3) Groundwater develo pment not planned.
12/6/95
Documentation that groundwater in the area of the plume has not been
identified for future use or development by a state or local government planning
process must be included in the CAP. This information may be available from the
local county or municipal planning offices, local utility commissions, or from the
Department of Environment, Health and Natural Resources, Division of Water
Resources. An example of documentation which would be satisfactory to meet
this requirement is a signed letter from the appropriate governing body stating that
no plans are on record for the development of groundwater resources in the area.
Alternatively, the CAP proponent may write a letter for the appropriate government
representative to sign which confirms that there are no plans for groundwater
development in the vicinity of the site. Another option may be to peruse the
appropriate government files and planning documents and copy the appropriate
portions which serve as evidence that groundwater in the area of the plume will not
be developed because another type of development is planned for the area (e.g., a
large shopping mall is slated for construction over the contamination area and will
be served by municipal water).
( 4) Groundwater monitoring p ro gram.
A groundwater monitoring plan sufficient to track the migration, degradation
and attenuation of cont_aminants and contaminant byproducts at a location at least one
year time of travel up gradient of any existing of foreseeable receptor must be provided
in the CAP. The monitoring requirement should be construed to mean that the
migration of the contaminant plume must be restricted. More specifically, the
contaminant plume must conform to the groundwater standards specified in .0202 at
the location one year's predicted time of travel up gradient of any receptor. Please refer
to Monitorin g in the General Information section for further policy and guidance related
to monitoring. Additionally, Natural Attenuation of Groundwater in the General
Information section provides guidance on monitoring sites undergoing natural
attenuation.
16
General Information
Source Control
Primary and secondary sources of contamination are required by .0106{f) to be removed or
controlled. 'Control' is defined to mean the physical ability to direct, restrain or dominantly influence
non-aqueous phase liquid (free product) and other source(s) of contamination. Demonstrating
complete delineation of all soil contamination and providing an acceptable plan for its remediation may
satisfy the meaning of' control' as it pertains to . 0106. Similarly, providing continued delineation of
non-aqueous phase liquid and providing an acceptable plan for its continued recovery and containment
may satisfy the meaning of control of free product.
Contamination that is trapped in the capillary fringe and saturated zone may continue to leach
to groundwater, resulting in unreasonably long remediation and monitoring periods. The effect of
residual contamination is especially critical if natural attenuation processes will be reli~d on for
remediation. Therefore, the assessment of contaminant sources should include the delineation
of any significant soil contamination and free product existing in the capillary fringe or
saturated zones near the source area or "hot spot" of the plume. If trapped or residual soil
contamination is discovered in or near the saturated zone, the CAP should include a discussion of
options for its remediation. A cost-benefit analysis which takes long-term monitoring into
consideration should be provided for viable remedial options.
It is important to note that soil contamination which occurs down gradient of the source area
in a relatively narrow, horizontal zone at or near the water table surface (i.e., in the capillary fringe)
may have resulted from the adsorption of dissolved contaminants to the soil. This soil contamination
is considered to be the result of the migration of the groundwater contamination; therefore, it is not
generally considered a source of contamination.
In general, the use of impermeable barriers (caps) will not be approved as a method for
exerting control over contamination source areas. However, in some cases where site conditions
preclude the possibility of source remediation and an impermeable barrier exists, the impermeable
barrier may be considered to provide control of the secondary contamination sources. However, it
must be demonstrated that that the CAP will prevent water from leaching contaminants from the
source area and causing groundwater contamination in excess of the standards specified in .0202. The
CAP must include a discussion on the expected effectiveness, integrity and cost of the barrier over an
extended period of time. A discussion of the projected future uses of the site, including potential
exposure pathways, must also be provided in the CAP. Additionally, the proponent should be aware
that a low permeability cap may limit the availability of terminal electron acceptors and nutrients
necessary for effective in situ biodegradation.
One example where a barrier or cap may be approved to control secondary soil contamination
is a situation where a No. 6 fuel oil release has occurred in clayey soil under a manufacturing facility.
In this example, the fuel does not contain enough volatile constituents to effectively strip using a
vacuum extraction technique. Furthermore, due to the nature of the soil and the contamination, the
rate of natural attenuation will be slow. Demolition of the building in order to excavate the soil may
be cost-prohibitive, and leaving the building in place could serve as a barrier to prevent leaching of
12/6/95 17
contaminants to the groundwater. Ifit can be demonstrated that leachate will not cause a groundwater
standards violation, then the soil contamination may be considered to be controlled by the presence
of the low permeability cap.
Natural attenuation may be an approved method of remediation or control for soil
contamination under some circumstances. Please refer to Natural Attenuation of Soil for policy
guidance on the applicability of natural attenuation to soil contamination.
Natural Attenuation of Groundwater
The CAP should reference the publication(s) which indicate that the contaminants have the
capacity to attenuate under appropriate conditions. For example, research has shown that the BTEX
compounds (benzene, toluene, ethyl benzene, xylenes) can readily biodegrade under aerobic
conditions, and may degrade at lower rates in some anaerobic environments. In contrast,
trichloroethylene (TCE) has not been demonstrated to readily degrade under aerobic conditions but
may degrade in some anaerobic settings. Further, many dissolved organic and inorganic compounds
attenuate due to adsorption to aquifer material, especially when it contains a relatively high percentage
of organic carbon.
The CAP must document that conditions at the subject site are conducive to natural
remediation processes and should present any evidence that natural attenuation is occurring
at the site. A demonstration of n~tural attenuation may be based on direct evidence such as
monitoring data which shows the plume decreasing in volume and concentration. Indirect evidence
may also demonstrate that natural attenuation is occurring at the site. Such a demonstration may
include, but is not limited to, showing: decreases in terminal electron acceptors, increases in the
byproducts of microbial respiration, and the presence of a significant population of bacteria capable
of degrading the contaminants. In addition, the CAP should indicate which site-specific parameters
are predicted to limit the rate ofbiodegradation and natural attenuation.
If groundwater remediation by natural attenuation is proposed for a site where trapped
contamination exists in the capillary fringe and saturated zone, the CAP should contain a discussion
on the effect the residual contamination will have on the timing and success of remedial efforts. This
discussion should generally include estimates of leachate concentrations for the contaminants of
concern based on their concentrations in the soil or aquifer matrix and other site-specific parameters.
Please refer to Selecting Contaminants of Concern in the General Information section for further
guidance.
The CAP should also include a discussion of the relative toxicity and environmental fate of
potential chemical compounds which may result from incomplete degradation of contaminants, if
applicable. This information may be available in the literature or may be determined from site data.
For example, TCE has been demonstrated to degrade to vinyl chloride under anaerobic conditions .
Vinyl chloride is more toxic and presents more potential risk than the parent compound from which
it was produced. Potential breakdown products should be also be considered in monitoring plans.
Adsorption is another natural attenuation process that can be considered in the CAP. Soil and
aquifer matrices with high organic carbon content have greater adsorption potential for hydrophobic
contaminants and, therefore, tend to retard contaminant transport . Total organic carbon (TOC) values
are used to determine fraction organic carbon (foe ). When the contaminants are organic chemicals,
soil and aquifer matrix samples collected for TOC analysis must be collected from an uncontaminated
12/6/95 18
area. If the samples were -collected from zones containing organic compounds, the measured TOC
fraction would be too great and estimates of retardation rates due to adsorption to organic carbon
would be too high. Furthermore, samples collected for TOC analysis should come from the zone(s)
within the aquifer that contain the contamination. This is because dissolved contamination is
commonly demonstrated to migrate preferentially through more transmissive zones within an aquifer.
TOC values will generally range from 0.1 % to 1 % for aquifer matrix, and from 1 % to 3.4%
for surficial soils. If higher values are used for predictive calculations or modeling, they must be based
on lab analyses for samples collected as indicated above. All estimated values must be justified to be
conservative for the soil type(s) present at the site. It is important to note that organic compounds
may adsorb to mineral surfaces if the TOC in the sediment is low. This process is particularly
important in fine-grained sediments which have a high surface area to volume ratio.
Research has provided a general understanding of site conditions which are amenable to natural
attenuation of dissolved phase contamination. The aquifer matrix must be sufficiently permeable to
allow for the diffusion and advection of nutrients and terminal electron acceptors. Sites with saturated
hydraulic conductivity (K) values greater than t 0-4 cm/sec are usually considered good candidates.
The pH of the groundwater, which affects microbial viability and the availability of nutrients, should
be between 6 and 8 for optimal microbial growth. Natural attenuation may be marginally effective at
sites with a pH slightly outside ohhis range. Aquifer temperatures in North Carolina are generally
within ihe acceptable range (5 to 45 degrees Celsius) for bioremediation. Ideally, the
carbon:nitt:ogen:phosphorous (C:N:P) ratio in the aquifer should be between 100: 10: 1 and 100: 1 :0.5.
Both organic nitrogen (measured as total organic nitrogen) and inorganic nitrogen (measured as
ammonia, nitrate and nitrite) may be available to organisms.
A well-aerated aquifer could contain dissolved oxygen concentrations near 8 milligrams per
liter. Background dissolved oxygen levels greater than 2 milligrams per liter are generally considered
adequate to support aerobic biodegradation. However, because oxygenated water intersects the
contaminant plume at its periphery, most aerobic biodegradation occurs at the plume margins.
Therefore, the core of the plume will generally be anaerobic.
Groundwater parameters that may be appropriate for analysis at potential natural remediation
sites include: contaminant concentrations, concentrations of intermediate compounds formed by
degradation of contaminants, nutrient concentrations, pH, redox potential (Eh), terminal electron
acceptors (e.g., oxygen, nitrate, sulfate, Fe3+, Mn4+ ,Mn3+,etc.), and byproducts of respiration (e.g.,
carbon dioxide, methane, Fe2+, Md+, etc.). Eh measures a solution's ability to accept or transfer
electrons, and provides indirect information on the oxygen content of the plume. Not all of the
parameters listed above are required to be measured at every site; in some cases an adequate
evaluation can be done based on some of these indicator parameters. However, if natural attenuation
is proposed for marginal sites, the proponent will want to provide as many lines of evidence as is
reasonable to support the claim that natural processes will remediate the plume.
All parameters analyzed for and the values obtained must be reported in the CAP . A
description of the methods used for all analyses and site measurements, and justification of their
applicability to the site, must also be provided. For field measurements, the instrument type and
calibration method should also be provided . Any parameter values that were not measured directly
but were calculated or estimated by other means must be justified and conservative. Conservative
12/6/95 19
values will result in the prediction of worst-case scenarios for contaminant transport and remedial
progress.
Direct measurement of natural attenuation involves analyzing for contaminant concentrations
periodically and comparing these values to historic values. If the plume is no longer expanding and
the contaminant concentrations are diminishing [ which generally occurs only if the contaminant
sources have been remediated, or if the groundwater plume has achieved a steady-state (equilibrium)
with residual contamination] then natural attenuation may be assumed to be occurring at the site. For
sites where the plume is still expanding, natural attenuation may be demonstrated if it can be shown
that the rate of contaminant transport is significantly less than the estimated rate of linear groundwater
velocity. For some sites, the rate of natural attenuation may be estimated by comparing concentration
decreases along the longitudinal ax.is of the plume for contaminants that readily attenuate with
contaminants that are known to be recalcitrant to attenuation (Wiedemeier et al., 1995; McAllister and
Chiang, 1994; see the attached reference list).
Indirect indicators of natural attenuation may include a decrease in the concentrations of
dissolved oxygen and other terminal electron acceptors relative to levels in uncontaminated
background wells. Similarly, an increase in concentration of the products of redox reactions may
provide evidence for natural attenuation. For example, an increase in dissolved Fe3+ in the plume, as
compared to up gradient wells, may indicate that anaerobic biodegradation is occurring (Wiedemeier
et al., 1995; McAllister and Chiang, 1994; see the attached reference list).
Natural Attenuation of Bedrock Contamination
Natural attenuation will generally not be approved for sites where contamination occurs in
bedrock ( e.g., fractured rock, permeable carbonate rock). This policy is based on two considerations:
1) dispersion may be the principal attenuation mechanism causing the plume to attenuate in bedrock,
and 2) a reasonable estimate of the rate and direction of contaminant transport will be difficult or
impossible to obtain.
However, approval may be granted for some sites where no potential receptors are identified,
and contaminant concentrations are low enough to allow for the designation of a compliance boundary
(radius) beyond which it can be certified that contaminants will not exceed the standards. Approval
may be granted on a case-by-case basis if all of the following conditions are met:
12/6/95
-the CAP certifies that contamination exceeding the standards is not predicted to migrate
beyond the compliance boundary specified in the CAP,
-implementation of the CAP will not result in impacts to receptors or surface water,
-the assessment demonstrates a knowledge of where the contamination is located in the
subsurface,
-the CAP proposes a monitoring plan sufficient to track the migration of the plume and to
serve as a warning system to protect potential receptors, and
-public notification has been made to all owners and occupants of properties that could be
impacted by the migration of the plume.
20
It is important to recognize that the primary attenuation process that is likely to occur in
bedrock environments is dispersion. Therefore, CAPs submitted pursuant to this Paragraph may not
· be approved if contaminant levels are so high that a large volume of the aquifer would be required to
effectively disperse the plume. Additionally, a detailed assessment of contaminant migration pathways
and a more elaborate monitoring well network, including nested wells screened at discreet intervals,
may be required. Approval of CAPs for bedrock contamination sites will not be granted on the basis
of a lack of knowledge of site conditions.
Natural Attenuation of Soils
Natural attenuation of contamination in the unsaturated (vadose) zone primarily involves the
processes ofbiodegradation, dissolutio~ and adsorption to soil matrix. Natural attenuation may
be approved for remediation of contaminated soil if all of the following conditions apply:
-petroleum hydrocarbon contamination concentrations exceed the cleanup levels derived from
the Site Sensitivity Evaluation (SSE),
-the soil contamination has not caused groundwater contaminant concentrations to exceed
the standards specified in . 0202,
-leachate from the contaminated soil is not predicted to create a groundwater violation at any
time in the future, .
-the contaminant has the capacity to degrade or attenuate under site specific conditions,
-soil remediation by other methods is not economically or technically reasonable due to site
conditions and /or the nature of the contaminant, and
-the contaminated soil will not pose a threat to human health due to soil ingestion, inhalation
or absorption through skin contact.
Scientific literature provides various analytical methods for calculating leachate concentrations.
A reference for a peer-reviewed formula is provided in the list of selected references which
accompanies this document (see Menatti, 1994). In addition, several computer models which calculate
soil leachate concentrations are commercially available (e.g., SESOIL, JURY). All estimated
parameters must be conservative and predict worst-case scenerios.
The following rules of thumb for natural attenuation of petroleum-contaminated soil
should be considered when developing a CAP for natural attenuation of soil. The soil pH, which
affects both the viability of organisms and the availability of nutrients, should be between 5.5 and 8.5,
with 6.5 to 8 considered optimal. Seasonal average soil temperature should be between 15 and 45
degrees Celsius. Average soil temperatures for sites in North Carolina are within this range. The
optimal carbon:nitrogen:phosphorous (C:N:P) ratio in the soil is between 100: 10: 1 to 100: 1 :0.5. Both
organic nitrogen (measured as total organic nitrogen) and inorganic nitrogen (measured as ammonia,
nitrate and nitrite) may be available to organisms. Soil moisture should be within the range of25%
to 85% ofits water-holding (field) capacity; 50% to 80% is optimal. Too little moisture in the soil can
limit the presence of microbes; too much moisture may occlude pore space, thereby limiting the rate
of air flow through the soil. The air filled porosity should be at least 10% of the total porosity in order
to allow for adequate replenishment of oxygen in the soil. In general, the intrinsic permeability of the
contaminated soil should be >10"10 cm2. Intrinsic permeability is a measure of the permeability of the
12/6/95 21
matrix to fluid and is independent of the fluid type. Saturated hydraulic conductivity for the soil
should be greater than 10·5 cm/sec. Clays and very clay-rich sediments generally do not have sufficient
air permeability to allow oxygen to be supplied at a rate adequate to support biodegradation.
However, soil structures, if present, may increase soil permeability above that expected on the basis
of sediment grain size analysis only.
In addition to the above parameters, several soil analyses and measurements can be done which
may provide evidence that natural attenuation is occurring in the soil. J\.feasurements made on soil
from the zones of contamination must be compared with measurements from uncontaminated
background areas. Reduced concentrations of oxygen (soil gas or dissolved in pore water), nitrogen,
phosphorous, oxidized iron (Fe3+), oxidized manganese (Mn4+, Mn3+), or sulfate (SO/") may indicate
that biodegradation is occurring at the site. An increase in reduced iron (F e2+) or reduced manganese
(Mn2+) may indicate anoxic conditions, which can be the result of biodegradation. An increase in
carbon dioxide (COJ or methane (CH4) in the soil gas can indicate anaerobic respiration. However,
methanogenic organisms are sensitive to pH and generally do not thrive in soil with a pH below 6.0
(i.e., acidic soil). Because the majority of soils in North Carolina are acidic, anaerobic degradation of
contamination by methanogenic bacteria is not typically a major attenuation process.
Please note that not all of the parameters listed above are required to be measured at
every site; in some cases an adequate evaluation can be accomplished based on some of these
parameters. However, if natural attenuation is proposed for a marginal site, then the proponent will
want to provide as many lines of evidep.ce as is reasonable to support the claim that natural processes
will remediate the plume.
Because they represent actual field conditions, field measurements for natural attenuation
indicators are generally preferable to laboratory plate count studies or bench-scale tests. Soil gas
respirometry studies are commonly used to measure indications of in situ biodegradation. These
studies involve field measurements of soil oxygen depletion and the production of carbon dioxide ( or
methane) as byproducts of microbial respiration. Soil gas measurements made in the zone of
contamination must be compared with measurements made in uncontaminated background areas to
detemune if biodegradation is occurring at the site. In general, laboratory microcosm studies (bench
tests) do not duplicate field conditions and are not necessary for demonstrating the applicability of
natural attenuation to a particular site.
U: due to the nature and/or concentration of contaminants, toxicity to microbes is suspected,
then plate counts of aerobic or anaerobic heterotrophs [measured in colony forming units (CFU)]
should be measured in the lab. These tests are necessary only when there is reason to suspect that
toxic or marginal conditions may exist at the site. Values below 1000 CFU/gram may indicate either
a toxicity problem or the lack of nutrients necessary to support microbial metabolism. Plate counts
specific for petroleum degrading bacteria can also be done. Soil samples for microbial plate counts
must be collected aseptically using sterile sampling equipment and must be maintained at
approximately four degrees Celsius. Samples must not be frozen .
Monitoring natural attenuation of soil contamination must include analyzing soil samples for
the contaminants of concern. In addition, the monitoring plan should include periodic soil gas
respirometry tests or other indirect measurements of natural attenuation. A monitoring well will be
required to verify that groundwater is not impacted. If possible, this well should be installed just
outside of the soil contamination in a down gradient location. A well installed through the
contaminated soil has the potential to create an artificial pathway for contaminant migration which
12/6/95 22
could result in groundwater contamination. The monitoring frequency for natual attenuation of soil
contamination may vary between sites, but in general will be required less often than for groundwater
remediation sites. The Director will consider all reasonable proposed monitoring plans.
Selecting Contaminants of Concern
Contaminants of concern must be chosen so that the behavior of the entire plume can be
modeled conservatively based on those compounds. The selection criteria must be explained in the
CAP. For complex chemical mixtures such as petroleum fuels, the contaminants of concern will
generally be those chemicals which:
-have the highest solubility in water,
-are the most toxic,
-form toxic chemicals as a result of incomplete degradation, and/or
-are least susceptible to environmental attenuation processes.
Residual soil and/or free product with the potential to leach to groundwater should be analyzed
for the concentrations of contaminants of concern. These values may be used fo calculate leachate
concentrations and to predict contaminant fate and transport using analytical or computer models.
Estimating A quifer Parameters
For sites with potentially impacted receptors (i.e., situations where the most accurate data
possible is necessary due to a potential threat to human health or the environment) and sites where the
data are needed to properly design remediation systems, aquifer pumping tests may be required to
estimate values of aquifer parameters. However, for sites where potential receptors have not been
identified, an aquifer pumping test may not be required to obtain estimated values for hydraulic
conductivity (K) and transmissivity (t). In these cases, an alternative means of estimating aquifer
characteristics may be adequate.
For example, it may be acceptable at some sites to perform textural analysis on soil samples
collected from the zone(s) of contamination and to base conservative estimates of aquifer
characteristics on published values for K corresponding to the soil types present. Any observed soil
or relict rock structures should be considered for potential affects on contaminant transport. In
addition, the scientific literature provides methodologies for estimating K from grain size distribution
data [Hazan, 1911; Masch and Denny, 1966; Sherard, Dunningan and Talbot, 1984].
Alternatively, or in addition to soil data, the use of slug test data may be used to estimate K.
It is important to recognize for assessment and monitoring purposes that dissolved contamination
generally migrates in the most transmissive media. Therefore, slug tests should be conducted in the
zones through which contamination is migrating. Further, for aquifers with significant heterogeneity,
several slug tests should be performed in order to obtain a range of values for contaminant transport
rates. Please refer to the Groundwater Section's policy statement on the use of slug tests, dated
October 6, 1995. Copies of this policy may be obtained from the regional offices or from the Pollution
Control Branch.
12/6/95 23
Another method which may be used to estimate contaminant transport rates is to utilize the
site monitoring history in cases where the approximate release date is known or where monitoring has
tracked the migration of the plume over time. If site data demonstrate the approximate time elapsed
for contaminants to migrate from one down gradient monitoring well to another, an estimate of the
transport rate may be calculated. By comparing this empirically-derived contaminant transport rate
with the estimated linear (seepage) velocity for groundwater flow, a rate for natural attenuation may
be estimated for the site.
Regardless of how the groundwater linear velocities and contaminant transport rates are
estimated, the values should always be conservative. In order to predict a worst-case scenario, it
should be generally assumed that there will be no contaminant losses from volatilization. Further,
unless significant organic carbon is documented to be present in the zone(s) through which the
contamination is migrating, adsorption to aquifer material should be assumed to be a minor component
of natural attenuation. Please note that the soil samples for total organic carbon (TOC) analysis should
be collected from an uncontaminated area representative of the contaminant-bearing zones of the
aquifer. If the sample is collected from an area containing significant contamination by organic
compounds the value for TOC could be artificially high causing estimates of retardation due to
adsorption to be too high.
A potentiometric surface map (superimposed on the base map) which identifies the location
of the current plume and all potential receptors must be included in the CAP. The location of one
year of groundwater travel time up gradient of the existing or foreseeable receptor closest to the
leading edge of the plume must be indicated on the map, if applicable. All current and proposed
monitoring wells must also be located on the base map. lsoconcentration maps based on the most
recent analytical data should also be included.
Modeling of Contaminant Fate and Transport
Contaminant fate and transport calculations or computer modeling will often be necessary to
predict the maximum extent to which the plume is expected to migrate. This is particularly important
ifit cannot be demonstrated that the rate at which contaminants are entering the dissolved phase has
reached a steady-state equilibrium with natural attenuation processes and that the plume is not
expanding. Predictive calculations or modeling will be used to provide assurance that potential
receptors will not be impacted and that monitoring plans are adequate to track plume migration. In
addition, they will ensure that all parties required under . 0114(b) to be notified have been identified.
In order to model contaminant transport, the distribution and concentrations or mass fraction
of the contaminants of concern for any residual contaminated soil, aquifer material, or free product
present at the site must be identified. The contaminants of concern must be chosen so that the
behavior of the entire plume can be modeled conservatively based on those compounds. Please refer
to Selecting Contaminants of Concern in the General Information section for additional guidance.
The concentrations of the contaminants of concern may be used to calculate leachate
concentrations and to predict contaminant fate and transport using analytical or numerical ( computer)
models. A decaying source may be used in numerical models to simulate a source area which is
undergoing remediation.
A tiered approach should be used for contaminant fate and transport modeling. The first step
in evaluating plume migration is to develop an appropriate conceptual model of contaminant
12/6/95 24
distnbution and the hydrogeologic framework of the site. Then, ihe available site monitoring history
should be reviewed to see if it can be determined empirically that the plume has reached a steady state
(equilibrium) configuration or is shrinking in size and concentration. If the data are insufficient to
make this determination, simple analytical calculations may be used to predict retardation factors and
contaminant transport rates (Wiedemeier et al., 1995; McAllister and Chiang, 1994). The use of
simple, one-dimensional computer models may also be considered.
Two-and three-dimensional models should not be utilized unless the amount and quality of
site data warrants their use. If these complex models are run using many estimated input values, the
model output may not be worth the effort and expense. Furthermore, several years of monitoring data
are often needed to properly calibrate a numerical model. If these data are available, it might be
sufficient to base predictions of transport and attenuation rates on site history alone, thereby
eliminating the need to run a computer model.
Because all models are based on severely simplifying assumptions about the site,
implementation of CAPs based on modeling will rely heavily on site monitoring. The monitoring
network will provide an early warning system and will provide data necessary to reevaluate
predictions. Computer modeling efforts must be well documented in order to be considered
acceptable. At a minimum, this documentation must include:
-the name, version, and developer of the model,
-the type of sites for which the model was designed and/or is applicable,
-critical assumptions inherent to the model,
-critical conceptual assumptions and estimates ofinput values made by the modeler,
-a description of the calibration process used by the modeler,
-a description of the range of values used and the results of sensitivity analyses on critical
data inputs to the model, and
-a graphical representation and narrative explanation of the modeling results.
Please note that all assumptions and estimated values must be documented in the CAP to be
conservative. Conservative estimates are values that predict worst-case scenarios.
Identifyi n g Potential Receptors
The meaning of'foreseeable receptor' as used in .0106 is defined to include any receptor listed
in Rule .0102 (19). Additionally, a foreseeable receptor may be any property where the groundwater
resources have a potential use, public water is not available, and the permission of the area property
owners allowing contamination to migrate onto their land has not been obtained, including:
12/6/95
-locations for which formal plans exist to use groundwater for public or private use;
-locations for which the property owner(s) has expressed an anticipated or possible future
use of groundwater resources;
-rural locations for which public water supplies will most likely not be available for future
residential, agricultural or industrial development and the owner(s) has expressed a future
anticipated use; and
-locations where the land ownership cannot be determined at present.
25
Utilities will not be considered receptors unless they are predicted to be adversely impacted.
If the plume is predicted to intercept utilities, the CAP must contain a discussion on the physical
integrity of the construction materials (e.g., PVC, polyethylene, glues, gaskets, seals, etc.) in contact
with the contamination. The discussion of material integrity must be presented by a North Carolina
Professional Engineer.
Drainage ditches and surface impoundments of water are considered surface water bodies, and
as such are subject to the standards and criteria set forth in 15A NCAC 2B. The Water Quality
Section of the Division of Environmental Management may be contacted for information related to
surface water classification and standards.
The site, and adjacent properties on to which the plume is predicted to migrate, should be
evaluated for the existence of any of the environmentally sensitive areas listed below. Knowledge of
the presence of sensitive environments will facilitate the determination of special sampling
requirements and the evaluaton of risk to the environment.
1) National Parks and State Parks; Designated and Proposed Federal and State Wilderness and
Natural Areas; Sensitive Areas Identified Under the Natural Estuary Program or the Near
Coastal Waters Program; Critical Areas Identified Under the Clean Lakes Program; Criticial
Habitats or Habitats Known to be Used by State or Federally Designated or Proposed
Endangered or Threatened Species or Species Under Review as to Their Endangered or
Threatened Status; National and State Preserves and Forests; National or State Wildlife
Refuges; Federal Land Designated for Protection of_Natural Ecosystems; Terrestrial Areas
Utilized for Breeding by Large or Dense Aggregations of Animals; Areas Important to
Maintenance of Unique Biotic Communities; State-Designated Areas for Protecton or
Maintenance of Aquatic Life -contact NC Division of Parks and Recreation -Natural
Heritage Program at [phone].
2) Marine Sanctuaries -contact NOAA at 202-606-4126.
3) National Monuments -contact U.S. Park Service at 202-343-7014.
12/6/95
4) National and State Historical Sites-contact NC Department of Cultural Resources at (919)
733-5722.
5) National and State Seashore, Lakeshore and River Recreational Areas; State or Federal
Designated Scenic or Wild Rivers -contact NC Division of Parks and Recreation -Planning
and Development Section at [phone].
6) Areas Identified Under Coastal Protecton Legislation; Coastal Barriers or Units of a Coastal
Barrier Resources System -contact NC Division of Coastal Management at (919) 733-
2293.
7) Spawning Areas Critical for the Maintenance of Fish/Shellfish Species within River, Lake
or Coastal Tidal Waters; Migratory Pathways and Feeding Areas Critical for Maintenance
of Anadromous Fish Species within River Reaches or Areas in Lakes or Coastal Tidal
Waters in which such Fish Spend Extended Periods of Time; State Lands Designated for
Wildlife or Game Managment; State-Designated Areas for Protection or Maintenance of
Aquatic Life -contact NC Wildlife Resources Commission at [phone].
8) Wetlands -(On site or adjacent to site)-contact US Army Corps ofEngineers at (919) 847-
1707.
26
Monitoring
Monitoring plans for alternative corrective action sites must include sufficient monitoring
points to track the horizontal and vertical migration of the plume and to create a warning system of
wells up gradient of potentially impacted receptors as specified in . 0106(1)(7). In addition to tracking
migration, the progress of the remediation must be monitored. This may be done by both direct and
indirect methods. In accordance with ISA NCAC 2L .0110, a North Carolina Professional Engineer
or North Carolina Licensed Geologist is required to report any indication that the implementation of
a CAP pursuant to .0106(k), (1) or (m) is not performing according to predictions.
Monitoring of natural attenuation may be based on direct evidence such as monitoring data
which shows the plume decreasing in volume and concentration. Indirect evidence may also
demonstrate that natural attenuation is occurring at the site. Such a demonstration may include, but
is not limited to, showing: decreases in terminal electron acceptors, increases in the byproducts of
microbial respiration, and the presence ofa significant population of bacteria capable of degrading the
contaminants. In addition, the CAP should indicate which site-specific parameters are predicted to
limit the rate of biodegradation and natural attenuation.
Specific groundwater parameters that may be appropriate to monitor at natural remediation
sites include: contaminant concentrations, concentrations of intermediate compounds formed by
incomplete degradation of contaminants, nutrient concentrations, pH, redox potential (Eh), terminal
electron acceptors ( e.g., oxygen, nitrate, sulfate, Fe3+, Mn4+, Mn3+, etc.), and byproducts of respiration
(e.g., carbon dioxide, methane, Fe2+, Mn+, etc.). Not all of the parameters listed above are
required to be monitored at every site; in some cases an adequate evaluation of the progress of
remediation can be made based on some of these parameters. For example, if the plume can be
shown to be steadily decreasing in concentration, it may not be necessary to monitor any parameters
other than the concentrations of the contaminants of concern. In addition, if the plume is, or is
predicted to discharge to surface water, then water samples must be collected and analyzed
periodically to monitor for impacts to the surface water body. A description of the methods used for
all analyses and field measurements, and justification of their applicability to the site, must also be
provided. For field measurements, the instrument type and calibration method should also be
provided.
Alternative corrective action sites will generally be monitored quarterly for the first year
followed by less frequent monitoring. The Director will consider all reasonable, site-specific
monitoring proposals. The predicted rate of contaminant transport and proximaty to potential
receptors should ·be considered when proposing a monitoring schedule.
Public Notification
All potentially affected parties [as specified in .0114(b)] are required to be notified of proposed
corrective actions. A list of individuals notified, along with copies of the notification letters and the
certified mail receipts (the receipts retained by the sender after mailing), must be included with the
CAP. If the signed return receipts (green cards) are submitted to the Groundwater Section (Section)
at a later date, they should be clearly labeled with the site name, county and Groundwater Incident
Number (PIRF number) so that they can be matched with the CAP. Please note that renotification will
be required if subsequent CAPs or CAP addendums are submitted which contain significant changes
to proposed site actions.
12/6/95 27
The Section has developed a standard letter format to assist the regulated community in
preparing the notification letters required in .0106 (k), (I) and (m) and .0114 (b). The standard letter
contains key elements which must be included in any notification letter in order to satisfy the
requirements of the Rule. In addition, the Section has prepared a standard format for placing public
notice in newspapers. Copies of these shell documents are available from the regional offices and from
the Pollution Control Branch. The shell documents state that the CAP proponent is required to
provide these parties with a copy of the CAP upon request.
A public (newspaper) notice may be substituted for individual notices only under the following
conditions:
-the plume has not migrated, and is not predicted to migrate, onto the properties owned or
occupied by the parties for whom the public notice is replacing individual notification, and
-approval to substitute the public notice for individual notification has been obtained from the
appropriate Regional Office.
Newspaper notices may not be substituted for individual notification of the following parties: the local
Health Director; the chief administrative officer of the local political jurisdiction containing the plume;
and all owners and occupants of properties within the area where the plume is, or is predicted to
migrate.
For sites where the plume is on, or is predicted to migrate onto, property with roads or
highways, the North Carolina Department of Transportation or appropriate local government authority
maintaining ownership or easement should be notified. Similarily, if roads or highways are located
adjacent to the property containing the plume, the DOT or local government authority maintaining
ownership or easement is considered the adjacent property owner and/or occupant and must be
notified pursuant to .0114(b).
In situations where the contamination resulted from the release of petroleum fuel hydrocarbons
from regulated underground storage tanks, the Division may need to fulfill additional public notice
requirements. For sites where public notice of corrective action was placed in local newspapers prior
to implementation of active remediation, the Division shall place a similar notice prior to approving
a CAP under .0106(k), (I) or (m).
If approval of a CAP submitted under this paragraph is granted, the CAP proponent is required
by .0114(c) to notify all parties specified under .0114(b) of the decision. This notification must be
done via certified mail within 30 days of receipt of the approval letter from the Director.
Corrective Action Plan Preparation and Submittal
Each CAP must be submitted to the appropriate regional office on the same day the letters for
public notice are mailed . Each CAP must have a properly executed GW-100 certification form
attached to the front. Either an original or a legible photocopy of an original form must be used; a
CAP will not be accepted if a retyped version of the GW-100 form is used. The GW-100 forms have
been revised since the original November 1993 printing. Copies are available from the Groundwater
Section's regional offices and from the Pollution Control Branch. Each item on the GW-100
certification form must be initialed in ink by hand and the form must bear the seal and signature of the
12/6/95 28
certifying North Carolina-licensed professional [see section .0103(e) for clarification on the
professional jurisdictions of Professional Engineers and Licensed Geologists]. In addition, the CAP
must display the seal and signature of the certifying licensed professional.
The term 'prepared' as used on the GW-100 certification form should be construed to mean
that the CAP has been prepared under the responsible charge of the certifying licensed professional
pursuant to North Carolina Statutes. The term is included on the form because Professional Engineers
and Licensed Geologists are prohibited from certifying plans prepared by individuals not working
under their direct control and supervision.
Reimbursement: State Undergr ound Storage Tank Trust Funds
Reasonable and necessary costs associated with the preparation and implementation of a CAP
will be reimbursed by the State UST Trust Fund for eligible sites under :0I06(k), (1) or (m). Costs
associated with the preparation of a CAP will not be reimbursable if data existed prior to CAP
preparation which clearly indicated that site conditions do not meet the requirements specified in
.0106(k), (1) or (m). Situations where reimbursment will not be made include:
-the plume has migrated ( or is predicted to migrate) off site, public water is not available, and
the permission of offsite property owners allowing the plume onto their property has not
been granted; ·
-the plume is currently causing, or is predicted to cause a violation of surface water standards
or criteria (ISA NCAC 2B);
-the time and direction of contaminant transport cannot be predicted with reasonable certainty;
-contaminated groundwater has or is expected to reach a receptor and resultant adverse
impacts will not be mitigated (see Ident ifyi ng Potential Rece ptors in the General Information
section); ..
-access agreements required for site monitoring and/or remediation cannot be obtained, and
the need for such access should have been anticipated;
-another regulatory agency has authority over any portion of the plume and requires active
remediation; and
-the area in the vicinity of the plume was identified for groundwater resource development
prior to CAP preparation.
In addition to the above, other conditions where reimbursement for the development of a CAP
pursuant to .0106(m) will not be made include:
-sites for which it has not been demonstrated that further groundwater remediation will not
result in significant reductions in contaminant concentrations, and
-sites where the remediation system was improperly designed and/or operated.
Costs associated with the preparation of a "soil only'' CAP under .0106(1) will not be
reimbursable if the Site Sensitivity Evaluation (SSE) is applicable to the site and soil contaminant
concentrations did not exceed the cleanup levels derived from the SSE at the time of CAP preparation.
12/6/95 29
For sites where a CAP has previously been received by the DEM, only those costs associated
with the preparation of new text, calculations, figures, and tables not previously submitted in either
the CSA or the first CAP will be reimbursable. Costs for the purchase of computer equipment,
modeling software, and staff training are not reimbursable. Additionally, costs for performing
toxicological exposure assessments or health risk evaluations are not reimbursable.
(n) Considered to be self-explanatory.
( o) Considered to be self-explanatory.
(p) Considered to be self-explanatory.
( q) Considered to be self-explanatory .
. 0114 NOTIFICATION REQUIREMENTS
Purp ose of Rule
· The Rule defines the notification requirements for contamination incidents not related to
permitted facilities. Although not specified in the Rule, the notice requirements contained in 15A
NCAC .0114 have, as part oftheir·authority, North Carolina General Statute 143.215 .2.
(a) The Chief Administrative Officer is considered to be the Mayor, Chairman of the County
Commissioners, the County Manager, the City Manager or other individual of equal or similar
position as appropriate. Notification must be made by certified mail. These requirements apply
to CAPs submitted pursuant to .0106(c) only. Please be aware that renotification will be
required if subsequent CAPs or CAP addendums are submitted which contain significant
changes to proposed site actions.
(b) These requirements apply to CAPs submitted pursuant to .0106(k), (1) and (m). The Chief
Administrative Officer is considered to be the Mayor, Chairman of the County Commissioners,
the County Manager, the City Manager or other individual of equal or similar position as
appropriate. It is important to note that both the property owners and the occupants of those
properties specified must be notified. The Groundwater Section of the DEM has developed
a standard format to be used by the regulated community when preparing the notification
letters as required under this subsection. It contains several key elements which must be
included in any notification letter if it is to satisfy the requirements of the Rule. Copies of this
shell document are available from the regional offices or from the Pollution Control Branch.
Please be aware that renotification will be required if subsequent CAPs or CAP addendums
are submitted which contain significant changes to proposed site actions.
(c) If the Director grants approval of the CAP, the proponent is required to re-notify all parties
specified in . 0114(b) of the approval . This requirement pertains to all CAPs approved under
.0106(k), (1) and (m).
12/6/95 30
REFERENCES
Borden, RC., C.A. Gomez. and M.T. Becker. 1995.
Geochemical indicators of intrinsic bioremediation.
Ground Water Monitoring Review.Vol. 33, No. 2,
pp. 180-189.
Buscheck, T.E., K.T. O'Reilly, and S.N. Nelson. 1993.
Evaluation of intrinsic bioremediation at field sites.
Proceedings of the Conference on Petroleum Hydrocarbons
and Organic Chemicals in Ground Water: Prevention, Detection,
and Restoration. National Ground Water Association/AP!, Houston,
Texas. November 10-12, 1993 (in press)
Hazen, A. 1911. Discussion of 'dams on sand foundations,'
by A.C. Koenig. Transactions of the American Society of Civil
Engineers. Vol. 73, pp. 199.
Lee, M.D., J.M. Thomas, RC. Borden, P.B. Bedient.
J.T. Wilson, and C.H. Ward. 1988. Biorestoration of aquifiers
contaminated with organic compounds. National Center
For Ground Water Research. A consortium of Rice University,
University of Oklahoma and Oklahoma State University in cooperation
with U.S. EPA, Robert S. Kerr Environmental Research Laboratory,
Ada, Oklahoma. Vol. 18, Issue l, pp. 29-89.
Masch, F.D., and K.l Denny. 1966. Grain-size distribution and its
effect on the permeability of unconsolidated sands. Water Resources
Research. Vol. 2, pp. 665-677
McAllister, P.M. and C.Y. Chiang. 1994. A practical approach
to evaluating natural attentuation of contaminants. Ground Water
Monitoring Review. Spring 1994. pp. 161-173. ·
Menatti, J.A. 1994. Fate and transport modeling of diesel fuel
contamination in the vadose zone. Proceedings of the 4th Annual
_ _ . West Coast Conference on Hydrocarbon Contaminated Soils and
Groundwater (m press).
Norris, RD., RE. Hinchee, R Brown, P.L. McCarty, L. Semprini,
J. T. Wilson, D.H. Kampbell, M. Reinhard, E.J. Bouwer, RC. Borden,
T.M. Vogel, J.M. Thomas, and C.H. Ward. 1994. In-situ bioremediation
of groundwater and geological material: a review of technologies.
U.S. EPA, Robert S. Kerr Environmental Research Laboratory, Ada,
Oklahoma. Report No. 68-C8-0058: Section 9.
Piwoni, M.D., and J.W. Keeley. 1990. Basic concepts of contaminant
sorption at hazardous waste sites. Ground Water Issue, EP A/540/4-
90/053. U.S. EPA, Robert S. Kerr Environmental Research Laboratory,
Ada, Oklahoma.
Rawls, W.J. and D.L.Brakensiek. 1989. Estimation of soil water retention
and hydraulic properties. Unsaturated Flow in Hydrologic Modeling.
H.J. Morel-Seytoux. Kluwer Academic Publishers.
Sherard, J.L., L.P. Dunningan, and J.R. Talbot. 1984. Basic properties of
sand and gravel filters. Journal o/Geotechnical Engineering. Vol. 110,
No. GT6, pp. 684-700.
Sims, J.L., RC. Sims, R.R. Dupont, J.E. Matthews, and R.H. Russell.
1993. In-situ bioremediation of contaminated unsaturated subsurface soils.
Engineering Issue. EPA/540/S-93/501. U.S. EPA, Robert S. Kerr
Environmental Research Laboratory, Ada, Oklahoma.
Sims, J.L., RC. Sims, and J.E. Matthews. 1989. Bioremediation of
contaminated surface soils. EPA-600/9-89/073. U.S. EPA, Robert S.
Kerr Environmental Research Laboratory, Ada, Oklahoma.
Sims, J.L., J.M. Suflita, and R.H. Russell. 1992. In-situ bioremediation
of contaminated ground water. Ground Water Issue. EPA/540/S-92/003.
U.S. EPA, Robert S. Kerr Environmental Research Laboratory, Ada, Oklahoma.
Salanitro, J.P. 1993. The role ofbioattenuation in the management of aromatic
hydrocarbon plumes in aquifiers. Ground Water Monitoring Review. pp. 150-161.
Wiedemeier, T.H., J.T. Wilson, D.H. Kampbell, RN. Miller, and J.E. Hansen.
1995. Technical protocol for implementing intrinsic remediation with long-term
monitoring for natural attentuation of fuel contamination dissolved in groundwater.
Air Force Center for Environmental Excellence, Technology Transfer Division, Brooks
Air Force Base, San Antonio, Texas.
Wisconsin Department of Natural Resources, Emergency and Remedial Response
Program. 1994. Naturally occurring biodegradation as a remedial action option
for soil contamination: interim guidance (revision). Madison, Wisconsin.
Wise, W.R., and R.J. Charbeneau. 1994. In situ estimation of transport parameters:
a field demonstration. Ground Water. Vol. 32, No. 3, pp. 420-429.
GROUNDWATER
1 SA NCAC 2L
CLASSIFICATION AND STANDARDS
AMENDMENTS: RULE .0102; .0103; .0104; .0106; .0107
.0108; .0109; .0110; .0111; .0112; .0113; .0201 AND .0202
ADOPTION: RULE .0114
{APPROVAL DATE:
VOLUME ONE:
TABLE OF CONTENTS
OCTOBER 1, 1993 (RULE .0103 EFFECTIVE
NOVEMBER 1, 1993)}
I. FINAL APPROVAL MATERIALS
A. Final Rule
B. Submission for Filing Forms
C. Rule approved by Rules Review Commission (RRC)
D. RRC Memoranda and Final Changes to Rules
E. RRC Objection to Rule .0103 and Response
II. HEARING OFFICERS MATERIALS
A. Summary of Hearing Officers Recommendations to the
Environmental Management Commission
B. Rule presented to the Environmental Management
Commission
C. Douglas Boykin's letter
D. Staff Memorandum and other documents
III. PUBLIC NOTICE MATERIALS
A. Submission for Notice Form
B. Rule presented at the hearings
C. Newspaper notices
VOLUME TWO:
IV. RULEMAKING SUPPORT DOCUMENTS
A. APA Form 101
B. Summaries of Comment from Hearing Notice
C. Hearing list
D. Proceedings of Hearing Summary
V. CORRESPONDENCE
VI. NEWSPAPER ARTICLES
VOLUME THREE:
VII. PUBLIC COMMENTS
A. Written Comments
VOLUME FOUR:
VIII. PUBLIC COMMENTS
A. Written Comments (CONTINUED)
B. Timely Legislative Comment
C. Timely Letters to the EMC Chairman
VOLUME FIVE:
IX. PUBLIC COMMENTS
A. Timely Letters to the EMC Chairman (CONTINUED)
B. Groundwater Section Staff Comments
C. Timely Response/Comment from Professional Practice
Boards (Geology and Engineering)
D. Responses of the Division of Epidemiology
E. Late Comments
SUBCHAPTER 2L -GROUNDWATER CLASSIFICATION AND STANDARDS
SECTION .0100 -GENERAL CONSIDERATIONS
15A NCAC 2L .0102 has been amended with changes as published in 7:24
NCR 2669-2671 as follows :
.0102 DEFINITIONS
The definition of any word or phrase used in these mies shall be the same as given in
G .S. 143-212 and G.S. 143-213 except that the following words and phrases shall have the
following meanings:
( 1) "Bedrock" means any consolidated rock encountered in the place in which it was
fo1med or deposited and which cannot be readily excavated without the use of explo-
sives or power equipment.
(2) "Commission" means the Environmental Management Commission as organized under
Chapter 143B of the General Statutes.
(3) "Compliance boundary" means a boundary around a disposal system at and beyond
which wttlef ~roundwater quality standards may not be exceeded and only applies to
facilities which have received a permit issued under the authoritv of G.S. 143-215.l_or
G.S. 130A. ,er-fer-disposal systems pet'fflitted lry-th-e-Department ef-Human R:esttt:ttv.
es-:
fil "Contaminant" means fil!Y_Substance occurrin g in groundwater in concentrations which
exceed the Qroundwater quality standards s pecified in Rule .0202 of this Subcha pt~r:
(5)\~ "Corrective action .Q.@!L_means a plan for eli:rninating sources of groundwater con-
taminat~~1:} __ J}.f%~~,=~=i:~( ___ ~r __ (~{::{{t~}j__J?_r __ ~~~i-~~-i r1~ __ gro~1~~~ate!:_gu_~~i_tv ~e~_t_o;·~ti,Jn 0r
both. ,== :t:t::=:,=j:: :i: ::::: :=:===== =~::~:, =?=:? ==--·-:-=::E:=::::=~=:====l =?=~=: =~=,=t :;:::,:?:?==== ::,=:~t =::/?=::::======>:=-:-===:::=:===--======:r:=t =:-:-__ -_ --• _:_ :_:: ®t t4J ''Dir~~-t~~~~;--;;-~~~~--6;~:~~ct~~:--~Tth;--n{~-,T~i~-~---~ri~~;-i~:~~~-~-~t;i---M~~-;g~~-~;-;:-------.-----.
('t~) "Division" means the Division of Environmental Management.
(8}( "Ex posure pathway" means a course taken Qy_a contaminant bv ~of a trans po1i
medium after its release to the environment.
@:::~ "Free product" means a non-aq ueous phase liquid which mav be present
_j))=,=t~~tJ!:~~/?f~=f/}i? within the saturated zone or in smface water .
(}Of~ f-5j "Fresh groundwaters" means those groundwaters having a chloride concentration
equal to or less than 250 milligrams per liter.
ffi){ t-61 "Groundwater( means those waters occurring in the subsurface unde¾ saturated
conditioris.~ef~~
cfifa= fH'Hazardou~ sub;tan~~,; means any substance as defined by Section 101 (14) of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA).
(13)::~:: "Licensed geologist" means a person who has been duly licensed as a geologist in
accordance with the re y uirements of G.S. 89£.
(1:4'):}'Natural remediation" ~~~~=!~=~~~~=~=~~~~=~~~=~ means those natural processes acting to
restore groundwater q ualitv. includirn.! dilution. filtration. SOI J)tion. ion-exchan ge.
chemical transfo1mation and biodegradation.
(15) "Practical Quantitation ~~~~@):~@~~ Lilffit" means th~ fo~esi 86tfc&nriatr6h _QI~ ~i¾j
tnate11al' that eari he folfablv ~cht~{;ed artioii'g fabornfories wfrhiri 'specifiect H{rift~ fil'
precisiort irtd illicutacV !?i_ li gt-Seri an~vtical h1ethod during 1-outlifo faboiiitifiy
ana1ys1~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~: ~ ~ ~ ~ ~ = ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~-~ ~ ~:~ ~ ~ ~ =: = ~ = ~ ~
(8) "Limit ef Detectability" means the method detection ttmit established fef-the--H:-8-:--:EPA
appro·.zed test-procedure providing the-lo•,;vest method de-teet-ieH-l-i-mi-t-fuf-the substarwe
bemg--monitored.
lfoi? (-9J "Natural conditions" means the physical, biological, chemical and radiological
conditions which occur naturally.
{17 %~ f+G1 "Potable waters" means those waters suitable for drinking~ by humans.
U&~? "Professional Engineer" means a person who has been duly re gistered and licensed
as a professional encineer in accordance with the requirements .of G .. s. 89C.
fJ§t~ "Receptor" means _ any hurriati; pfarit, ah1mar} of structure _ ~+tich !& or ha~ th¢ -
potential fo be~ adv'ersel~ effect~d hi the 1·elease 6r migrritlort of contarriirtants~ AfiV
well constructed fot the purpo~e of monitonri 'i.! iriuundwater and CC>htatn1n~rit
~~~~f1t~\!~~A ~~~~~1~-~~;:~~~=-~~f ~•~t-~~~l~r~~~t:~i:1~ff ff ~~~~:;ffJm=n=~~~~(;=~:~=~=~=~:~=~=~~:~=;=~=~:~=~:~:
QQ}(+--1--)"Review boundary" means a boundaty around a permitted disposal facility, midway
between a waste bounda1y and a compliance boundary at which groundwater
monitoring is required.
(21)( l2)"Saline groundwaters" means those groundwaters having a chloride concentration of
more than 250 mg/I.
~"Saturated zone" means that part of the subsurface below the water table in which
all the interconnected voids are filled with water under pressure at or greater than
atmosphe1ic. It does not include the capilla1y fringe.
C23)"Standardsj ' means grouridwater cr11°ality standa1~ds as specified in Rule .0202 of th ti
Subchapter.
(24 f : fl-41 "Suitable for drinking" means a quality of water which does not contain
substances in concentrations which, either singularly or in combination if ingested into
the human body, may cause death, disease, behavioral abnoimalities, congenital
defects, genetic mutations, or result in an incremental lifetime cancer risk in excess of
lxI0·6, or render the water unacceptable due to aesthetic qualities, including taste , odor
or appearance.
(25f;~ "Time of travel'' means the time required for contaminants in groundwater to move a
unit distance. ·
(26 -~~~ f:-l---57'Waste bounda1y" means the perimeter of the pe1mitted waste disposal area.
(27):i f-t-67'Water table" means the smface of the saturated zone below which all intercon
nected voids are filled with water and at which the pressure is atmospheric.
Hist01y Note: Statut01y Authority G.S. 143-214.1; 143-215; 143B-282;
Eff. June 10, 1979.
Amended Eff. October 1.. 1993: August I, 1989;
July 1, 1988; March 1, 1985; September 1, 1984 .
15A NCAC 2L .0103 has been amended with changes as published in 7:24 NCR 2671 as
follows:
.0103 POLICY
(a) The rules established in this Subchapter are intended to maintain and preserve the
quality of the groundwaters, prevent and abate pollution and contamination of the waters of
the state, protect public health, and pennit management of the groundwaters for their best
usage by the citizens of Notth Carolina. It is the policy of the Commission that the best us-
age of the groundwaters of the state is as a source of drinking water. These groundwaters
generally are a potable source of drinking water without the necessity of significant treatment.
It is the intent of these Rules to protect the overall high quality of N011h Carolina's
groundwaters ruttHe-eahanee aoo restore the-quality ef degraded groundwatef5 to the level
established by the standards: and to enhance and restore the quality of de graded groundwaters
where feasible and necessarv to protect human health and the environment. or to ensure their
suitabilit \' as a future source of drinkin g water.
{b) It is the intention of the Commission to protect all groundwaters to a level of quality
at least as high as that required under the stan<l.ards established in Rule .0202 of this Subchap-
ter. In keeping with the policy of the Commission to protect, maintain, and enhance ground-
water quality within the State of North Carolina, the Commission will not approve any dispos-
al system subject to the provisions ofG.S. 143-215.1 which would result in:
{ 1) the significant degradation of groundwaters ef which have t¥ existing quality that
is better than the assigned standard. unless such de 2radation fs found to be
~eoHonlically ttft6 soeially justifiable. in the best interests of th~ dtiz-ens of North
Carolina based uport the prciiected econmic benefits of the facility and a
detetmination that public health will be protected, or
{2) a violation of a watef groundwater quality standard beyond the boundaries ef-the
property Oft-which the-source of pollution i-s-loeated, 6f_a designated com pliance
bounda1v. or
(3) the impainnent of existing groundwater uses or an adverse:: 1mp_!).Cl eF.rtfte increased
rtsk td the health or safety of the public ~9al~~, safety ~ ":!'.elf~i-¢ due t◊ ine
o p eration of a waste disp osal system.
(c) Violations of ground:Vv·atet" qll:tll _ity standards resulting from groundwater withdrawals
which are in compliance with water use petmits issued pursuant to G.S. 143-215.15, shall not
be subject to the cotTective action requirements of Rule .0 I 06 of this Subchapter.
(d) No person shall conduct or cause to be conducted, any activity which causes the con-
centration of any substance to exceed that specified in Rule .0202 of this Subchapter, except
as authorized by the mies of this Subchapter.
(e ) Work that fs within the s~ope of the practice of geology and engineering. performed
nursuant to the requirements of this Subchapter. which invoh·es site assessment. the interpreta-
tion of subsmface 11 eolog ic conditions. preparation of conceptual coITective action plans or
~ work requiring detailed technical knowledge of site conditions which is submitted to the
Director. shall be perfo1med bv persons. foms or professional corporations who are dulv li-
censed to offer l!eoloc ical or en l!ineerin g services bv the appropriate occu pational licensin g
board or are exempted from such licen'sing '2Y_ G.S .. 89E-6. Work which involves design of
remedial sy stems or sp ecialized constrnction techni q ues shall be petformed hY. persons, foms
or professional co rp orations who are duly licensed to offer en 11:ineerin e services. Corp orations
that are authorized bv law to perform erni ineering or 2:eolo l!ical services and are exem pt from
the Professional Co1 p oration Act. G.S. 55B, mav perform these services.
History Note: Statut01y Authority G.S. 143-214.1; 143-214.2; 143-215.3(e);
143-215 .3(a)(l); 143B-282;
Eff. June 10, 1979;
Amended Eff. October 1_1993; August 1, 1989; July 1, 1988;
September 1, 1984; December 30, 1983 .
15A NCAC 2L .0104 has been amended with changes as published in 7:24 NCR 2671-
2672 as follows:
.0104 RESTRICTED DESIGNATION (RS)
fa) The RS designatio~ serves as~ warning that i,~ou~dwate{ so designated -mav iiot bd
<,,.'.'✓• ..... ,;,._,.,;,,_,~:I"··--·;·-_-•:.,,. . --~-. ·---·. --•.;.:-,, ·_ .• , ·:-·'."./ .• -.·-. ·;, •.• ·-·'. -.;~--,,:·-%"/.-1/..-:,! .. ,._.; suitable fot use as ~ drinkmu water supply without treatment. __ The des1gnat10n JS temporary_
~d will be removed bv the DiL:ector upori ~ determination that the quality of th€ gro.uridwater
!2_ designated has beeri restored fu . the level of the applicable standards ot when
~he groundwaters have been reclassified ID'... the Commission:
The Director is authorized to designate GA or GSA groundwaters as RS under any of the
following circumstances:
(I) Where, as a result of man's activities, groundwaters_have been contamiuat~a {m.d
eoftta.in concentrations ef Sttb~tane,es m-~~ess M-Hle-gro~ndviat~t; qualI~ ~ifff~§ :=!!:.::e~~~~:e~=. l:TI~:f;~~1J~:~~t:\f r;;i :~:~K!t~i::M~;~l~~I:~~::~:=~~:::=:~~~
the Director has approved , a COITective a<.:tion plan. , ::}}::~~::~::~~~~~::~~::\~::~~f;}:~::::~rn~:~~~=~===~f\
,: or term1nation of cdn·ective action. that will not result in the immediate restoration of such ri'rouridwaters to the standards established under this Subchapteri
{2) Where a statutory variance has been granted as provided in Rule .0113 of this
.. ~-{!~C~-~P!~r:-__ -----------·-------· --------------------------·· -------------·-·· ----;~; ~;~; ~;~; :;:;;~; ~;~; ~=:-; ;~; ~~~; ~;~: ~;~;~1;~;~;;;~;~;~; ~;~; ~;~; t~; :;= ;~ ~~;~;~: {~~ ;;~; ;;~; ;;:~ :;~;:;~; ~;~; ~;;~~ ~~~ ~;~: ;;~; ~~~~~:; ~;~;~;~ ~ :;~_ :;~~: ;~: :;~~ ~;~~ ~~~~ ~;~;~;~; ~;~~~~; ~;
(b) Groundwaters occmTin~ within an area defined J2y_a compliance boundary in _i!_ waste
disposal pennit are deemed to be desi1rnated RS.
(c )fb1 The boundary of a designated RS area may be approximated in the absei{ce of
artilyticaf cfufa sufficient to define the dimension of the area. The boundaiy shall be located
&_least 250 feet away from the predicted edge of the contaminant plume, and shall rhdude
any areas into which the contamination is expected to migrate. '.fhe-RB desigHati.o,~ ~6Q·9~ ftS:-~.
v,arniHg thftt-grouHdvta:ter so desigHa-ted lflfty"ftet-l}e suitable fflrttae-ftS-tl drinking :waiff-~
~i¥~~~~~i.;:;1~~~;;::.;~~:~~;a;~~;'"'94
: : : : : ~:::::: =-~ =:::::: :_::: -: : : : : : :_::: =-= ~::: :-:::::::: ~ ::~ :: :: :: : : : : ·:: ~-=~: :-_·--=-~-=-= :_:_:_:_.:_-:_._:_:_: __ ":._:_:~:_:~:_:_-~_-._:_:_:_:_:_:_:_:_
TP,i _ desi~ation i5--temporary ftfld--vvtl+-be fCffim•e4 by-the-Director ttpefrft dg~etmi~~~!Ofl ~
~e, g~ality et:~ gf()ttnd·~vater ~-dp~igµaj:ed ~~ restored to-the-~?f-~ ~ll:Pli9~~J¢
standards ef-Wftefl reclassified . GC.
,_ (d") Iri areas designated RS. ;~j~j the person responsible for groundwater contamination
f ~~&;-~=:~n:~~I~=~t shall establish and implement a groundwater monitoring system sufficient to de-
tect changes in groundwater quality within the RS designated area. Monitorinl! shall be
t~~~~~=~~=~~:::~;=~~=~~~~~~~:~= quarterly for the first year and may be reduced to semi.:annuaUy iliereafter until
the applicable ~~~~~~~1{:~r~t~~t~S=~ standards have been achieved. ~~~~~~:~/~:i~~it~~~~~~~~~:Ir~~j~~~j~=~ti~j
If during the monitoring pe1iod. contaminant concentrations increase. additional remedial ac-
tion §i..monitoring pursuant to these Rules may be required.
&} The applicant for an RS deshmation shall also prnvide written verifica.tfon that all
property owners within and adjacent to the proposed RS area have been notified of the .r~.,
guest~ RS desi unation.
tnr~ The Division shall p rov1de public notice ~~~~~~:~==~~jtHI}J~r~~~t~=t~~~~r of the intent to desig-
nate ~ g roundwater RS in accordattce whh the following re guirefuer1ti;
~~~rf r~-rf r~-~--~-rf r~-~ ~-~ f ~ ~rf ~ f~ ~-= r~ ~-f
(
1
) ~~:;c:c~:~
1 :Jil~t!~t~t;~1~:~i~l!if}~i~l~~is:r=~:=i~f~I~i:~~L11 tt:h ~:sfai4liitt~ :~:~~~r::,ed
notice shall -b~ -p ~o;i~i~~( to -~if p;6pertv -o-iners identified putsriant tg_'.Paiigraph@
of this Rule and to the local Count v Health Director and the chief administrative
officer of the political jurisdiction (s) in which the contamination occurs.
ID The notice shall ,il:=:=flt :~:::~}f,f contain the following in:tofhiaHt;ii:
.{Al_name, address, and phone number of the agency issuin g the public
notice:
@l the location and extent of the designc1ted area .
(C) th¢ county title number: couritv tax id~ntificatiOtl number'; 6i the pron~tty
_ tax book and page identifiers.
(D) a brief descri ption of the action or actions which resulted in the
de!!radation of groundwater in the area;
(E) actions or intended actions taken to restore groundwater quality;
(F) the si !!nificance of the RS designation:
(G) conditions applicable to removal of the RS designation:
tH) address and phone number of a Division contact from whorii
interested paities may obtain further info1mation.
ill The Director shall consider all re quests for a public hearing . and if he dete1mines
that there ii_significant public interest he shall issue public · notice and hold a public
hearing in accordance with G.S 143-215 .4(b l and Rule 0 l l 3 (e ) of this Subcha ()'ter.
('4} These re quirements shall not ~ to groundwaters defined in J>arafu:a pb ilil of this
Rul~i .
Histoiy Note: Statuto1y Autho1ity G.S. 143-214 .1; 143-215 .3(a)(l); 143B-282(2);
Eff. June 10, 1979 ;
Amended Eff. October 1_ 1993; December I , 1989; August 1, 1989;
December 30, 1983.
15A NCAC 2L .0106 has been amended with changes as published in 7:24 NCR 2672-2676
as follows:
.0106 CORRECTIVE ACTION
(a)--.'.f-he-gool-ef actions ta:kefl-te-rcstore groundv1ater quality Af½frH--be testoration re-the
kwet-ef the standards, er-as-el-ose-thereto as-is-eeoRomieall)· -aoo technologically feasible.
Where l!roundwater quality has been degraded. the goal of ~required cotTective action shall
be restoration to the level of the t t tt~J\JtI I II][\~j standards. }Jjj{f{I@JtlJtf(. "''
or ~ closely thereto as is economicall v and technologicall y feasible. In all cases involving te4 ~-. -. . -·-.. -. -_-•" .· .. .,,-, .... --. . .. ..·, . '·-···,•·· _···· --·-.·,;,;,,,-,·,,, ... i,,.~
guests to the Director for approval of corrective action plans, or te1mination gf_ corrective aci
·• . . . . . .. . . . . . ...... ·. .. .· . .... . . . . . . .,, .. , ,. ' . ',, .. ,.;':;;,\"""
tion; the 1:esponsibilitv for providing all hff01mation req uired .!2y_ this Rule lies with the pe.r~
son{~) tnakini the requesE
(b) Any person conducting or controlling an activity which results in the discharge of a
waste or hazardous substance or oil to the groundwaters of the State, or in. proximity thereto,
shall take immediate action to tenninate and control the discharge, mitigate any hazards result-
ing from exposure to the pollutants and notify the Department Division of the discharge.
(c) Any person conducting or controlling an activity_ which has not been permitted bv the
Division and which results in an increase in the concentration of a substance in excess of the
gt'Ottn.d1,yater standard~ other than a l!r icultui:al o perations. shall:
·•· · · ···flras-the-~of~.tiy_iH~§, ~$,:tm agri9ultt1ftll oper,a,tion§~ 1fo! t19rJWtJq4, ·µ-y ~
Ssta.te shftH-
ill i~medi;t~lv notifv· the Division of the activity that has resulted in the increase ;and
the contaminant concentratfon levels; -//~-?:~:~~~:::
(2) take immediate action to eliminate the source or sources of
contamination:
Q2 submit a report to the Director assessing the cause, significance and extent of the
violation; and
ffi submit a im plement an approved cmTective action plan ftftti schedule fut:
eliminating t-he-sourne ef con:tamina.tioR -aoo for restoration of groundwater
quality~ attd-implement an-approved l}t8:fl in accordance with a schedule established
by the Director, or his desi 1mee. In establishing a schedule the Director, or his
designee shall consider any reasonable schedule proposed by the person submitting
the plan. A repoti shall ~made to the Health Director of the county or counties
in which the contamination occurs in accordance with the re yuirements of Rule
.0114(a ) in this Subchapter .
.(g)ffi Any person conducting or controllin ~ an as-a-restt#-of activities activity which i$
conducted under the authority of a pennit issued bv the Division g~=:::tftter ~y1h¢:re SttOO
and which results i11 an increase in concentration of a substance iii e~ce~s of the ;tandards'
909,9,~mtni.tions ~ getee~q~:
(1){:t\j at or beyond a review boundary, shall demonstrate, through predictive
calculations or modeling, that natural site conditions, facility design and operational
controls will prevent a violation of standards at the compliance boundary; or submit
a plan for alteration of existing site conditions, facility design or operational
controls that will prevent a violation at the compliance boundary, and implement
that plan upon its approval by the Director, QLhis desi~nee.
(2)(1'{) at or beyond a compliance boundary, shall assess the cause, significance
and extent of the violation of grpµnsh;{~~ qy~Jity standards and submit the results
of the investigation, [nd a plan~ ~nd p~op~sed ~~hedule for groundwater quality
restoration corrective action to the Director.1.. or his desi gnee. The pe1mittee shall
implement the plan as approved by and in accordance with a schedule established
by the Director.1.. or his desi imee. In establishing a schedule the Directorl or his
desi gnee shall . consider any reasonable schedule proposed '.by the pe1mittee.
fe) Foi; the phlposes c>f Paiigriphs (c) ~nd @_ of thE! Rule. an activity condu'cted Jndeli .
the . ··authotitv of a permi't fasUed & the Division. and sub i ect to Pai~agraph {cl) bf ilii§
Rule, is orie for w.hfoh: _ .·· ... _ _ _, _ _ ... _. _ _ _ .. _
(r) a perrriit has been issued pufsuant to d-.s. 143-215.1:
{') the permit was ong:in.-aH v issued after December 30. 1983;
(3) the substance for which a standard has been exceeded outside the corri pltan~~
boundarv has been released to g roundwater as a result of the permitted activity;
(4 ) All other activities shall for the purpose of this Rule be deemed not perini{ted ~
the Division and subject to the provisions of Paragraph fil of this Rule-)
filt C01Tective action re quired following discoverv of the unauthorized release of a contami-
nant !Q. the smface or subsurface of the land, and prior to or concutTent with the assessment
re q uired in Paragraphs ffland (d) of this Rule. shall include. but is not limited to:
ill Prevention of fire. ex plosion or the spread of noxious fumes;
@Abatement. containment or control of the migration of contaminants:
filRemoval. or treatment and control of~ primary pollution source such as buried
waste, waste stock p iles or surficial accumulations of free p roducts:
ffi.Removal. treatment or control of secondary pollution sources which would be {i
potential continuing sources of pollutants to the groundwaters such as contaminateJ
soils and non-aqueous phase li q uids. Contaminated soils which threaten the quality
of groundwaters must be treated. contained or dis posed of in accordance with
applicable mies and procedures established QY_the Division. The treatment or
dis posal of contaminated soils shall be conducted in a manner that will not result in
El_ Violation of f tt/:trtt f{tft fl standards }ft= or N01th Carolina Hazardous
Waste Mana l!ement rules.
Wt~ The si_te assessment. conduct=~~-£~~~~-~~~J.}~.:-:!~_;:1~~g uirements of Paragraph ( c)c>,
of this Rule, shall mclude ::_:====::::;::::========:::=::::::======::::::::i::: ~
ill The source and cause of contamination:
filAnv imminent hazards to public health and safetv and actions taken to miti gate
them in accordance with Para(rra ph ill It~ of this Rule:
filAII :=:~=~:~=/~=;=~=~=~=~~=~= rece ptors and significant ex posure pathways;
fil The horizontal and ve1tical extent of soil and groundwater contamination and all
significant factors affecting contaminant trans po1t: and
12_ Geolog ical and hvdro l!eological features influencing the movement. chemical. and
phvsical character of the contaminants .
Re p01ts of site assessments shall .!2!._submitted to the Division as soon as p racticabie or in
accordance with a schedule established QY_ the Director. or his designee. ln establishin u a
schedule the Director. or his designee shall consider ~reasonable proposal bv the person
submitting the report.
::0-1 I 4<h) bf th1s Subch~'otir ~ .· . . . . ·.. . .·. . . ··.· . . . . . .... · ... f7) that the proposed c.oii'ectiv~ hctf&ri plan would be consistent whB alt Qthey
Jnvirorimentai fawi r -_-__________ --------------------_. __ ._ --------------------_-_-.-. ----·----------_-_-_-_-_-_-__________ -_-___________ ------------_-_. ---· ------_-_-_______________________________ _
~~f ===~=;=-gi~~6~=-~~-~~~~f f ~-=r~~r~~~fl~=-~;ri:irJ:J-I2~~1~~IH~i-=r~m;A:~1=J~==1JI ~. rion~petr
tnitted site pursuant id_ this. Rule rriay request that ihe Director approve siich ~ plah based iiri6rt
riatural procesifos of degradatfon arid attciiuatfon 6'f contaminants: A regrtest 1;ubm1tted !4_ ftie
bi~for uiid~i-tMg Pa1;igraoh siiMl i'iiclud'e li descri ption of site i pedfic foiidi'.tioiis't lhc1ucilrig
•. : .""" · .. , .... -.·, • .... -~-.-··,/'•., • • · .. ,_..... .· ·•· .,, .. ,· ... _,, -•• .••-'. •-. , • · .. ••• ,:•.•'.'~·•••; "/, ··.•":.,.,_ .··,• .. •"·• .· ('"/ ,., .. ,_h/_'"% written documetitation of projected droiliidwater use iri the contaminated area b~ed oh 6.tifetd
State dr focal g&/ernnie~ planning e.ffo11s; th~ techni6aI basis f01; the feguesH and afi·y cidie.t
information re quested hY_ the Director to thoroughly evaluate the re tj uesH In add.itIDM ~
pets5h triaktrig ihe reiiuest rt1\isi cfotnc>ristra'.fo fo the siitisfaction Of the tHrectoH .
fl} that ail sourc~0
S of contaminaiion and .free product have been feirt<ived ru:
controlled gursuant to Paragraph lli of this Rule; .• .. _ . _ . . _ . _ .··
{21 that th~. ootitaminarit has the fapaci ty to de !!rade or attenuate unde1: fM
site--s pecific conditions :
ID that the time and direction ol €ontam1narit travel can be predicted WJth fe :isonablri
certaintvi
@_ that contaminant mi ~1·ation 'w{il not 1:esuhin any violatlon 6f applicabl~
gtoundwater standards at i1riy existing or foreseeable receptot~
(5) that contaminants have riot a.n°J will not mi erate onto ad jacent propert1e's°; ()I: ih~t
(A) such pt~obeiiies a1~e served bv an exfstin ~ public water supply syst~m
dependeht ort surface waters or hvdraulicallv isolated gi·oundwat<6ri cit
(B) the owners of ·such properties have consented in writin g to the regtiesh
fil_ that. if the coritaminarit plume ts ex pected to interce pt surface waters:; thJ
ru:oundwater dischar ge wtH not possess contaminant concentratiorts ihat Would
result in violations of standards for surface waters contained iri
15A NCAC 2B ,0200;
Ql that the person makin g the request will put in place a groundwater monitorin g
prograrii sufficient to track the de i.!radation and attenuation of confaminanis and
contaminant by-products within and down gradient of the plume . and t6 detect
contaminants and contaminant by-products prior to their reachin g anj(exfating QI
foreseeable receptor at least one year's time of travei upgradient of the reaeptot
and no greater than the distance the groundwater at the contaminated iiie is
predicted to travel iri five vead; (8) that aH necessa ry~ access agreements needed to monitor groundwater ciuaHty pu~:si~
imt to Subparagraph (7) qf this Rule havci been or can he obta1ned; . . .
{9) that public iioHc-e of the regtiest has been provided in accorda11be with Rµl~
.0 l 14 (h l of this Subcha pter': artd
(iO) that the proposed corrective aciion plan .Would be consistent with ~ ◊th~
_____ ):nvironiiienhil laws'.__________________________________ _ ______________________________________ _ : : :-: : :: : : :-: -: : :: : : :-: :-: :-: :-: : : : : : : ::-: : : : : .-: . : : : : :-: : : :-: :-: : : :-: :-: :-: ..:-: :-: :-: :-:-_-: :-: ~-= :-: -: : -: : :-: : : : : : : -:-: : : :-: : : --: : : : : :-: : : :-: (m:~rr==;:h~==-1si=~,:i6~=~~-==~ri~==;~i:~6~=-;~6~i=;~~=-~6==r~=~=t;~=~~;=':-,·z~=;;~:~~:==6~rie6~i=;~~=~2B~t=======
pla1d'or a non-petmitted sitepursuant t-0 this Rule may request that the Director appt~#
minatibn of codectiv~ action:
(1) A teq ue-si submitted to the 6,rectoi: i.mdet this Paragr~ph shall intlude ~
(A) a discussion of the duration of the corrective action; the ·total fu;o;eds co~tj
profected arthual cost for continuance and evaluation Qf the success of th6 corrective action ';
ml an evaluation of alternate treatment technolog ies which could result in furth~t
reduction of contaminant levels projected capital and arinual operating costs for
each technology;
(C) effects, includin g health arid safety impacts, on groiindwater users if contatnlf
nant levels remain at levels existing at the time corrective actidn is terminate.d\
and -.. _. __ ,,_., . ,._ .•. _. __ .. ·. ··•·¾
ffil<:m:y ot~er infom1ation requested QY. the Director to thoroughly evaluate the
request
(2) In addition . the person making the request m~st demonstrate to the satisfactioti Qf
the Directori
{Al that continuation of corrective action ~ould not result in a si ~nificant r~duction
in the concentration of contaminants (At a rniniriuim this demcinstration iriiist
show the duration and degree of success of existin g l~emedial efforts to att~iii
standards and include a showing that the asymptotic slope of fhi contaminant§
curve of decontamination is less than a ratio of I :40 over a term of one veAf
based on quarterly sampling):
fill that contaminants . have not and will not migrate onto ad jacent -properties.
ill~ . ···-,, , .. , .... (ii such properties are served bv an existin g public water supply system
de pendent on surface waters or h vdraulica1l v isolated grouhd'water. or
ilil the m,vners of such properties have consented in writing fd the regiiest;;
(C) that. if the contaminant p lumes ex pected to interce pt surface watets; the
groundwater discharge will not possess contaminant concentrations that would
result in violations of standards for surface waters contained in
15A NCAC 2B .0200;
@that public notice of the request has been provided in accordance with
Rule .0114(h) of this Subchapter: and
,(fil_ that . the proposed termination would be consisknt with all other environmental
laws ;
ill The ~ctor shall not authorize termination of COlTective action for any area th~t.
at the time the request is made; has been identified bv a state or 1-0dl groundw;iiter
use planning process for resource development.
\=:I~=~:~=~:~=~~~=~:~:~~:.:~~~~~:;~~:~=~:~=::~=~~~:~:~:~:~:~~~=~~_:~~~=~~~~~~~:~~~~~~;~~~~=;~~~~~=):~~~~~ ~~~~~f ~~~~~~x~:~~: .~: ~:~-:~~:~:~: ~ =~~=~~:~~t ~ ~ ~= ~~~ -~ ~ :=~:~~=:~~~:~: ~:~~-~~: r~ ~~~=: ~ :~:~:~~ ~: ~~ f ~~~:~: ~:
ffiftj The_ Director may authorize the-diseofltifluafloe e-f remedial actiofl re restore
groufldwater quality te--tfte-±eTcl-ef-the-stafldard ~ft demoflstration by-tfte-re-
sponsible pat1y-te--tfte-Director that continuance vrnuld net-resttlt-i-n-significant re-
duction ifl-the-eofleentratimi. ef-contam.inants. In tm: cofl:sider1:1.tion ef-a-request te
discontinue remedial actions , the-Director s-haH-eonsider th-c du.ration flflfrdegree ef
success of remedial efforts, the-feasibility ef-etflef-treatment techfliques whieft
eettld-restttt-tft fu11her rnduction et eofl:tamiflant lc\·els, ftfttl--tfte-effeet..OR groundwa
tef-USCff-i-f-contaminants remain at-1-eveh existing ttt--the-ti-me-ef-tcnnination ef
remedial aetioB. the te1mination of _-_-_-~ c01Tective action, or amend the conective
action plan after considerin g all the info1mation in the re q uest. Uoon termination of
COlTective action. the Director shall requite implemenfatfon of a groundwater moni-
toring program ~=~=~=~~=~=~=~~~=?~~=~= sufficient to track the degradation and attenuation of
contaminants at a location of at least one year's pred1cted time of travel upgradient
of fil!Y.. existin1r or foreseeable rece r tor. The monitorin rr program shall remain in
effect until there is sufficient evidence that the contaminant concentrations have
been reduced to the level of the standards.
!.!!}ff) Upon a dete1mination by the Director that continued remedial corTective actioHs ac-
tion would result in no significant reduction in contaminant concentrations, the-responsible
pttrty-sha-H---petition fof-tt-varifl:Bce &-tl reclassification of-the-impacted grotind>vvaters. and the
thniarhinated '.?~~IL~~ l!roundwaters can be tendered }~~~If~: potable .!2_y_ treatment using readily
available and economicall v reasonable technolo uies \~~~:~~~~~? . the Director may desi l!nate the
remainin g area of degraded groundwater RS. Where the remainine: de e:raded groundwaters
cannot be made potable by such treatment. the Director mav consider a re quest for reclassifi-
cation of the gtouridwater to a GC classification as outlined in Rul~ .0201.
(o) lf at anv time the Director determines that a new technolog v is available that would
remediate the contaminated groundwater to the standards s pecified in Rule .0202, the Director
may require the res ponsible pmiv to evaluate the economic and technological feasibi1if v gf
implementing the new techriologv in an t:~g:~:~;~:~;;:~:::~)-=: active e:roundwater conective action plan
in accordance with a schedule established bv the Director. The Director's determination fti
····.'.-·:·. · .. ·-,• ' .. ·•·,. . . . . ,;, ,'' .. ~-
utilize new technology af any site or for any particular constituent shall include a consider~
ati-0n of the factors in Rule .0106 (h ).
(p)fg) Where grottflcj.vi•a:ter quality standards are exceeded as a result of the application of
pesticides or other agricultural chemicals, the Director shall requ~st the Pesticide Board or the
Depa1iment of Agriculture to assist the Division of Environmental Management in determining
the cause of the violation. If the violation is dete1mined to have resulted from the use of pes-
ticides, the Director shall request the Pesticide Board to take appropriate regulatory action to
control the use of the chemical or chemicals responsible for, or contributing to, such viola-
tions, or to discontinue their use.
. fu The approval pursuant to this section _o 106 of any corrective actiori plan; Ot mo<lifita+
tion or tennination thereof. which pennits the mi!:!ration of a contaminant onto .adj'acent proj,;4
~shall not affect any private right of action bv anv pa1tv which ~be effected J2y_that
contamination
History Note : Statutoty Authority G.S. 143-2 lS.2; 143-215.3(a)(l ); l 43B-282;
Eff. August 1, 1989.
Amended Eff. October l.,_ 1993 ; September 1, 1992
ISA NCAC 2L .0107 has been amended with changes as published in 7:24 NCR 2676_-2677
as follows:
.0107 COMPLIANCE BOUNDARY
(a) For disposal systems individuall v pe1mitted prior to December 30, 1983, the compli-
ance boundary is established at a horizontal distance of 500 feet from the waste boundary or
at the property boundary, whichever is closer to the source.
(b) For disposal systems individuall y pe1mitted on or after December 30, 1983, a compli-
ance boundary shall be established 250 feet from the waste boundary, or 50 feet within the
prope11y boundary, whichever point is closer to the source.
(c) The bounda1y shall be established by the Directori..or his desi gnee at the time of pennit
issuance. Any sale or transfer of property which affects a compliance boundary shall be re-
pmied immediately to the Dire<.:tor,_ or his desi imee. For disposal systems which are not gov-
erned by Paragraphs (e) or ct) of this Rule, the compliance boundaiy affected by the sale or
transfer of prope11y will be re-established consistent with Paragraphs (a) or (b) of this Rule,
whichever is applicable.
(d) Exce pt as provided in Paragraph (gl of this Rule,Fer disposal systems permitted et=
rcpcrmitted afret.-January +,+99-3, no water supply wells shall be constructed or operated with-
in the compliance bounda1y: of a dis posal system individuall v pe1mitted or re p e1mitted after
January .L.J 993.
( e) Except as provided in Paragraph .{gl_ of this Rule, Fer disposal systems permitted 6f
repermitted after January +,-1-99-3-; a permittee shall not transfer land within an established
compliance bounda1y of a dis posal system permitted or re pe1mitted after Januarv _L_ 1993 un-
less:
(1) the land transfe1Ted is serviced by a community water system as defined in 15A
NCAC l 8C, the source of which is located outside the compliance boundary; and
(2) the deed transfeffing the prope11y:
(A) contains notice of the permit, including the pe1mit number, a description of the
type of pe1mit, and the name, address and telephone number of the permitting
agency; and
(B) contains a restrictive covenant running with the land and in favor of the pe1mit-
tee and the State, as a third pa11y beneficiary, which prohibits the construction
and operation of water supply wells within the compliance boundmy; and
(C) contains a restrictive covenant running with the land and in favor of the pe1mit-
tee and the State. as a third party beneficia1y, which grants the right to the per-
mittee and the State to enter on such prope11y within the compliance boundary
for groundwater monitoring and remediation purposes.
(t) Except as provided in Paragraph .(g}_of this Rule, if at the time a permit is issued or
reissued after January 1, 1993, the pe1mittee is not the owner of the land within the compli-
ance bounda1y, it shall be a condition of the permit issued or renewed that the landowner of
the land within the compliance boundary, if other than the permittee, ~-~-:.:-:-!-~-!-~-!-!-;-!.:-~_:))_:_~-~-;;_ execute
and file in the Register of Deeds in the county in which the land is located, an easement run-
ning with the land which:
(I) contains:
History Note: Statutory Autho1ity G.S. 143-215.l(b); 143-215.3(a)(l); 143B-282;
Eff. August l, 1989 .;
Amended Eff. October L._1993 ; November 2, 1992
15A NCAC 2L .0109 has been amended with changes as published in 7:24 NCR 2677 as fol-
lows:
.0109 DELEGATION
(a) The Director is delegated the authority to enter into consent special orders under G.S.
143-215 .2 for violations of the Wfttef i~:~~~§~§:§~~~~~~~;:~~;:'. IDiaHti standards except when a public meet-
ing is required as provided in 15A NCAC 2H .1203.
(b) The Director is delegated the authority to prepare a proposed special order to be is-
sued by the Commission without the consent of the person affected and to notify the affected
person of that proposed order and of the procedure set out in G.S. 150B-23 to contest the
proposed special order.
(c) The Director.1.. or his desi 1mee shall give public notice of proposed consent special or-
ders as specified in 15A NCAC 2H .1203.
History Note: Statutory Authority G .S. 143-215.2; 143-215.3(a)(l_); 143-215.3(a)(4);
Eff. August 1, 1989;
Amended Eff. October I. 1993; October 1, 1990 .
15A NCAC 2L .0110 has been amended as published in 7:24 NCR 2677 as follows:
.0110 MONITORING
(a) Aft;' pefson subject te-the provisions Gf.G:-8-. 143 215. l Except where exem pted Qy
statute or this Subcha pter. fil!Y. person who causes, permits or has control over any discharge
of waste, or groundwater cleanu p program . shall install and im plement a monitoring system, at
such locations, and in such detail, as the Director.Lor his desi gnee may require to evaluate the
effects of the discharge upon the waters of the state, including the effect of any actions taken
to restore groundwater quality, as well as the efficiency of any treatment facility. The moni-
toring plan shall be prepared under the res ponsible charge of a Professional En 11 ineer or Li-
censed Geologist and bear the seal of the same.
(b) Monitoring systems shall be operated constructed in a manner that will not result in
the contamination of adjacent groundwaters of a higher quality.
(c) Monitoring shall be conducted and results reported in a manner and at a frequency
specified by the Director!... or his desi 1mee.
History Note: Statutmy Authority G.S. 143-215.l(b); 143-215.3(a)(l);143-215.65;
143-215.66; 143B-282;
Eff. August 1, 1989.
Amended Eff. October 1._ 1993;
15A NCAC 2L .0111 has been amended with changes as published in 7:24 NCR 2677-2678
as follows:
.0111 REPORTS
W Any person subject -te-the provisions ef-G:-8-:-143 215. l aoo to the requirements for
corrective action specified in Rule .0106 of this Subchapter shall submit to the Director, in
such detail as the Director may require, a written report that desc1ibes: . .
o) . the , r~s~lts of the investigation specified in Paragraphs t'bj and oo t9.Jtf), ~ml
(9)(;)@) of Rule .0106, including but not limited to:
{A)W a description of the sampling procedw-es followed and methods of
chemical analyses used; and
@.}fbj all technical data utilized in support of any conclusions drawn or
determinations made.
(2) the results of the predictive calculations or modeling, including a copy of the
calculations or model rnns and all supp()tting technical data, used in the
demonstration required in Paragraph fill €1;,)(;)(A) of Rule .0 I 06; and
(3) the proposed methodology and timetable associated with the reJtoration ef ground
water quality corrective action for those situations identified in Paragraphs {t) and
!ill Wffi-@,4 f§)@l(f}) of Rule .0 I 06.
ill The report shall be prepared under the res ponsible charge of a Professional En gineer or
Licensed Geolo gist and bear the seal of the same as s1 ecified in Rule .0 I 06 fill ;~;~=-~;~==;~t; .
History Note: Statutory Authority G.S. 143-215.l(b); 143-215.3(a)(l); 143-215.65;
143B-282;
Eff. August I, 1989.
Amended Eff. October· I. 1993;
ISA NCAC 2L .0112 has been amended with changes as published in 7:24 NCR 2678 as
follows:
.0112 ANALYTICAL PROCEDURES
Tests or analytical procedures to determine compliance or noncompliance with the wttlef
~~~I~~~~~HI~~~~~~~~~ ~~ standards established in Rule .0202 of this Subchapter will be in accordance
with:
(1) The most sertsitivd of (h·e fol_lowip.g .!llethod~ o~_p_rocedure~for __ sub,stances where the
standard ts a'.t or ~b6ve .JM ~QJ~§J~4 ~tfo:39 -~ pfu~~u~ p_t:Qiis!¢.$. ~ method detection
limit value: at-er,-~ tflaft-tae-sttmdarck
(a) fhe fu~st il~en't ver~ion g{~t;~_d;~-d -~M,~thpfl~ for the Examination of Water and
Wastewater, Mth-f~~j~~~j~~t '$,4.nieft, i9.~;$, I~~~tr= published jointly by American Public
Health Association, American Water Works Association and Water Pollution
Control Federation;
(b) Methods for Chemical Analysis of Water and Waste, 1979, U.S. Environmental
Protection Agency publication number EPA-600/4-79-020, as revised March 1983 ;
(c) Test Methods for Evaluating Solid Wastes: Physical/Chemical Methods, 3rd Edi
tion, 1986, U.S. Environmental Protection Agency publication number SW-846;
(d) Test Procedures for the Analysis of Pollutants Under the Clean Water Act, Federal
Register Vol. 49, No. 209, 40 CFR Patt 136, October 26, 1984;
( e) Methods or procedures approved by letter from the Director upon application by
the regulated source;_ or
(2) A method or procedure approved by the Director for substances where the standard
is less than the Hmi-t-ef deteetability_method detection limit valu.e.
History Note: Statutory Authority G .S. 143-215.3(a)(l); 143B-282;
Eff. August 1, 1989
Amended Eff. October I. l 993;
15A NCAC 2L .0113 has been amended with changes as published in 7:24 NCR 2678-2680
as follows:
.0113 VARIANCE
(a) The Commission, on its own initiative or pursuant to a request under G.S.
143-215 .3( e), may grant variances to water quality staHdards aflfrtfte--eomplianec bounda1y
the rules of this Subchapter. Persons subject ttr-the-provisioHs ef-G:-&:-130A 294 may-apply
for-fl variaHce cmdef-thts SeetioH.
(b) Requests for variances are filed by letter frolTI the applicant to the Environmental
Management Commission. The application shall should be mailed to the chairman of the
Commission in care of the Director, Division of Environmental Management, Post Office Box
27687, 29535 Raleigh, N.C. ±-76++ 27626-0535.
(c) The application shall slioul_d_ contain the following infmmation:
(l) Applications filed by counties or municipalities must include a resolution of the
County Board of Commissioners or the governing board of the municipality
requesting the variance~ tffiffi-Wfrtef ~;:~~~~~~;~~~~~~ quality sta_11garti,~ ·.yhj9h ~
ttrthe-~ffw-:,v~ieh the :;tmfl;Hec tT requ9stcd.
(2) A description of the past, existing or proposed activities or operations that have or
would resuhin a discharge of contaminants to the groundwaters.
(3) Description of the proposed area for which a variance is requested. A detailed
location map, showing the orientation of the facility, potential for ,groundwater
contaminant migration, as well as the area covered by the variance request, with
reference to at least two geographic references (numbered roads, named
streams/rivers, etc.) must be included.
(4) Suppo1ting info1mation to establish that the variance will not endanger the public
health and safety, including health and environmental effects from exposure to~
groundwater contaminants. (Location of wells and other water supply sources
including details of well constmction within 1/2 mile of site must be shmvn on a
map).
(5) Suppo1ting infotmation to establish that re quirements of this Rule stangard~ cannot
be achieved by providing the best available technology economically reasonable.
This info1mation must identify specific technology considered, and the costs of
im plementin g the technology and the impact of the costs 011 the applicant ehaages
ift-quality of-the contamina~t plume ft5-dernonstrated through predietiY~ ~~lqttlajo,ns
approved by-'the Director, tffld. tcehflologieal COflStraints ',Nhieh limit It~::}; :~:~~~;:~~::;;~;
restoratioff te,-Hl:e-~~~ staadru=d:
( 6) Suppmting information to establish that compliance would produce se1ious
financial hardship on the applicant. ·
(7) Suppmiing infmmation that compliance would produce serious financial hardship
without equal or greater public benefit.
(8) A copy of any Special Order that was issued in connection with ~ contaminants
in the proposed area and suppmting information that applicant has complied with
the Special Order.
(9) A list of the names and addresses of any prope1ty owners within the proposed area
of the variance as well as any prope1ty owners adjacent to the site covered by the
vanance.
(d) Upon receipt of the application; the Director will review it for completeness and re-
quest additional infonnation if necessary. When the application is complete, the Director shall
give public notice of the application and schedule the matter for a public hearing in accor-
dance with G.S . l43-215.4(b) and the procedures set out bele-w in Paragraph hlof this Rule.
(e) Notice of Public Hearing.
( 1) Notice of public hearing on any variance application shall be circulated in the
geographical areas of the proposed variance by the Director at least 30 days prior
to the date of the hearing:
(A) by publishing the notice one time in a newspaper having general circulation in
said county;
(B) by mailing to the Nmth Carolina Depa1tment of Human_Environment. Health,
and Natural Resources, Division of Health Services, Environmental Health and
appropriate local health agency ;
(C) by mailing to any other federal, state or local agency upon request;
(D) by mailing to the local governmental unit or units having jurisdiction over the
geographic area covered by the variance;
(E) by mailing to any property owner within the proposed area of the variance, as
well as any property owners adjacent to the site covered by the variance; and
(F) by mailing to any person or group upon request.
(2) The contents of public notice of any hearing shall include at least the following:
(A) name, address, and phone number of agency holding the public hearing;
(B) name and address of each applicant whose application will be considered at the
meeting;
(C) brief summary of the pr.qp.9 _s9,q ~tf!;f}Q~ variance re quest; er modification of
the perimeter ef complianee beiflg requested;
(D) geographic description of a proposed area for which a variance is requested;
(E) brief description of~ activities or operations which have or will result in the
discharge of contaminants to the groundwaters described in the variance
application;
(F) a brief reference to the public notice issued for each variance application;
(G) information regarding the time and location for the hearing ;
(H) the purpose of the hearing ;
(I) address and phone number of premises at which interested persons may obtain
fwther info1mation, request a copy of each application, and inspect and copy
fo1ms and related documents; and
(J) a brief description of the nature of the hearing including the rules and
procedures to be followed. The notice shall also state that additional informa-
tion is on file with the Director and may be inspected at any time during
noimal working hours. Copies of the information on file will be made
available upon request and payment of cost or reproduction.
(t) All comments received within 30 days following the date of the public hearing shall
be made paii of the application file and shall be considered by the Commission prior to taking
final action on the application.
(g) In determining whether to grant a variance, the Commission shall consider whether the
applicant has complied with any Special Order, or Special Order by Consent issued under
G.S. 143-215.2.
(h) If the Commission's final decision is unacceptable, the applicant may file a petition for
a contested case in accordance with Chapter 150B of the General Statutes. If the petition is
not filed within 60 days, the decision on the variance shall be final and binding.
(i) A variance shall not operate fi:s ~ a defense to an action at law based upon a public or
private nuisance theory or any other cause of action.
Histmy Note: Statuto1y Authority G.S. 143-215.J(a)(l ); 143-215.3(a)(3);
143-2 l 5.3(a)(4); 143-215 .3(e); 143-215.4;
Eff. August 1, 1989:
Amended Eff. October L._ 1993;
15A NCAC 2L .0114 has been adopted with changes as published in 7:24 NCR 2680 as fol-
lows:
.0114 NOTIFICATION REQUIREMENTS
~ Any person subject to the re quirements of Rule .0106 (c ) 1~} of this Subchapter shall
submit to the looai Health Director~;::{~~:?:-~;~;~\;~;~;:: ,_and the chief administrative officer of the po-
litical jurisdictions in which the groundwater contamination has occmTed. a report that de-
scribes:
ill The area extent of the contaminant plume;
ill The chemical constituents in the groundwater which exceed· the standards described
in Rule .0202 of this Subchapter;
ill Actions taken and intended to miti l!ate threats to human health;
i±l The location of fil!Y.. wells installed for the purpose of monitoring the contaminant
plume and the fre quency of sampling.
The rep011 described in this Rule shall be submitted no later than five ~orkin d davs
after submittal of the com pleted report assessing the cause. significance and extent of the
violation as re quired !ri:::._ Rule .0 I 06 ( c).
--_j~_)--~~X_P~~~?~-~h_?_S~~~JJ~ a r_eguest un~e! ~~'-~-:_~1 -~~ _(_~). J~\_-~~-_(m}
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~;; ~ ;_~.} ~-~·~}.~ ~ ~-~~~=~=~-~-~-~-~-~.~-~.~-i-~ ~~~~ ~~~~~=~~~~=~ ~-~ ~-~-~ ~ ;.~ ~ ~ ~-~ ~ ~ ~ ~ ~-~: ~ ;~ ~: i ~ ~-~ ~ ~. ~-~ i ~-
shall notify the local Health Director :~::=~:~=~=:~=:~}~=~= and the chief administrative officer of the polit-
ical jurisdictions in which the contam(~~~t -pi~-me occurs. and all property owners and ,~::~}
occupants within or contiguous to the area underlain !ri:::._the contaminant :=:~::~{=~=~::-:·:~~:~~)
plume, and under the areas where I=t=t:f~j=~~ it is ex pected to mi l!rate . of the nature of the re-
quest and reasons suppo11ing it. Notification shall be made bv ce11ified mail concurrent with
the submittal of the request to the Director. A final decision !ri:::._ the Director shall be post;
poned for a period of {~==~~:j:~~~~:j :t~H{~~j~~=~~~j~~~!IIt r~rn~=~j lQ_ days mg followin g receipt of the request SQ
tltat the Director inay consider cotn111ents submitted QY_ individuals interested in the request
( c )Any person ::~~{~~~-{~~=I:=~ whose request under Rule .0 I 06 (k ), f11_ or {m) is granted by the
Di rector ?-,=--===~:: i-:::=:-?: ?:-:=::~=i~~=~:===::=:::=:::=: ::::::==::=,=:=:: ?::: ::=-== :=:: :=, :::_:::::=:=::·?::::: :::: ?'?::=:::=:::=:•:==: ?: :=c=:=: := =::~:=:=c=:=::i
-----------· -----·-·-··------------.. ----------------------.--.-----_-----------------. -----·-·----------·. --_. --- - ------.
shall notify pat1ies specified in Paragraph (b) of this Rule of the Director's decision. Notifica-
tion shall be made by ce11ified mail within 30 days of receipt of the Director's decision.
History Note: Statutmy Authority G.S. 143-214.1: 143-215.3 (a)( l }: 143B-282 (2)b;
Eff. October .L 1993;
.0200 -CLASSIFICATIONS AND OROUNDW ATER \,Vl+Tf3R QUALITY STANDARDS
15A NCAC 2L .0201 has been amended with changes as published in 7:24 NCR 2680-2681
as follows:
.0201 GROUNDWATER CLASSIFICATIONS
The classifications which may be assigned to the groundwaters will be those specified in
the following series of classifications:
(I) Class GA v,·aters !!round waters; usage and occmTence:
(a) Best Usage. Existing or potential source of drinking water supply for humans.
(b) Conditions Related to Best Usage. This class is intended for those groundwaters
in which chloride concentrations are equal to or less than 250 mg/1, and which are
considered suitable for drinking in their natural state, but which may require
treatment to improve quality related to natural conditions.
(c) OccuITence. In the saturated zone.
(2) Class GSA 1.vaters groundwaters; usage and occurrence:
(a) Best Usage. Existing or potential source of water supply for potable mineral water
and conversion to fresh waters.
(b) Conditions Related to Best Usage. This class is intended for those groundwaters in
which the chloride concentrations due to natural conditions is in excess of 250
mg/I, but which otherwise may be considered suitable for use as potable water after
treatment to reduce concentrations of naturally occuJTing substances.
( c) Occurrence. In the saturated zone.
(3) Class GC waters groundwaters: usage and occun-ence:
(a) Best Usage. The best usage of GC groundwaters is £!:§_~ Source source of water
supply for purposes other than drinking. including other domestic uses bv humans.
(b) Conditions Related to Best Usage. This class includes those groundwaters that do
not meet the quality c1iteria ef.watcrs haviAg a higher da~sifieatioA for GA or
GSA !.!roundwaters of waters haying a higher classifieatioA and for which eff011s to
restore iR situ kT-tt--higher elassifieatioR im prove groundwater quality would not be
technologically feasible, or not in the best interest of the public. Continued
consum ption of waters of this class bv humans could result in adverse health
affects.
(c) Occurrence. Groundwaters of this class may be defined :lft--the saturated ffifle;
-as dctermiRed by the Commission pursuant to Section .0300 on a case by case
basis.
History Note: Statutory Authority G.S. 143-214.1; 143B-282(2);
Eff. June 10, 1979;
Amended Eff. October _L_ 1993; August 1, 1989; September I , 1984;
December 30, 1983 .
15A NCAC 2L .0202 has been amended with changes as published in 7:24 NCR 2681-2683
as follows:
.0202 WATER GROUNDWA. TER QUALITY STANDARDS
(a) The -wfttef groundwater quality standards for the protection of the groundwaters of the
state are those specified in this Rule. They are the maximum allowable concentrations result-
ing from any discharge of contaminants to the. land or waters of the state, which may be toler-
ated without creating a threat to human health or which would otherwise render the groundwa-
ter unsuitable for its intended best usage. \Vhere groufldv1ater quality standards have--beefl
exceeded dtte-ttrflffit'M'l activities, restorntiofl efforts SftftH-be designed te-restore groundv1ater
quality t~the-!evel-ef-the stafldard 0ras-closely thereto as--ffl-practicable.
(b) The maximum allmvable e.ofleentrations !.!round water q uality standards for contami-
nants specified in Paragraphs (g) and (h) of this Rule shall be as listed, except that:
( 1) Where the maximum allo•.vablc eoncefltration of standard foi· a substance is less
than the ttmtt-of detectability practical q uantitation limit, the substance SfiftH-fl6t-bc
permitted ttt--detectable concentrations. detection of that substance at or above the
practical g uantitation limit shall constitute a violation of the standard.
(2) Where two or more substances exist in combination, the Director shall consider
the effects of chemical interactions as dete1mined bv the Division of E p idemiolog ·
and may establish maximum concentrations at values less than those established in
accordance with Paragraphs (c) and (g) of this Rule. In the absence of info1mation
to the contrary, the carcinogenic risks associated with carcinogens present shall be
considered additive and the toxic effects associated with non-carcinogens present
shall also be considered additive.
(3) Where naturally occurring substances exceed the established standard, the standard
will be the naturally occurring concentration as dete1mined by the Director.
( c) Except for tracers used in concentrations which have been determined QY_ the Division
of Epidemiology to be protective of human health. and the use of which has been permitted
!2Y.. the Division. Substances substances which are not naturally occu1Ting and for which no
standard is specified shall not be permitted in detectable concentrations in Class GA or Class
GSA groundwaters. Any person may petition the Director to establish an interim maximum
allowable concentration for an unspecified substance, however, the burden of demonstrating
those concentrations of the substance which correspond to the levels described in Paragraph
(d) of this Rule rests with the petitioner. The petitioner shall submit aH relevant toxicological
and epidemiological data, study results, and calculations necessary to establish a standard in
accordance with the procedure prescribed in Paragraph (d) of this Rule. Within three months
after the establishment of an interim maximum allowable concentration for a substance by the
Director, the Director shall initiate action to consider adoption of a standard for that substance.
(d) Maximum allov.able eofleentra:tions Groundwater quality standards for substances in
Class GA and Class GSA 1vvaters groundwaters are established as the lesser of:
(1) Systemic threshold concentration calculated as follows: [Reference Dose
(mg/kg/day) x 70 kg (adult body weight) x Relative Source Contribution (.10 for
inorganics; .20 for organics)] / [2 liters/day (avg. waterconsumption)];
(2) Concentration which cmTesponds to an incremental lifetime cancer risk of lxl0-6;
(3) Taste threshold limit value;
(4) Odor threshold limit value;
(5) Maximum contaminant level; or
(6) National secondary drinking water standard.
(e) The following references, in order of preference, shall be used in establishing concen-
trations of substances which c01Tespond to levels described in Paragraph (d) of this Rule.
(I) Integrated Risk Information System (U.S. EPA).
(2) Health Advisories (U.S. EPA Office of Drinking Water).
(3) Other health risk assessment data published by U.S. EPA.
(4) Otherappropriate, published health risk assessment data:
~d, ftfiintifif~!y v~na PJ~ir~i:iii:wed published to~icol,qgical <J~ti.~
(t) WatefGroundwater quality standards specified in Paragraphs (g) and (h) of this Rule
and interim maximum allowable concentrations established pursuant to Paragraph ( c) of this
Rule shall be reviewed on a biennial basis. Appropriate modifications to established standards
will be made in accordance with the procedure prescribed in Paragraph (d) of this Rule where
modifications are considered appropriate based on data published subsequent to the previous
review.
(g) Class GA Standards. Where not otherwise indicated, the standard refers to the total
concentration in milligrams per liter of any constituent in a dissolved. colloidal or particulate
fo1m which is mobile in e:roundwater. This does not ill2.Q.!y_ to sediment or other particulate
matter which is preserved in a groundwater sample as a result of well construction or sam-
Pli!!g_ procedures.
ill acetone: 0. 7
WfB acrylamide (propenamide): 0.00001
~ arsenic: 0.05
tl}f3j barium: +:B 2.0
fl2f41 benzene: 0.001
@f-5-t bromofmm (tribromomethane): 0.00019
illt61 cadmium: 0.005
.(filf7-} carbofuran: 0.036
i.2..lf-81 carbon tetrachloride: 0.0003
.Ll.Q2f9-} chlordane: 2.7 x 10-5
U.Uf-1-97 chloride: 250.0
LLl.lt+B chlorobenzene: G-3-0.05
.Lll}~ chlorofo1m (trichloromethane): 0.00019
~ 2-chlorophenol: 0.0001
~ chromium: 0.05
~ cis-1,2-dichloroethene: 0 .07
.LlllfM-7 coliform organisms (total): 1 per 100 milliliters
Ll..filf-l-+) color: 15 color units
.l1.22f-l-81 copper: 1.0
@2f-l-91 cyanide: 0.154
@~ 2, 4-D (2,4-dichlorophenoxy acetic acid): 0.07
~ l,2-dibromo-3-chloropropane: 2.5 x 10-5
)
(23)fE, dichlorodifluoromethane (Freon-12; Halon): 0.00019 ld
@.Ll_dichloroethane: 0.7
~ 1,2-dichloroethane (ethylene dichlo1ide): 0.00038
@~ 1,1-dichloroethylene (vinylidene chloride): 0.007
~ 1,2-dichloropropane: 0.00056
.Ll.fil_di-n-but v l (or dibutyl) phthalate (DBP): 0.7
fl2.ldieth v l phthalate (DEP): 5.0
QQldi(2-ethylhexyl} phthalate (DEHP ): 0.003
~ p-dioxane (1,4-diethylene dioxide): 0.007
~ dioxin: 2.2 X 10-10
~ dissolved solids (total): 500
~ endrin: 0.0002 0.002
~ epichlorohydrin (1-chloro-2,3-epoxypropane): 0.00354
Q.§_)B-1-J ethylbenzene: 0.029
~ ethylene dibromide (EDB; 1,2-dibromoethane): ~~+G-§. 4.0 ~ 10-1
(38)8--:3-) ethylene glycol: 7.0
~ fluoride flouride: 2.0
~ foaming agents: 0.5
~ gross alpha (adjusted)particle activity (iAeludiflg radium 226 httt excluding
radofl radium-226 and uranium): 15 pCi/1
fillf.ttj heptachlor: -7-:6-~+G-§. 8.0 ~ 1 o-6
~ heptachlor epoxide: 3-:-8-~-l{}-§-4.0 ~ 10'6
B±Lheptane: 2.1
( 45 )8-9-1 hexachlorobenzene (perchlorobenzene): 0. 00002
~ n-hexane: +4::3-0.42
i11.2f4½ iron: 0.3
~ lead: G:-0-5 0.015
~ lindane: 2-:-6§-~-l{}-§-2.0 ~ 10-4
~ manganese: 0.05
~ mercmy: 0.0011
~ metadichlorobenzene (1,3-dichlorobenzene): 0.62
~ methoxychlor: 0:-+ 0.035
(54)f48-) methylene chloride (dichloromethane): 0.005
ill.}f:497 methyl ethyl ketone (MEK; 2-butanone ): 0 .17
~ methyl te1t-butyl ether (MTBE): 0.2
~ nickel: ~ !L_l
~ nitrate: (as N) 10.0
Q21~ nitrite: (as N) 1.0
~ orthodichlorobenzene ( 1,2-dichlorobenzene): 0.62
~ oxamyl: 0.175
~ paradichlorobenzene (1,4-dichlorobenzene): 0.0018 0.075
~ pentachlorophenol: G:ti 0 .0003
~ pH: 6.5 -8.5
~ radium-226 and radium-228 (combined): 5 pCi/1
~ selenium: ~ 0.05
~ silver: G:-0-5 0 .018
~ styrene (ethenylbenzene ): +:4-~-l-O" !L_l
~ sulfate: 250.0
(ZQ}f64) tetrachloroethylene (perchloroethylene; PCE): 0.0007
~ toluene (methylbenzene): 1.0
~ toxaphene: 3 .1 x 10-5
.{]l}fe-1i 2, 4, 5,-TP (Silvex): GM 0.05
~ trans~l,2-dichloroethene: 0.07
~ 1, 1, 1-trichloroethane (methyl chloroform): 0.2
~ trichloroethylene (TCE): 0.0028
[l]J_ trichlorofluoromethane: 2.1
{1filf7-l--} vinyl chloride (chloroethylene): 1.5 x 10-5
~ xylenes (o-, m-, and p-): G-:4 0.53
~ zinc: ~ .U.
(h) Class GSA Standards. The standards for this class shall be the same as those for
Class GA except as follows:
(l) chloride: allowable increase not to exceed 100 percent of the natural quality
concentration.
(2) total dissolved solids: 1000 mg/I.
(i) Class GC Waters.
( 1) The concentrations of substances which, at the time of classification exceed Wfttef
quality stfffldaf<is, the standards applicable to Class GA or GSA groundwaters shall
not be peffflitted caused to increase.1...nor shall the concentrations of other substances
be caused to exceed the GA or GSA standards as. a result of fmther dis posal of
contaminants to or beneath the surface of the land within the boundary of the area
classified GC. Fer-aH-ether substances, eoneentrntiotts Sftfttl--oot-be-eaused ef
pefffl:itted te-exceed the established standaFd.
(2) The concentrations of substances which, at the time of classification, exceed wttteF
quality standat·ds shaH-oot-eftU5e-ercoHtribute te--the-eontravetttion ef the standards
applicable to GA or GSA u:roundwaters shall not be caused to mi ~rate as a result
. of activities within the boundarv of the GC classification. so as to violate the
groundwater or smface water quality standards in adjoining waters of a different
class.
(3) Concentrations of specific substances, which exceed the established standard at the
time of classification, shall be listed in Section .0300 of this Subchapter.
History Note: Statutory Authority G.S. 143-214.1; 143B-282(2);
Eff. June 10, 1979;
Amended Eff. October 1_1993; September 1, 1992; August 1, 1989;
September 1, 1984; December 30, 1983.
COMMISSION REVIEW/ADMINISTRATIVE RULES
Log of Filings (Log #84)
July 20, 1993 through August 20, 1993
NC BOARD OF
AGRICULTURE
Traffic Re g ulations 2 NCAC 20B .0102
Amend/Establishes traffic regulations for State Fairgrounds.
Advertising Matter 2 NCAC 20B .0103
Amend/Regulates advertising on State Fairgrounds.
Admission Re g ulations 2 NCAC 20B .0104
Amend/Establishes admission policies and prices for State
Fair.
General 2 NCAC 20B .0106
Amend/Establishes rules of conduct for persons on State
Fairgrounds.
Occup ancy of Sp ace 2 NCAC 20B .0203
Amend/Establishes rules for occupying rental apaces at State
Fairgrounds.
Forfeiture 2 NCAC 20B .0204
Amend/Establishes rules for occupying rental spaces at State
Fairgrounds.
Ex p iration of Contracts 2 NCAC 20B .0206
Amend/Establishes rules for occupying rental spaces at State
Fairgrounds.
Time Limits on Removal 2 NCAC 20B .0208
Amend/Establishes rules for removal of exhibits from State
Fair.
Signs 2 NCAC 20B .0211
Amend/Establishes rules for signs on State Fairgrounds.
Louds p eakers 2 NCAC 20B .0214
Amend/Establishes rules for signs on State Fairgrounds.
1
Price Sig ns 2 NCAC 20B .0216
Amend/Establishes rules for price signs at State Fair.
Cleanliness 2 NCAC 20B .0218
Amend/Establishes rules for sanitation by lessees at State
Fair.
Storag e Trailers 2 NCAC 20B . 0220
Amend/Establishes rules for storage trailers on State
Fairgrounds.
Gas or Electric Service 2 NCAC 20B .0225
Amend/Establishes rules for gas and electric service at
State Fairgrounds.
Exhibits and Exhibitors 2 NCAC 20B .0301
Amend/Establishes rules for State Fair exhibitors.
Reservations and Pay ment 2 NCAC 20B .0411
Amend/Establishes rules for building rental at State
Fairgrounds.
Alcoholic Beverag es 2 NCAC 20B .0413
Amend/Establishes rules for alcoholic beverages at State
Fairgrounds.
Rental Rates 2 NCAC 20B .0426
Amend/Establishes procedures for adoption of State Fair
rental rates and other fees.
Prog ram Particip ation 2 NCAC 48A .0611
Amend/Establishes requirements for participation in boll
weevil eradication program.
Prohibited Sales 2 NCAC 48C .0005
Amend/Lists weeds which are prohibited in seed.
Insp ection and Stop Sale Action 2 NCAC 48C .0017
Amend/Establishes procedures for inspection and stop-sale of
seed.
2
Tag s and Labels 2 NCAC 48C .0020
Amend/Establishes requirements for labeling of seed
containers.
Res p onsibility 2 NCAC 48C . 0021
Amend/Establishes requirements for seed germination tests.
Analy sis for Farmers 2 NCAC 48C • 0'023
Amend/Establishes rules and fees for seed analysis service.
Identification and Size 2 NCAC 48C .0024
Amend/Establishes procedures for submitting seed samples for
analysis.
Health Re g ulations 2 NCAC 52B .0502
Amend/Establishes health rules for poultry exhibitions.
Psy chiatric Admission Criteria
Adopt/Establishes Psychiatric Admission
Medicaid beneficiaries under age 21.
Date Re q uirements
DHR/DIVISION OF
MEDICAL ASSISTANCE
10 NCAC 26B
Criteria for
DEPARTMENT OF
INSURANCE .
Amend/Shows data requirements for individual
health policies for rate revision process.
11 NCAC 16
accident and
.0112
.0205
Restrictions 11 NCAC 16 .0302
Amend/Recites certain premium relationships within and
between classes of business and sets limits on renewal rate
increases.
DEHNR
Interest and Term 15A NCAC lK . 0402
Amend/Specifies the interest rate and term of loans made
from the Loan Fund.
Permit Re q uirements
Amend/Describes procedures and
emit toxic air pollutants.
3
DEHNR/ENVIRONMENTAL
MANAGEMENT
COMMISSION
15A NCAC 2H
requirements for permits to
.0610
Definitions 15A NCAC 2L .0102
Amend/Defines terms used in this subchapter.
Policy 15A NCAC 2L .0103
Amend/Specifies the intent to protect, maintain and preserve
the groundwaters of the state to their best use.
Restricted Desig nation 15A NCAC 2L .0104
Amend/Specifies the conditions under which a temporary
Restricted Designation (RS) will be applied toward
contaminated groundwaters.
Corrective Action 15A NCAC 2L .0106
Amend/Specifies minimum information requirements and
groundwater cleanup criteria that must be included in any
corrective action plan.
Com p liance Boundary 15A NCAC 2L .0107
Amend/Delineates an area at which groundwater quality
standards are protected and penalties are applicable for
locations permitted by the state.
Dele g ation 15A NCAC 2L .0109
Amend/Specifies the responsible state officials authorized
to enter into special orders under applicable rules and
statutes.
Monitoring 15A NCAC 2L .0110
Amend/Specifies monitoring standards for the restoration of
groundwater quality and for treatment facilities.
Re p orts 15A NCAC 2L .0111
Amend/Specifies the requirements for reports submitted to
the director from individuals subject to the corrective
action requirements of .0106.
Analy tical Procedures 15A NCAC 2L .0112
Amend/Specifies the tests and analytical procedures to
determine if groundwaters are in compliance or non-
compliance.
Variance 15A NCAC 2L .0113
Amend/Specifies the procedures to obtain variances to the
-rules of this subchapter.
4
Notification Re q uirements 15A NCAC 2L .0114
Adopt/Specifies notification requirements that persons
subject to .0106 must meet.
Groundwater Classifications 15A NCAC 2L .0201
Amend/Specifies the classification, best usage, and
occurrence of GA, GSA, and GC groundwaters in the state.
Groundwater Quality Standards 15A NCAC 2L .0202
Amend/Specifies the maximum allowable concentration of
substances in Class GA,GSA and GC groundwaters and
procedures to establish standards for substances.
DEHNR/MARINE
FISHERIES COMMISSION
Definitions 15A NCAC 3I .0001
Amend/Defines terms used in this subchapter.
Fishing Gear 15A NCAC 3J • 0401
Amend/Establishes proclamation authority on fishing gear
during certain months in specified areas.
Purse Seines Prohibited 15A NCAC 3R .0011
Amend/Describes areas where the use of purse seines is
prohibited.
DEHNR/SOIL AND WATER
CONSERVATION
Prereq uisite for Disbursement 15A NCAC 6C .0417
Amend/Establishes prerequisite for disbursement of grant
funds under the Small Watershed Program.
Mana g ement Ob j ective
Amend/States the management objective
system.
DEHNR/COASTAL
MANAGEMENT
15A NCAC
of the estuarine
7H .0203
Coastal Wetlands 15A NCAC 7H . 0205
Amend/Describes and defines coastai wetlands and their land
uses.
Estuarine Waters 15A NCAC 7H .0206
Amend/Describes and defines estuarine waters and their use
standards.
5
Public Trust Areas 15A NCAC 7H .0207
Amend/Describes and defines public trust areas and their use
standards.
Permit Fee 15A NCAC 7H .1703
Amend/Establishes permit fees for emergency permits.
Purp ose 15A NCAC 7H .2001
Adopt/Describes the purpose of the general permit
authorizing minor modifications and repair to existing
pier/mooring facilities in estuarine and public trust
waters.
Approval Procedures 15A NCAC 7H .2002
Adopt/Sets procedures for an applicant to follow to obtain
approval for requested development.
Permit Fee 15A NCAC 7H .2003
Adopt/Establishes the permit fee for a general permit.
General Conditions 15A NCAC 7H .2004
Adopt/Lists the general conditions for structures authorized
by this permit for minor modifications.
S p ecific Conditions 15A NCAC 7H .2005
Adopt/Describes the specific conditions for proposed
permitted work in estuarine and public trust waters.
General
Amend/Establishes the State agency which
hazardous waste management program.
DEHNR/COMMISSION FOR
HEALTH SERVICES
15A NCAC 13A .0001
will administer the
Standards 15A NCAC 13A .0009
Amend/Establishes standards for owners and/or operators of
hazardous waste facilities.
Standards 15A NCAC 13A .0018
Adopt/Establishes standards for the management of used oil.
Food Protection 15A NCAC 18A .1022
Amend/Specifies proper food storage and handling practices
and some equipment needs.
6
Food Protection 15A NCAC 18A .1323
Amend/Specifies proper food storage and handling practices
and some equipment needs.
Food Protection 15A NCAC 18A .1522
Amend/Specifies proper food storage and handling practices
and some equipment needs.
Food Protection 15A NCAC 18A .1620
Amend/Specifies proper food storage and handling practices
and some equipment needs.
Food Protection 15A NCAC 18A .2218
Amend/Specifies proper food storage and handling practices
and some equipment needs.
Maintenance and Op eration 15A NCAC 18A .2537
Amend/States minimum standards for safe maintenance and
operation of public swimming pools.
Refrig eration 15A NCAC 18A .2609
Amend/Specifies proper food storage and handling practices
and some equipment needs.
Food Pre p aration 15A NCAC 18A . 2807
Amend/Specifies proper food storage and handling practices
and some equipment needs.
Food Sources 15A NCAC 18A .3006
Amend/Specifies proper food storage and handling practices
and some equipment needs.
Control Measures HIV 15A NCAC 19A . 0202
Amend/Describes the control measures which are to be
followed by individuals infected with HIV/AIDS in order to
prevent the spread of this infection/disease.
App lication for Initial Permit 15A NCAC 19B .0301
Amend/Tells how to apply for initial permit.
Conditions for Renewal 15A NCAC 19B .0304
Amend/Lists conditions for renewal.
7
Qualifications 15A NCAC 19B .0309
Amend/Lists qualifications of maintenance personnel.
Screening Tests 15A NCAC 19B .0501
Amend/Explains screening tests for alcohol concentration.
Eligibility 15A NCAC 21D .0401
Amend/States requirements for eligibility.
Allowable Foods 15A NCAC 21D .0501
Amend/Sets forth eligible and ineligible food items.
Authorized WIC Vendors 15A NCAC 21D .0706
Amend/Describes the terms and conditions to be followed by
authorized WIC vendors and local agencies.
General 15A NCAC 21D .1201
Adopt/Describes the administrator of the Maternal and Child
Health Block Grant Nutrition Program.
Proper Eligibility 15A NCAC 21D .1202
Adopt/Requires all eligible providers to comply with all of
the rules of the section.
Allocation of Funds 15A NCAC 21D .1203
Adopt/States when funds are allocated.
Client Eligibility 15A NCAC 21D .1204
Adopt/Describes the criteria for eligibility.
Scope of Service 15A NCAC 21D .1205
Adopt/Lists the services covered by the grant.
Service Provider Qualifications 15A NCAC 21D .1206
Adopt/Describes the qualifications of the individual who can
provide the services rendered under the grant.
Payment 15A NCAC 21D .1207
Adopt/Describes how payments will be made under the grant.
8
Definitions 15A NCAC 21F .0102
Amend/Defines terms used in this subchapter.
Fees 15A NCAC 21G .0107
Amend/Describes the basis for the fee schedule utilized in
billing for DEC services.
Client and Third Party Fees 15A NCAC 21G .0508
Amend/States billing and reimbursement policies regarding
clients and third parties.
Certificate Sus p ension
Amend/Provides grounds for and process
may be suspended or revoked.
STATE BOARD OF
EDUCATION
16 NCAC 6C
by which certificate
.0312
Vacation Leave 16 NCAC 6C .0401
Amend/Specifies how public school employees earn and use
vacation leave.
Sick Leave 16 NCAC 6C .0402
Amend/Specifies how public school employees earn and use
sick leave.
DEPARTMENT OF
REVENUE
Form of Pay ment 17 NCAC lC .0501
Adopt/Sets forth the scope of the section.
Method of Pay ment 17 NCAC lC . 0502
Adopt/Sets forth the specific forms for remitting tax
payments.
EFT Definitions 17 NCAC lC .0503
Adopt/Defines terms used in this subchapter.
EFT General Re q uirements 17 NCAC lC .0504
Adopt/Sets forth the general requirements of the Electronic
Funds Transfer Program.
EFT Identification 17 NCAC lC .0505
Adopt/Sets forth the electronic funds transfer
identification and notification procedures of taxpayers.
9
Voluntary EFT Prog ram 17 NCAC lC .0506
Adopt/Sets forth the non-voluntary provision of the EFT
Program.
Re g istration 17 NCAC lC .0507
Adopt/Sets forth the EFT registration procedures.
Methods of Electronic Funds 17 NCAC lC .0508
Adopt/Explains the methods of electronic funds transfer
available to taxpayers.
EFT Pay ment Procedures 17 NCAC lC .0509
Adopt/Explains the general provisions for making tax
payments by electronic funds transfer.
EFT Payment Procedures . 17 NCAC lC .0510
Adopt/Explains the procedures for making tax payments
electronically by the ACH Debit Method.
EFT Pay ment Procedures 17 NCAC lC .0511
Adopt/Explains the procedures for making tax payments
electronically by the ACH Credit Method.
EFT Pay ment Procedures 17 NCAC lC .0512
Adopt/Explains the procedures for making tax payments
electronically by wire transfer.
EFT Paym ent Transmission Errors 17 NCAC lC .0513
Adopt/Sets forth the procedures to be followed by the
taxpayer should an electronic funds transfer payment
transmission error occur.
Refunds 17 NCAC 4B .0104
Amend/Privilege licenses shall be returned with refund
request.
Ceded Areas 17 NCAC 4B .0106
Amend/Privilege license not required for ceded areas.
Mail-Order Business 17 NCAC 4B .0109
Amend/Mail-order sales of certain items requires privilege
license.
10
Food and Entertainment
Amend/A business charging
subject to gross receipts
entertainment.
17 NCAC 4B .0304
for food and entertainment is
tax on the charge for
Drag Strip s 17 NCAC 4B .0308
Amend/Admission charged to spectators at a drag strip is
subject to gross receipts tax.
Go-Cart Races 17 NCAC 4B .0309
Amend/Admission charged to spectators at a go-cart race is
subject to gross receipts tax.
Fishing Piers 17 NCAC 4B .0310
Amend/Admission charged to spectators at a fishing pier is
subject to gross receipts tax.
Horse and Do g Shows 17 NCAC 4B .0311
Amend/Admission charged to spectators at a horse or dog show
is subject to gross receipts tax.
Other Applicable Licenses Due 17 NCAC 4B .1305
Amend/A peddler or an itinerant merchant may be subject to
privilege licenses in addition to the requirements of G.S.
105-53.
Peddling b y Foot
Amend/Peddler returning to vehicle between calls
to $25 peddler's license.
17 NCAC 4B .1306
is subject
Date Due 17 NCAC 4B .1402
Amend/Contractor project license is due upon the awarding of
the job.
Diap er Services 17 NCAC 4B .3006
Amend/Laundry privilege license is applicable to a diaper
supply service.
Real Estate Loans 17 NCAC 4B .3301
Amend/A person engaged in the business of negotiating loans
on real estate and lending his own funds may be subject to
both licenses.
11
Parking Facilities 17 NCAC 4B .3402
Amend/Parking facilities providing services to motor
vehicles for compensation are subject to a privilege
license.
No Transfer Fee 17 NCAC 4B .3406
Amend/An auto dealer is not subject to a transfer fee for
moving within a municipality for which he is licensed.
Finance Com p anies 17 NCAC 4B .3407
Amend/Finance companies are not subject to a privilege
license for selling cars repossessed by them.
Structures 17 NCAC 4B .3704
Amend/Structures supporting electrical fixtures installed by
an electrician or electrical contractor is covered under
G.S. 105-91.
Exemp tion 17 NCAC 4B .4005
Amend/A wholesale sale is a sale for resale.
Warehouse 17 NCAC 4B .4013
Amend/A warehouse which distributes merchandise to its own
stores only is not subject to the chain store license.
Rate of Penalty 17 NCAC 4B .4402
Amend/Rate of penalty and interest.
Not S p ecifically Mentioned 17 NCAC 4B .4503
Amend/Items not specifically covered in the statute are not
subject to the general business license.
Government Campgrounds 17 NCAC 4B .4504
Amend/The operation of a campground by a unit of the
federal, state or local government does not require a
general business privilege license.
Prison Cam p s 17 NCAC 4B .4506
Amend/Concession sales at prison camps restricted to
prisoners and prison personnel and subject to audit are not
subject to the general business license.
12
Municip ality 17 NCAC 4B . 4509
Amend/A municipality engaged in proprietary operations is
subject to State licenses.
State Government 17 NCAC 4B .4511
Amend/Concession sales at State institutions restricted to
patients and employees and subject to audit are not subject
to the general business license.
Shuffleboard 17 NCAC 4B .4516
Amend/Certain game machines are subject to the general
business license.
Definitions 17 NCAC 4C .0101
Amend/Defines terms used in this subchapter.
Application of License 17 NCAC 4C . 02 o 1
Amend/License application requirements for cigarette
distributors.
Distributor to Notif y 17 NCAC 4C • 0205
Amend/A cigarette distributor is responsible for notifying
cigarette manufacturers of the issuance of and changes to
licenses.
Out-of-State Sales 17 NCAC 4C .0504
Amend/Requirements for out-of-state sales.
Tax on Com p limentary Packs 17 NCAC 4C .0603
Amend/Reporting requirements for tax on complimentary packs.
Distributor Res p onsible for Tax 17 NCAC 4C .0701
Amend/A distributor is responsible for payment of tax due on
cigarettes received.
Insure Cig arette Inventory 17 NCAC 4C .0702
Amend/A distributor is liable for the tax on unaccounted for
inventory.
Federal Government 17 NCAC 4C .0801
Amend/Determining whether cigarettes are sold to the federal
government and exempt from the cigarette tax.
13
Free Distribution 17 NCAC 4C .0802
Amend/Requirements to exempt cigarettes given to employees.
Monthly Re p ort 17 NCAC 4C .0901
Amend/Monthly reporting requirement of resident distributor.
Record Re q uirement 17 NCAC 4C .0903
Amend/Invoicing requirements for the sale of cigarettes.
Refunds Only 17 NCAC 4C .1002
Amend/Refunds are made only to distributors.
Dealers on Trains 17 NCAC 4C .1101
Amend/Monthly reporting requirement of railroads operating
interstate.
Ocean-Going Vessels 17 NCAC 4C .1102
Amend/Ocean-going vessels exemption from the cigarette tax.
Identification Re q uirement 17 NCAC 4C .1201
Amend/Each cigarette vending machine is required to have
identification showing the name, address and telephone
number of the operator.
License Re q uirements 17 NCAC 4C .1301
Amend/License application requirements for other tobacco
products.
Sales to Licensed Dealers Only 17 NCAC 4C .1402
Amend/A manufacturer of other tobacco products can sell only
to licensed dealers.
Primary Liability 17 NCAC 4C .1501
Amend/Liability for other tobacco products excise tax.
Re p orting Re q uirements 17 NCAC 4C .1705
Amend/Reporting requirements of wholesale dealer of other
tobacco products.
Penalties 17 NCAC 4C .1707
Amend/Penalties for improper handling of other tobacco
products designated exempt.
14
Liq uid Base Rate Illustrated
Amend/Explanation of liquid base tax rate.
17 NCAC 4D .0303
Products Used b y Manufacturer 17 NCAC 4D .0305
Amend/Storage and record requirements for base products not
used in the manufacturing process of bottled soft drinks.
Domestic Use 17 NCAC 4D . 0401
Amend/Clarification of the taxable status of soft drink
products.
Re o resentative List 17 NCAC 4D .0402
Amend/A soft drink product may be subject to the soft drink
excise tax.
Application for Exemp tion 17 NCAC 4D .0505
Amend/The appropriate application for exemption must be
filed to exempt a soft drink product from the excise tax.
Natural Products Exemp tion 17 NCAC 4D .0508
Amend/Requirements for natural products exemption.
Desig nation of Exemp t Sales 17 NCAC 4D .0509
Amend/Requirements related to designation of exempt sales.
Only N.C. Taxp aid Indicia 17 NCAC 4D .0610
Amend/Written notification required to sell products
evidencing another State's indicia.
Bond Re q uirements 17 NCAC 4D .0909
Amend/Bond requirements for out-of-state distributors or
dealers.
Primary Liability 17 NCAC 4D .1001
Amend/Liability for the soft drink excise tax.
Application for License 17 NCAC 4E .0102
Amend/Due date for alcoholic beverage licenses.
15
Sep arate Re p orts for Wines 17 NCAC 4E .0203
Amend/Separate excise tax reports are required for fortified
and unfortified wine.
Bond Re q uired 17 NCAC 4E .0601
Amend/Bond requirements of resident wholesalers and
importers.
New Wholesaler 17 NCAC 4E .0602
Amend/Bond requirements of a new resident wholesaler or
importer.
Issuance of Stamp s 17 NCAC 4F .0001
Amend/County register of deeds may procure real estate
excise tax stamps from the Secretary of Revenue.
Dissolution or Withdrawal
Amend/Franchise tax liability of
withdrawing from N.C.
DEPARTMENT OF
REVENUE/CORPORATE
INCOME AND FRANCHISE
TAX DIVISION
17 NCAC SB .0105
corporations dissolving or
Extension of Filing Date 17 NCAC SB .0107
Amend/Requirements for receiving an extension for filing the
franchise and income tax return.
Form to be Used for Filing 17 NCAC SB .0403
Amend/Taxpayer shall devise a form to be used for reporting
gross receipts of pullman, sleeping, chair and dining cars.
Form to be Used for Filing 17 NCAC SB .0503
Amend/Taxpayer shall devise a form to be used for reporting
franchise tax on express companies.
Form to be Used for Filing 17 NCAC SB .0603
Amend/Taxpayer shall devise a form to be used for reporting
franchise tax on telegraph companies.
Cor p oration Billed for the Tax 17 NCAC SB .0803
Amend/The franchise tax is billed to the corporation by the
corporate division.
16
Corp oration Billed for the Tax 17 NCAC 5B .0903
Amend/The franchise tax is billed to the corporation by the
corporate division.
Investment in Foreig n Subsidiary 17 NCAC 5B .1105
Amend/The capital stock base may not be reduced by the
amount invested in a foreign subsidiary.
Exclusion Provision 17 NCAC 5B .1108
Amend/The Capital Stock Base is increased or decreased based
on indebtedness due to/from an affiliated corporation.
Treatment of Construction 17 NCAC SB .1303
Amen.d/If owned, construction in progress is includable in
the tangible properties base.
Carrier Op erations 17 NCAC SB .1304
Amend/Property attributable to motor carrier operations is
excludable from the property base.
Determination of Inclusion 17 NCAC SB .1309
Amend/When it is unclear which of two corporations will
include certain property in its tangible property base, the
one taking the depreciation will include that property.
Carrier Op erations 17 NCAC 5B .1402
Amend/Property value attributable to motor carrier
operations is excludable from the appraised valuation base.
Com p utation of Tax 17 NCAC SB .1502
Amend/re prevent double taxation in the event of a merger,
the survivor may claim credit for unused portion of
franchise tax paid by the submerged corporation.
DEPARTMENT OF
REVENUE
Refunds to Institutions 17 NCAC 7B .1602
Amend/Sets forth the provisions for refunds of sales and/or
use taxes to hospitals, etc.
Refunds to Counties 17 NCAC 7B . 1702
Amend/Describes the refund provisions applicable to
governmental entities.
17
Sales to and b y Hos p itals 17 NCAC 7B .1801
Amend/Sets forth the application of sales tax to sales to
and by hospitals, etc.
Refunds to Hos p itals 17 NCAC 7B .1802
Amend/Sets forth the provisions for refunds of sales taxes
to hospitals, etc.
Scrap Tire Dis p osal Tax 17 NCAC 7B .1907
Amend/Describes the provisions of G.S. 105-187.16 which
imposes a privilege tax at the prescribed rates on the sales
price of new tires.
Taxable Op tical Supp lies 17 NCAC 7B .5004
Amend/Sets forth the application of sales tax to sales to
users or consumers of eyeglass frames, etc.
Certificate of Authority 17 NCAC 7B .5301
Amend/Describes the procedure to be used by firms which have
posted a bond with this department to insure the direct
payment of sales and/or use taxes on purchases on tangible
personal property for use.
Scrap Tire Dis p osal Tax Re p ort 17 NCAC 7B .5448
Amend/Describes the form to be used by taxpayers to report
the scrap tire disposal tax.
Com p uting Tax Due 17 NCAC 9H .0307
Adopt/Sets forth how special fuels tax and inspection fees
are computed on compressed natural gas.
Ne g otiation with DOT Em p loy ees
Amend/States conditions for right of
DOT employees.
DEPARTMENT OF
TRANSPORATION
19A NCAC 2B
way negotiation with
.0114
No Oblig ation 19A NCAC 2B .0129
Amend/States conditions for right of way agreements.
Conditions Precedent 19A NCAC 2B . 0131
Amend/States conditions involved in condemnation
proceedings.
18
Notice to Owner 19A NCAC 2B . O 132
Amend/States procedure for notifying property owner that DOT
will proceed with condemnation.
Notice to Dis p lacees 19A NCAC 2B .0133
Amend/States conditions for DOT notification of displacees
to vacate property.
Dis p osition of Imp rovements 19A NCAC 2B .0138
Amend/Sets parameters for disposition of property acquired
for right of way improvement.
Public Sale 19A NCAC 2B .0139
Amend/States conditions under which DOT may sell property.
Removal of Graves 19A NCAC 2B . 0142
Amend/States procedures DOT must follow if removal of graves
is necessary for right of way improvement.
The Sale of Surp lus Lands 19A NCAC 2B .0143
Amend/States conditions under which DOT disposes of
remainder property.
Construction 19A NCAC 2B .0155
Amend/Sets conditions for DOT construction and maintenance
of railroad crossings.
Paving of Roadway 19A NCAC 2B • 0156
Amend/States conditions of paving road surfaces crossing
railroad tracks.
Cost of Chang ing Elevation 19A NCAC 2B .0157
Amend/States conditions for DOT to pay for change in
railroad facilities when road surface is changed.
Chang ing Grade of Road 19A NCAC 2B . 0158
Amend/Sets responsibility for change of road grade when
railroad track grade is changed.
Bicy cle Trails 19A NCAC 2B .0161
Amend/Sets conditions and responsibility for municipalities
to use highway rights of way for bicycle trails.
19
Dele g ation to Manag er 19A NCAC 2B .0162
Amend/Clarifies responsibility for municipal agreements for
small urban funds.
Use of Rig ht of Wa y Consultants 19A NCAC 2B .0164
Amend/States parameters for right of way branch to use
consultants.
Dele g ation b y Administrator 19A NCAC 2B .0201
Amend/States conditions for State Highway Administrator to
delegate to manager of traffic engineering authority to
approve spot safety funds.
Res p onsibility 19A NCAC 2B .0203
Amend/States conditions for traffic control device
responsibility.
Uniform Traffic Devices 19A NCAC 2B .0208
Amend/States incorporation by reference of 'Manual on
Uniform Traffic Control Devices' into Administrative Code.
Parking Sig ns 19A NCAC 2B .0212
Amend/Sets parameters and responsibility for No Parking
signs.
Truck Route Desig nation 19A NCAC 2B .0213
Amend/Clarifies responsibility to set truck routes on state
highway system.
Shopping Center Sig ns 19A NCAC 2B .0215
Amend/States conditions for erection of shopping center
signs.
Street Name Sig ns 19A NCAC 2B .0216
Amend/States parameters for street name sign responsibility.
All America City Sig ns 19A NCAC 2B .0217
Amend/States parameters and conditions for All America City
signs.
Railroad Name Sig ns 19A NCAC 2B .0218
Amend/Sets conditions for railroad name signs on overpasses.
20
Fire District Sig n 19A NCAC 2B . 0220
Amend/States conditions for erection of Fire District signs
on highway right of way.
Services Sig ns 19A NCAC 2B .0221
Amend/States requirements for services signs on state
highway system.
Telep hone Sig ns 19A NCAC 2B .0224
Amend/Sets conditions for approval and placement of
telephone signs on highway right of way.
Blue Star 19A NCAC 2B .0225
Amend/Sets criteria for establishing Blue Star Memorial
Highway Signs.
Community Watch Sig ns 19A NCAC 2B .0227
Amend/States criteria for erection of Community Watch Signs.
Relocation Assistance 19A NCAC 2B .0432
Adopt/Incorporates by reference federal regulations for
relocation assistance.
Applicability 19A NCAC 2B .0433
Adopt/States conditions for relocation assistance rules.
Utility Encroachments 19A NCAC 2B .0500
Amend/Incorporates utilities manual into Administrative
Code.
Definitions 19A NCAC 2B .0501
Amend/Defines terms used in this subchapter.
App lication for Utility Enc. 19A NCAC 2B .0503
Amend/States instructions for utility encroachment
applications.
Approval of Encroachment 19A NCAC 2B .0504
Amend/States parameters for approval of utility
encroachments.
21
Execution of Utility Ag reement 19A NCAC 2B .0507
Amend/States procedures for executing utility agreements.
Bond Re q uired 19A NCAC 2B .0508
Amend/States conditions under which bond may be required for
encroachment on highway right of way.
Ag reements 19A NCAC 2B .0509
Amend/States procedures for encroachment agreements during
highway construction.
Ve g etation 19A NCAC 2B .0510
Amend/States procedures for removing vegetation in highway
right of way areas when utility encroachments are involved.
Final Ins p ection 19A NCAC 2B .0513
Amend/States procedures required for final inspection and
final reports of encroachments on rights of way.
Relocation of Utilities 19A NCAC 2B .0515
Amend/States conditions and responsibility for relocation of
utilities in highway improvements.
Driveway s 19A NCAC 2B .0601
Amend/States conditions for permitting and constructing
driveways within highway right of way.
Obtaining a Permit 19A NCAC 2B .0602
Amend/States conditions for obtaining a driveway
construction permit.
Driveway Permits 19A NCAC 2B .0603
Amend/States parameters for commercial property driveway
permits.
Approval of Application 19A NCAC 2B .0604
Amend/States conditions for approval of driveway
application.
App lication Review Period 19A NCAC 2B .0605
Amend/States time frame for driveway permit applications.
22
Non-Collusion 19A NCAC 2D . 0218
Amend/States parameters for affidavits and on-collusion
certifications required for bidding.
Hi g hway Sy stem Limitations 19A NCAC 2D .0702
Amend/Limitations are placed on secondary roads in state.
App lication Procedures 19A NCAC 2D .0704
Amend/States parameters for intermittent road closings.
Warning Sig ns 19A NCAC 2D .0708
Amend/Sets conditions for erection of. warning signs on
secondary roads.
Appeal Procedures 19A NCAC 2D . 0709
Amend/States procedures for appeal of denial of road closing
application.
Preg ualify ing Bid 19A NCAC 2D .0801
Amend/States requirements for bidders to prequalify for
bidding on highway projects.
Invitation to Bid 19A NCAC 2D • 0802
Amend/States information contained in invitations to bid.
Advertisement 19A NCAC 2D .0803
Amend/States procedures for advertisement and invitations
for bids.
Examination of Plans 19A NCAC 2D • 0807
Amend/States assumption that bidder has investigated scope
of work before submitting bid.
Bid Bond 19A NCAC 2D .0809
Amend/Sets conditions for bid bonds and bid deposits.
Withdrawal or Revision of Bids 19A NCAC 2D .0811
Amend/Sets conditions under which a bidder may withdraw a
bid.
23
Withdraw of Bids-Mistake 19A NCAC 2D .0813
Amend/Sets conditions under which a bidder may withdraw a
bid.
Correction of Bid Errors 19A NCAC 2D .0814
Amend/Sets provisions for correcting clerical errors in
contract bid items.
Re j ection of Bids 19A NCAC 2D .0815
Amend/States conditions under which a bid is rejected.
Dis q ualification of Bidders 19A NCAC 2D .0816
Amend/States conditions under which bidders may be
disqualified.
Consideration of Bids 19A NCAC 2D .0817
Amend/States conditions the department uses to compare and
consider bids.
Award of Contract 19A NCAC 2D .0819
Amend/Sets standards for the award of a contract to a
bidder.
Cancellation of Award 19A NCAC 2D .0820
Amend/States time frame board may rescind award of contract.
Return of Bid 19A NCAC 2D .0821
Amend/States conditions of return of bid bond or deposit.
Confidentiality 19A NCAC 2D .0825
Amend/States conditions under which cost estimates are kept
confidential.
Subsurface Information 19A NCAC 2D .0827
Amend/Describes additional information which is available to
bidders.
Com p uter Bid Prep aration 19A NCAC 2D .0828
Amend/Bidders may request and use a computer diskette to
assist in bid preparation.
24
Definitions 19A NCAC 2D .0830
Adopt/Defines terms used in this subchapter.
S p ecific Information 19A NCAC 2E .0216
Amend/States procedures for specific information signing
program.
Prog ram Definitions 19A NCAC 2E .0217
Amend/Lists definitions for Specific Information Program.
Location of Panels 19A NCAC 2E .0218
Amend/States parameters of location of official sign panels
on the state highway system.
Elig ibility for Prog ram 19A NCAC 2E .0219
Amend/States conditions for businesses to participate in the
business sign program.
Com p osition of Sig ns· 19A NCAC 2E .0220
Amend/States criteria for composition of signs in the logo
sign program.
Fees 19A NCAC 2E .0221
Amend/States criteria for fees for business sign program.
Contracts with De p artment 19A NCAC 2E .0222
Amend/Sets parameters for contracts for business sign
program.
Org anization
Amend/Lists agencies and authorities
Systems Division administers.
BOARD OF TRUSTEES OF
THE TEACHERS' AND
STATE EMPLOYEES'
RETIREMENT
20 NCAC 2A .0101
which the Retirement
Establishment 20 NCAC 2A .0201
Amend/Provides procedures and address for correspondence
related to rulemaking.
Definitions 20 NCAC 2A .0202
Amend/Defines terms used in this subchapter.
25
Establishment of Procedural Rights 20 NCAC 2A .0301
Amend/Establishes procedures for requesting a declaratory
ruling.
Definitions 20 NCAC 2A .0302
Amend/Defines terms used in this subchapter.
Establishment of Procedural Rights 20 NCAC 2A .0401
Amend/Tells how a member or beneficiary can obtain a hearing
when he or she feels it is needed.
Definitions 20 NCAC 2A .0402
Amend/Defines terms used in this subchapter.
Definitions 20 NCAC 2N .0105
Amend/Defines terms used in this subchapter.
Office of the Director 20 NCAC 2N .0106
Amend/Provides address of the Fund and its office hours.
Board of Trustees 20 NCAC 2N .0107
Amend/Provides a description of the board's internal rules.
Divisional Rules 20 NCAC 2N .0108
Adopt/Adopts by reference standard operating procedures
contained in divisional rules.
Annual Certification 20 NCAC 2N .0110
Amend/Provides procedures for the required annual
certification of firemen.
Annual Certification 20 NCAC 2N .0111
Amend/Provides procedures for required annual certification
of Rescue Squad Workers.
NC STATE BOARD OF
REGISTRATION FOR
FORESTERS
Re-Registration 21 NCAC 20 .0014
Amend/States procedure for a registered forester to follow
when he allows his registration to lapse.
26
Certification 21 NCAC 20 .0020
Adopt/States requirement of a registered forester to file an
affidavit annually with the board.
Re j ection of Consultant Affidavit 21 NCAC 20 .0021
Adopt/An applicant whose application to practice as a
certified consultant forester is rejected, he can submit
additional justification.
Handling of Com p laints 21 NCAC 20 .0022
Adopt/Outlines how complaints received by the board against
certified consulting foresters will be handled.
N·c STATE BOARD OF
MEDICAL EXAMINERS
Definition 21 NCAC 32B .0801
Adopt/Defines the practice limitations of a physician
practicing with a medical school faculty license within the
confines of the medical school employment.
Elig ibility Req uirements
Adopt/Requires verification of
lecturer, assistant professor,
medical schools in the state.
21 NCAC 32B .0802
appointment as full time
etc. at one of the four
Application 21 NCAC 32B .0803
Adopt/Explains the information required in the application
for license.
Fee 21 NCAC 32B .0804
Adopt/A non-refundable fee 1.s charged to process the license
applicati6n.
Certified Photog rap h 21 NCAC 32B . 0805
Adopt/Describes the required certification on the photograph
and the information required to certify that the applicant
graduated from medical school.
Verification 21 NCAC 32B .0806
Adopt/Requires verification reports from all State Medical
Boards by which the applicant has been licensed.
Letters of Recommendation 21 NCAC 32B .0807
Adopt/Requires letters-of recommendation to be submitted to
the board on the applicant's behalf.
27
Personal Interview 21 NCAC 32B .0808
Adopt/Requires a personal interview as part of the
credentialling process.
NC BOARD OF
MORTUARY SCIENCE
Com p laints 21 NCAC 34A .0126
Adopt/Provides for authority of staff and probable-cause
committee in screening complaints against licensees.
NC BOARD OF
PHARMACY
Procedure for Dis p osing of Drug s 21 NCAC 46 .3001
Adopt/Sets out procedures for disposing of outdated,
adulterated or unwanted drugs.
28
SUBCHAPTER 2L -GROUNDWATER CLASSIFICATION AND STANDARDS
SECTION .0100 -GENERAL CONSIDERATIONS
15A NCAC 2L .0102 has been amended with changes as published in 7:24
NCR 2669-2671 as follows:
.0102 DEFINITIONS
The definition of any word or phrase used in these mies shall be the same as given in
G.S. 143-212 and G.S. 143-213 except that the following \vords and phrases shall have the
following meanings:
(1) "Bedrock" means any consolidated rock encountered in the place in which it was
formed or deposited and which cannot be readily excavated without the use of explo-
sives or power equipment.
(2) "Commission" means the Environmental Management Commission as organized under
Chapter 143B of the General Statutes.
(3) "Compliance boundary" means a boundary Mound a disposal system at and beyond
which watef \:!,roundwater quality standards may not be exceeded and only applies to
facilities which have received a permit issued under the authorit v of G.S. 143-215. l_or
G.S. 130A. ,er-fur-disposal systems permitted ey-the-Department ef-Human Res-t:tt:tre-
(4) "Contaminant" means ~substance occurrin g in groundwater in concentratiorts which
exceed the groundwater quality standards s pecified in Rule .0202 of this Subchapt~t
ill\ "Corrective action ~ means a .!2.li!!!._ for eliminating sources of groundwater con-
tamination r~=}={~~==~~:~:;:~t or {f~~:=f~~~I;~~~=:~} for achievimr Qroundwater qualitv restoi·ati,Jn or
both . . i~=tJ tJ}:/IJt tff ==f :=:=/t\~J/f f }\t:~;r ~~~;f l f }::{Jf r:~:/~l }.{t\~;f:=rc::?tfi
(.filf t4J "Director" means Director of the Division of Environmental Management.
f'.Z1f "Division" means the Division of Environmental Management.
ffil{: "Ex posure pathway" means a course taken bv a contaminant .!2y_ wav of~ trans port
medium after its release to the environment.
£21} __ "fi~~~-prn~u_c~" m~_~n_s __ a non-aq ueous phase liquid which mav be present
~-:~:_:c:=:?===:==:E====:=?===:=-:::::t=:::::-~::===:=?'= within the saturated zone or in smface water.
(iot(r~·;·,f;~;h-.g~:~~;d;;;~~-s" means those groundwaters having a chloride concentration
equal to or less than 250 milligrams per liter.
flJ ff ~ "Groundwaters" means those waters occurring in the subsurface unde~ saturated
c-◊nditions:zooe-ef the-~
(125:f R,'Hazardous sub~tance;; means any substance as defined by Section 10 l ( 14) of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA).
(13);.L "Licensed geolo \!ist" means a person who has been duly licensed as a !!eologist in
accordance with the re q uirements of G.S. 89E.
(l4f:~'Natural remediation" ~t}===f~=~\~~=\~~=~= means those natural processes acting to
restore groundwater quality. including dilution, filtration. sor ption. ion-exchange.
chemical transfoimation and biodegradation.
~;,. ,~'-• • • _____________________ --~,~:,-,-❖_,.,-_._ /,;.· -1/·. ,. _:_,.·. ---~::--'.;-:_:-;:-; ·.,._.~~-~.:~,;•:/t"."(--·,•t-'':'';.;.•:.-:, 0-~;-. :-r1-%-~;.',;,·_:.",;
(1$;) f1Pract1cal Q uanhtat1o_n .==~===~==/======:=:: Lufiit'' rrieans the lowest _c6nce~t1:atio~_.$!~_j)N£P
foat~nat that t'ari be foHahlv achfe,,ecl aniotrg laboratories within sfa edfied UfutM ~
'b t~cisiort ind abfo'fa.c v !rit_~ giv¢n anal yt ical irtethod during i·oiittn¢ t~boia(ifiy anwvsis: -~-r~-~-~-r~-~ ~~~-ff~~-= ff~-~~-=-~·=\-~-r~-~-~-~ ~-~ ~-r~-~ ~-~ ~-~ ~-~\-~-~ ~-~-~-~ {~ ~-~-ffff
(8) "Limit ef Detectability" means t-h-e-method detection 1-i-mi-t established f-er-the-B:&--EPA
flf)tJroved tes-t vrncedure providing the lowest method dereetien-l-imtt-fef-the substance
being-mm1itored. ITott f9} "Natural conditions" means the physical, biological , chemical and radiological
conditions which occur naturally.
(17)\ fl-Gj "Potable waters" means those waters suitable for drinking~ by humans.
{18,lf:~j "Professional Ernrineer" means a person who has been duly re gistered and licensed
as a professional en!.!ineer in accordance with the re quirements of G.S. 89C.
lt9¥f ''Rece ptor" means any 6umafi~ plant~ ariimaL of structure which .~ ()1' ha~ th~ ... .
pgfontial fo he, adveisel v effecied h_the 1·elease 6r migratfortof coiitamin~ts; Afi~
well coristriicted for the purp6'.se of monitonn ~ groundwater arid cotitainiriint
¢oncehtrations_ sha11 _iik considered_ A recep tot.~~::~t~~~~{~I=~~~~~~~~~:~t~:~~r~~~~~t~~~~~~~I~~~~~~~~~ : : : : : ~ =: : : : : : :: :_: : : : : :_: : : ~ : : : :_ :_: : : : : : : : : : : ~ : :. : ~::: ~: =::.::::: = = ~-: : : : : = : : : : ; : : : : : : : : : __ :
~"Review bounda1y" means a bounda1y around a pem1itted disposal facility, midway
between a waste boundaiy and a compliance boundary at which groundwater
monitoring is required.
{2f)(l2)"Saline groundwaters" means those groundwaters having a chloride concentration of
more than 250 mg/1.
{22)( 13) "Saturated zone" means that · part of the subsurface below the water table in which
all the interconnected voids are filled with water under pressure at or greater than
atmospheric. It does not include the capillaiy fringe .
f23)"Standard~i means groundwrttei g'lialitv standards as s pecified in Rufe .0202 df furs
Subchaptet
f24 f: 8-4-t "Suitable for drinking" means a quality of water which does not contain
substances in concentrations which, either singularly or in combination if ingested into
the human body, may cause death, disease, behavioral abnoimalities, congenital
defects, genetic mutations, or result in an incremental lifetime cancer risk in excess of
lxI0·6, or render the water unacceptable due to aesthetic qualities, including taste, odor
or appearance.
{2S)t~ "Timi:! of travel'' means the time re yuired for contaminants in t!roundwater to move ~
unit distance.
(26 'it (--1-5,'Waste bounda1y" means the perimeter of the pe1mitted waste disposal area .
(27I~~~~ t+6:;'Water table" means the su1face of the saturated zone bdow which all intercon
nected voids are filled with water and at which the pressure is atmospheric.
Histmy Note: Statut01y Authority G.S. 143-214.1; 143-215; 143B-282;
Eff. June 10, 1979.
Amended Eff. October I. 1993; August 1, 1989;
July 1, 1988; March 1, 1985; September 1, 1984 .
15A NCAC 2L .0103 has been amended with changes as published in 7:24 NCR 2671 as
follows:
.0103 POLICY
(a) The mles established in this Subchapter are intended to maintain and preserve the
quality of the groundwaters, prevent and abate pollution and contamination of the waters of
the state, protect public health, and permit management of the groundwaters for their best
usage by the citizens of Notih Carolina. It is the policy of the Commission that the best us-
age of the groundwaters of the state is as a source of drinking water. These groundwaters
generally are a potable source of drinking water without the necessity of significant treatment.
It is the intent of these Rules to protect the overall high quality of No1ih Carolina's
groundwaters ftfid..re-enhance anti restore the quality of degraded grnunclv,:aters to the level
established by the standards: and to enhance and restore the quality of dearaded groundwaters
where feasible and necessary to protect human health and the environment, or to ensure their
suitability as a future source of drinkin1! water.
(b) It is the intention of the Commission to protect all groundwaters to a level of quality
at least as high as that required under the stmJards established in Rule .0202 of this Subchap-
ter. In keeping with the policy of the Commission to protect, maintain, and enhance ground-
water quality within the State of N01ih Carolina, the Commission will not approve any dispos-
al system subject to the proYisions of G.S. 143-215. l which would result in:
(1) the significant degradation of groundwaters of which have~ existing quality that
is better than the assigned standard. unless such degradatio'r1 1s found to be
economically aftfl socially justifiable, in the best interests of th~ citizens bf North
Carolina based upon . the pro1ected econmic benefits of the facilit~ and ~
determination that public health will be protected, or
(2) a violation of a watef ~roundwater quality standard beyond the boundaries ef-ilie
property e-n--which the-source ef pollutioA i:t-located, &_a designated com p liance
boundarv. or
(3) th,e •im.pai1mer,i~_of existing groundwater uses or aa: adverse imp~et oo-~ inci-eased
rfsk t6 the health or safetv of the public h,9.alth, s_fi.fy,~y ~ ·.yc:lfa.1;~ due to the
o peration of a waste disp osal svstem.
(c) Violations of ground·.vate~ qli,Rlity standards resulting from groundwater withdrawals
which are in compliance with water use pennits issued pursuant to G.S. 143-215.15, shall not
be subject to the corrective action requirements of Rule .0106 of this Subchapter.
(d) No person shall conduct or cause to be conducted, any activity which causes the con-
centration of any substance to exceed that specified in Rule .0202 of this Subchapter, except
as authorized by the mies of this Subchapter.
{e ) Work th~t IS within the scope of the practice of geology and engineerin g , p e1forrned
pursuant to the re q uirements of this Subcha oter. which involves site assessment the interpreta-
tion of subsurface geologic conditions. preparation of conceptual co1Tective action plans or
~ work re yuiring detailed technical knowledge of site conditions which is submitted to the
Director. shall be perfo1med bv persons . firms or professional co1 µorations who are dulv li-
censed to offer geolo g ical or engineerin !! services bv the appropriate occu p ational Jicensimr
board ◊rare exemp ted from such licensin 2 hY_ G:S. 89E-6. Work which involves design of
remedial s sterns or s pecialized constmction techni ques shall be performed bv oersons. firms
or professional corporations who are duly licensed to offer engineering services. Corporations
that are authorized .!2Y_law to perfo1m en!lineering or geological services and are exempt from
the Professional Corporation Act. G.S. 55B, may perfo1m these services.
History Note: Statuto1y Authority G.S. 143-214.1; 143-214.2; 143-215.3(e);
143-215.3(a)(l); 143B-282;
Eff. June 10, 1979;
Amended Eff. October .L.1993; August 1, 1989; July 1, 1988;
September 1, 1984; December 30, 1983 .
ISA NCAC 2L .0104 has been amended with changes as published in 7:24 NCR 2671-
2672 as follows:
.0104 RESTRICTED DESIGNATION (RS)
(a) The Ji§ designatio~ seri;es is ~ ~arnin i! that g1~ouridwiltet so d~signated -~av riot 6J
~fficible fot lise as a drinkin g watef suppiy without treatment. The desi gnation!§_ tei'nporaiv,
Kttd will be 1:emoved .!2Y_ the Directorupon a determination that the quality~ th~ groyndwiicl:
~ desi gn ate<l has been restored fo the level of the applicable standards or When
Ute groundwiters h~ve been redassified ki_ the Cornrnissior{
The Director is authorized to designate GA or GSA groundwaters as RS under any of the
following circumstances: ( I) Where, as a result of man's activities, groundwaters_ have been contamln'afi& hnd
-ebntain ooneentrations e:f sttbstartb_e~ ift e;t_eess ~$& gJ~nchvate~ quaHt),,; fa~4~
t:z:,:;eY~~;-~~:;:f~e~= 1
:~:~;t~~=1d:t~it:~~I~i@:~~l~~~~~:t~:~ji~r~~I:~:::~~=~~====~~~:
the Director has approved a con-ective action ~ -:=~~~~~:~=::f~;~;~~~g:~~:)~~--:t?:::=~-=:~;::t={~=~-t=:==:~
or termination of corrective action. that will not result in the immediate restoratidri
gf_such groundwaters to th~ standards established under this Subchapter~
(2) Where a statutory variance has been granted as provided in Rule .0113 of this
___ ~l!~C~_~P!~!-. ________________________________________________ . _____________________ _
~:==~~ t~: ===~ ;:~=~=~= ~==-;=~: ~~~: ~=~-~~~: ~=~=~}:~=~~~~~= ~=~= ~s= ~~~~~~~=~~=~=~~ ~=~~ ~~~~ ~~~: i =~: ===~ =~~~~~~~ ~~~:~~~= ~=~:~~~: ~3 = ;~~= ~~:~~~~ ==~: ==:~~-~: _ ;=~= ~3~ ~~~~ ~~~~ ~=~= :~~~ =~~~ ~:
(b ) Groundwaters occun-in l! within an area defined .!2Y_ a com pliance boundary in a waste
dis posal permit are deemed to be desi gnated RS. . _ .. _ ... _ .
(c)(i}J The boundarv of a designated RS area may be a pproximated in the absence of
anaiytical data sufficient to define the dimension of the area. The boundarv shall b~ foCateci
at least 250 feet away froni the predicted edge of the contaminant plume, a.rid shall ihch.1:de
any areas lnto which the contamination is ex pected to migrate. '.f.he-R:S-de~ignaJio.~ :S~:~s tt:t-~
1fit1rning thftt-groundv{atef :,e designated ma-y-Ret-be s-uitable ff>f-ttSc-$-a-drinking ~~
~~~~~~f1Ytie;;::~~~;!~:~;.;-;;~~g;a;d;.¥!.::.~=~
tPf-~~-~{gaation ~te~~~t)'-~ -w-111-1,e-~~~:.:~d i;~ot~~~t~~--~~-4£t~t~i~_ttt.i9~ #lat
~ qt,tality ef:.the groundrwatef ~ d9~ignated ~~r,estore.d ~tr~~~t½ ~P.PH.Q!Wl~
stand8:Rls (:}f-Wfteff-re elassi fied. GC.
.. (d) In -~eas designated RS, ;r~ the person res ponsible for !l roundwater contamination
~==~::=~==~;:-:~r{t~~~:~~~:= shall establish and im plement a groundwater monitoring svstem sufficient to de-
tect changes in groundwater quality within the RS designated area. Monitoring shall be
:~~~=ft~~~~?=~}~~~~~~=? _ gua_i:ter~y_for_the first v ear and may be reduce_~ to ~~~i-~n~mall _y ~h~r_e~ftef until
the app Ii cab le ~~={~~~~~~=~:~~~:~~~~~~=~~::=~=== standards have been achieved. ~~=t ~{?{I ::'=~=~~~~-==~f~r~~~~~~~~~~~~~8~~
If during the monitorirnr period. contaminant concentrations increase . additional remedial ac-
tion or monfroring pursuant to these Rules may be re q uired.
W The applicant for an RS desi gnation shall also provide written verificatioti that all
propertv owners within and adja_cent to the proposed RS area have been notified Qf_ the te~
g,uested RS designatiqn,
ff"[~ The Division shall provide public notice ~~~~~:~~~:}}~=~~=I}::===~~~==~~=;~;}=:~~~:~~~~:~~ of the intent to desig-
~~t~-~~y -~1~0~-~?W..~t ~r _ ~~-fo a'.Ccotdance {vfrh the followin g re guireinenfa:
~ ~-~-~ ~ ~ ~-~ ~ ~ ~ ~ ~ ~ ~-~ ~ ~ ~ ~ ~ ~ ~ ~ ~-~ ~: ~ ~ ~ ~
(
1
) ~;:~c;c:~a~I l=~~~lr~~~~][\¥:[i~j\iiitii:i}ti~ii :-~1~~-~;l;;~iin2l tt: h ~lai43~g1}:~ ::::~~~r::.ed
notice shall be provided to all property owhei-s identified pu"tsuii.ht td Patagfaph ID of this Rule and to the local Countv Health Director and the chief administrative
officer of the political iurisdiction (s ) in which the contamination occurs .
.m_ The notice shall //~~:::::::=/:=:=/;;=~:~=~:=: c·bntain the following infofn:iatiofr
(Al_name. address. and phone number of the agency issuing the public
notice;
@l the location and extent of the desi rr nated area
(C) fhe county title number; courity tax identification number ~ 2r_ the prou'.e@
tax book and page identifiers.
(D) a brief descri ption of the action or actions which resulted in the
de l!radation of e;roundwater in the area;
(E) actions or intended actions taken to restore t:roundwater quality;
(F) the significance of the RS desi Q:nation ;
(G) conditions applicable to removal of the RS designation :
iill__address and phone number of a Division contact from whotti
interested pmties may obtain further infonnation.
fil The Director shall consider all re quests for a public hearing . and if he dete1m111es
that therl:! i§_si 1Inificant public interest he shall issue public notice and hold ~pubiic
hearirnr in accordance with G.S 143-215.4(b) and Rule 0113 !e ) ofthis8ubchapter.
(4} The~e re q uirements shan not ~ to ~round waters defined in Paragra ph (b) of thi~s
Rule£
/
History Note: Statut01y Authority G.S. 143-214.1; 143-215.3(a)( 1 ); 143B-282(2);
Eff. June 10, 1979;
Amended Eff. October 1_ 1993 ; December 1, 1989; August l, 1989;
December 30, 1983.
15A NCAC 2L .0106 has been amended with changes as published in 7:24 NCR 2672-2676
as follows:
.0106 CORRECTIVE ACTION
(a)--'.f-he-goo-1-ef. actions -talretrro restofc grnundwater quality shft.H-ee restoration t-e--Hte
le¥el-ef.th-e standards, er-as-clese thereto as-ts eeo11omieally frfl:ti teehnoiogieally feasible.
Where !!round water qua! i ty has b~en ~-~~r~~~_c!:__~~~ -~?-~!-_of ~ req uired_ ~<_>~T~~~i_':'~--~~!~?~ -~ha] 1
be restoration to the level of the {=:=r=f{~~,=~,~~:=:::=~===!=~~=~~~,~~=}f: standards. ,/t :=:~,\~:?!=~=\=====}~=={,{=r "=i=?
or as closely thereto as is eco~mi-~~Iiv -;-~d t~~h~~l-~g i-~~llv feasible. I~-iifc;;;~~-irtfuI¾i~g-fe'.J
qUests to the Director for approval of cofrective action plans, or terrriiriatiori of co1.+ec'Hve ~
ttori; the res ponsibilHv for pro✓idirig al1 infonnation required by_ this Rule li~s with tlie b~~
son(s} fuaid'n ii the: request?
(b) Any person conducting or controlling an activity which results in the discharge of a
waste or hazardous substance or oil to the groundwaters of the State, or in proximity thereto,
shall take immediate action to tenuinate and control the discharge, mitigate any hazards result'"
ing from exposure to the pollutants and notify the Departmefit Division of the disc9arge: ,,,
(c) Any person conducting or controlling an activity_ which has ri'ot been permitted bv the
Division and which results in an increase in the concentration of a substance in excess of the
gf()lfflQVlater standard~ other than agricultural o perations~ shall :
•· . ,, . (i,) ~H½e-~ef ite_ti•f _itie _ey~ ~$tin.-~gri9ttltl:lfftl operariOil§~ ~~-p;em,)i,t_t9~ ~~
.... $stil.te ~ . . .. . . .. . . .. ill immediately notify the Division of the activitv that has resulted in the increase and
the contaminant concentration levels; =~=~=~=~~!:~:::::'::,==~=:=
(2) take immediate action to eliminate the source or sources of
contamination:
Q2 submit a report to the Director assessing the cause, significance and extent of the
violation; and
{!} submit a im p lement an approved cmTective action plan ftflfr schedule fur
elimittating the-source 6f. eoHtamittation afl6 for restoration of groundwater
quality~ ftftd implement aH-approved fttftH in accordance with a schedule established
by the Director, or his designee . In establishing a schedule the Director, or his
designee shall consider any reasonable schedule proposed by the person submitting
the plan. A repoti shall be made to the Health Director of the county or counties
in which the contamination occurs in accordance with the re quirements of Rule
.01 ]4(a l in this Subchapter.
.@2ffi Any persoh co11ductin c or controllin,; an ttS-a-rest:tty-of activities activitV :Which i~
C()nducted under the authority of a pe1mit issued by the Division S'.)ttte; _shalt, W~~C ~u9~
and which results in an increase in concentration of a substance in excess of the stanctards
Cea,emtratiOHS ftfe deteeted:
· · ,,,,,,,.,, (,1M1 ~t ~r -bey~~d a review bounda1y, shall demonstrate, through predictive
calculations or modeling, that natural site conditions, facility design and operational
controls will pi·event a violation of standards at the compliance boundaty; or submit
a plan for alteration of existing site conditions, facility design or operational
controls that will prevent a violation at the compliance boundary, and implement
that plan upon its approval by the Director, or his desi !.!11ee.
0:){B) at or beyond a compliance boundaiy, shall assess the cause, significance
and extent of the v~~Jation of_gro~~~"'.Xl:!-t,9f: @~ljty standards and submit the results
of the investigation, arid a plan, and proposed schedule for grouHdvvatct· quality
restorntioH con-ective action to the Director.:..2r..his desi gnee. The pem1ittee shall
implement the plan as approved by and in accordance with a schedule established
by the Director.:.. or his desi 1!11 ee. In establishing a schedule the Directori or his
desi 12nee shaH consider any reasonable schedule proposed by the pe1mittee.
fe) For the pufooses cit Paragraphs(¢) and (d) of this Rule~ an activitv conifo"cted undet
the ':· ·auihoriiv of a permtl issued !2Y._the Division. and sub ied to Pa1~agra ph (d:) 6t th ($
Rule: is or1e tor whfoh: . . . .. . . . .
(11 a permit has been issued pursuant to G.S. 143-215. l : ..
tn the pefrrnH was 6riginally issued after December 30. 1983";· . . . .. .. . ... •· .. z ,,
(3) the substance for which a standard has been exceeded outside the com plfahce
boundarv has been released to groundwater as a result of the permitted activ1H;,;
(4) AH other activities shall for the purpose of this Rule be deeined not permitted hY
the Division and subject. to the provisions of Paragra ph {& of this Rule;.
ffi~~:= C01Tective action re quired following discove rv of the unauthorized release of a contami-
nant to the smface or subsurface of the land, and prior !Q_ or concu1Tent with the assessment
reyuired in Paragraphs hland (dj of this Rule. shall include. but is not limited to :
fil Prevention of fire . ex p losion or the spread of noxious fumes;
@Abatement. containment or control of the migration of contaminants:
filRemoval..or treatment and control of ~primarv pollution source such as buried
waste, waste stock piles or surficial accumulations of free products :
filRemovaL treatment or control of secondary pollution sources which would be f;
potential continuing sources of pollutants to the groundwaters such as contaminateJ
soils and non-aqueous phase li q uids . Contaminated soils which threaten the quality
of groundwaters must ~treated. contained or dis posed of in accordance with
applicable mies and procedures established bv the Division. The treatment or
dis posal of contaminated soils shall be conducted in a manner that will not result in
a violation of }f ftfffft t \Itf~f standards f i?~? or N01ih Carolina Hazardous
Waste Mana l!ement mies. Wt The site assessment conducted pursuant to the req uirements of _._ Paragraph (cp:
of this Rule, shall include {~E?r~~;~~:;:~::~~;;~:::~~;:i:ifa:: ~
ill The source and cause of contamination :
filAnv imminent hazards to public health and safetv and actions taken to miti gate
them in accordance with Paragraph ill f~t of this Rule:
filAll ==:=~=:=:~:-::=~=~=:=:=?:= rece ptors and significant ex posure pathways;
fil The horizontal and vertical extent of soil and groundwater contamination and all
significant factors affecting contaminant trans p01i: and
f2l_ Geolog ical and hvdro geological features influencing the movement, chemical. and
physical character of the contaminants .
Re p01ts of site assessments shall be submitted to the Division as soon as practicabk or in
accordance with a schedule established J2y_ the Director. or his designee . In establishin g a
schedule the Director. or his desi gnee shall consider anv reasonable proposal QY. the person
submittin g the rep01i.
. fu1L Co1Tective action plans for restoration of groundwater gualitv, submitted pursuant to
Paragraphs .{£Land fil of this Rule shall include:
ill A descri ption of the proposed corrective action and reasons for its selection.
ill S pecific plans. includin c: en g ineering details where applicable. for restoring ground
water quality.
ill A schedule for the im p lementation and o peration of the proposed plan.
{±1 A monito1ing plan for evaluating the effectiveness of the proposed co1Tective action
and the movement of the contaminant plume ..
.liif ftB In the evaluation of corrective remedial action plans, the Director.,_Q!:_his designee
shall consider the extent of any violations, the extent of any threat to human health or safety,
the extent of damage or pot~ntial adverse impact to the environment, technology available to
accomplish restoration.1 ftfl<l the potential for degradation of the contaminants in the environ-
ment, the time and costs estimated to achieve groundwater quality restoration. arid the public
;~~--=~i:~~-~~~:i~ •:t~:~:~~~\1,~},~ 1 :~-1te~:/1~~g\f·?undwater qua! i ty restoration~
~::=:=:::fil:~~(:~'.(~~;~~~~:ii:~~t~~~r~:~:::~:l:~~::~~~:!~l~~rsuant to Paragra ph hl or ( d) of this Rule must
be im p lemented using the best available techno)og v for restoration of groundwater quality to
the level of the ~f~~;;~:}~=~+f~)ttf::~=: standards :;~}tr~&~~{~~~~t)~) .,_ except as p rovided fo Paragraphs (k);
!1J_,_<1!1~--(~L?f_~~-i-~-~1:1!~_, _______ ----·-__________ ---•-···-----· ___ --·--·-___________ __________ · ~= :;~: ::::~ ::::: ~== =~=~ ==== =~:: :::::::::: === ~ ::: : ::: ~: =:: ::::: :==:: :::::: t.·: :~:~ ~=~= :::~: ==--=: -~= :~: ~ :~? :: =~ ::::~::::: :::: ~ ==:::~=: ==== ~== ==:-::::: ::::. ::? :::::: =:~ ~-~= :::-: -=:: :::: : ==:= :=::: :==: -=--~ =-== ~-==: ;~ :. =-=~= ::::-: =~~ ~==== === ~==== ~~ ------·ai_i1. :~---A~v 11~;;;~--;~9:;;i;;<l ·t;--r~-~1;;~~~t~~-~-ppr~~~~t;~~;e~1r;~--~cti;~-·;1;ri-·-;6;· ~-~6'ri~per-
mitted ~ite pursuant to this Rule may request that the Director approve such a plan without
req uiring 2roundwater remediation to the standards. A re quest submitted to the Director Linder
this Paragraph shall include a description of site s pecific conditions. including information on
the avaflabilitv of public water supplies for the affected area: the technical basis for the re-
quest·; and anv other information requested bv the Director to thoroughlv evaluate the req uest.
In addition. the person making the request must demonstrate to the satisfaction of the Director:
ill that ~ sources of contamination and free product have been removed or
controlled pursuant to Paragra ph ffi. of this Rule:
fil that the time and. direction of contaminant travel can be predicted with reasonable
ce1taintv :
(3) that contaminants have not and will not migrate onto ad jacent properties~ ot that
@such properties are served Qy_an existin2 public water supply system de pendent
on surface waters or hvdrau1ical1v isolated groundwater. or
.(fil_ the owners of such properties have consented in writin ll to the re quest:
fil that the standards s pecified iri Rule .0202 of this Subchapter will be met at ~
location no closer than one year time of travel u pQiadient of ari existin g OF
foreseeable receptor, based ori travel time and the natural attenuation caoadtv of
subsurface materials or on a physical barrier to \Zroundwater migration that exists ot
will be installed bv the person makin1:t the request
ID that. if the contaminant plume is ex pected to intercept surface waters. the
groundwater discharge will not possess contaminant concentrations that woufcl
result in violations of standards for surface waters contained in 15A NCAC
2B .0200;
ffil_ that public notice of the re g uest has been provided in accordance with Rule
:o'f14 cb) Jr t"frii subchapt~t :
f7) that the prdposed corfecti✓~ ~ctibri piart Would be consis tent with an 8th~
enfitontnenti1 fawt
mH ~ ~~ ~ ~~~~~~~ ~~~Wi~~ ~1~b ~~~~~i ~~~~ k~J~J~~ ~l ~1;~~2~:J~ ~lc~i~~: ~.~ ~ non ~fi et2
triirtba site purstiarit to this Rtlle riliiy fegue -st thatihe Director appi-ove focH i pfaft t,ased ii@rt
riarilfal processes of di~~ afid atteiiuation 6f contaminants. A request . $ubmfftedtdihe
bfrectot Undef this Pa1:~graph sha1l lndrtde li descri ption of site spedftc 6on,Htibrt ~ 1niiltidirtg
hrhien . d6Cumentati6n of ptofocted Ji roiirtdwater use ln the confaminafed areW hase'd ~chtt.ent
stat~ fii:_lo ;caI gch,erninent plann1rtg eff01ts: the technical basis for ihe tequesi i and diii binet
tnformation re cfuesfod hY_ the Ditectdr to thoroughly evaluate the re tj uesL In ~ddiHon: ~
pei:S<>h fuakHi g the reg11esi mhst [e'mon'sttate. to the satfsfaction of the Direciot2
fl) that alt sources of contarninatfon and free product have been reinoved Qt
controlled buisuant fo Paragraph ill_ of this Rule;
(2) that the cotifami'hant has ihe c'apacityt~grade 01' att~nuat~ under th1
site-s pecific conditions:
Qi that the Hrrfo and direction of tontaminant travel can be predic~ted with t¢as6nabl¢
certa.iritv·;
fil that COilt~rnitHin't midl~ation wi'n not resuH in anv violation of appltc~bf~
gf:cnfridwater standai·ds ai adv existin g or foreseeable reCeptor~
{5) that contarninaiits haVe not and will not migrate onto ad jacent properttgs': &r thit
tA) such properties are served bv an existing public water suppl-v syst6m
dependeilt oti surface waters or hvdraulicallv isolated groundw.ate£ tit
(B) the owned of such properties have consented in writin g to the request!
(6.) that. if the coritam1narit plume .is ex pected to interce pt surfaCe wat~rs:J th~ .....
c.roundwater discharge will not possess contaminant conceritratlohs that Wobl'd
result iri violafions of standards for surface waters contained in
15A NCAC 2B .0200;
ffi that the person fuakin g the request will put in place a !!roundwater monitotin ri
program sufficient to track tlie degradation and attenuation of con.taminants and
contaminant by~_products within and down irr adient of the plume and to detect
contaminants and contaminant by-products prior to their reachin g ariy ¢X:isiing qr
foreseeable receptor at least orie year's time of travet upgradieni of the te$¢ptgt
and no greater than the distance the groundwater at the contaminated gHe fs
. predicted to travel iri five years ;
('8) that an Ilecessary abcess agreements needed to monitor groundwafot gj.{ai'Hv P~r;tIJ
,.int to Subparagraph (7) of this Rule have been or can he obta111ed~
f9) that buhlic fi oHce of the ftgti¢~f has been provided in accordance w'itll RW~
. :o114 (b ) of this Subchapter; fuid
{10) that the proposed cocrectiv~ action plan wowd be consistent with ail airier
',environmerttal laws{ ---------------------------------------------------------------------------------------------------------------·····•·-ffui:~~~~~:=i~~~-:&i~~~-;i6~-~t~-~~;-=t~;~6~~:i~~~r;;j-~~~-i~~-;~~:~~:t~:.~~~;;~~~J~~~~~~i1~J~-;it~:~~-:-:-:.~-
pfah for a tion~perinitte4 site pursuant to this Rule may request that the Director app~r.~
minatfon of cofrective action'. .
ft j A t~que'st submitted to the Dir~cihr undet this Paragraph shall irtthide ~
(A).~--. ~-~sc,i.issio~ 6f the durati~h o! the . COITective acti?°-; t~e tota.~ pioi~~!'# .?1~t{
pro1ected annual cost for contmuance and evaluation of the success of the
cdrrectfre actioff;
CB) ari evaltiation of alte111ate treatrrient technol~gies whichcould resulHti further
redi.iction of coniaminant levels projected capital and annual opeiati11st cost's f.ot
each technology;
(C) effects~ includin g health and safety im pacts . on groun.dwater users {f t(mtarrii4
. nant levels remain at levels existin 2: at the time correcifrve act1on ili_ iertninatedi
arid --, : . . , ~-, . . ... ..· ~-•/~---'.. ·•-~
fill_ any other infom1atiori req uested QY.. the Director to thoroughlv evaluate th e
req uest:
(2) In addition~ the person making the l·eguest must demonst1:ate to the satisfaction: bf
the Directori
(A) that continuation of ccirrective action would not result in !!_Si gnificaht redtictl6ri
in the concentration of contaminants (At a minimum this demoristratfoh iiiu st
show the duration and degree of success of existin g temedial efforts to attaifi .
standards and include a showing that the asymptotic slope of the. contam1Hattts curve of decontamination is less than a ratio of 1:40 ovet a term of one ve~
based on quaiierlv sampling);
IBl that contaminants have not and will not migrate onto adjacent properties.% or that IB 7uch prope1i~e-s are served by an existing public water supply system
de pendent cm smface waters or h vdraulicallv isolated g roundwatek hr
(ii) the owners of such properties have consented in writing fo the request ~
(C) that, if the contaminant plumes ex pected to interce pt surface watei:s; (he ....
c roundwater discharge will not possess contaminant concentrations that would
result in violations of standards for surface waters contained in
15A NCAC 2B .0200· .--~ .-=·. . . ···.,.
@that public notice of the re quest has been provided in accordance with
Rule .0114(b) of this Subchapter: and
IBl_ that the proposed te1mination would be consistent with all othe1: envitonmentai
laws.
{3) The ~ctor shall not authorize termination of co1Tective action for any .area that ~
at the time the request is made, has been identified bv !!_State or local groundwate'r
·----~~ _p_l_al!ni_~R _e :?~~~-~X?!.!~-~◊-~r~e-~ev:~~?e ~e-~!: ____ -. --··-·-. --· ---· -·. ·-----·---. -·-· -
~-~=~= :=~~ ~ =~: == ~: ~=~: ~=~= ~-:~ :;=~: ~ = ~= ~=~~ ~~~~~=~=r~~ ~: ~= ~=~= ~=~~ ~~ ~ -~~= ~=~: ~= ~= ~=~~~=~~ ~=;= t~ ~ ~ ~~ ~=~~ ~= ~~~ ~ ~~ ~=~= ~=~-~=~: ~~=: ~ ~~-:~~= ~= i= ~ =: ~ : .. ;: ~~~-~= ~= ~= ~-~~~-~ ~~~~=~ =~=: = ~=~ -. --~ :t~ ~ ~=~~~=~= ~=~: ~~~= r~= ~=~= ~-
~ The Director may authorize the-discontinuance ef remedial action re-restore
grouRdwater quality -te-the--1-e-rel-efthe-staRdard t:tptm-a demonstratioR by-the-re-
sponsible paFty--te-the-Director that eontiRuaRce v,rould oot-resttlt-tti signifieaflt re-
duction i-n-the-eoReentration ef contaminants . In the-consideration ef a-request -t-o
discontinue remedial actions, the Director -sh-aH consider the duration ftlffi-degree ef
success ef remedial efforts, the-feasibility efethef treatment techniques Wftteft
eettkl-resttlt-m further reduction of contaminant levels, ftfld.Hrc-effeet-oo groundwa
te-f-usefS-if contaminants remain ftt--1-evets existing at-the-ti-me-ef termination ef
remedial action. the te1mination of _____ co1Tective action, or amend the coJTective
action plan after considering all the infonnation in the request. Uoon termination of
conective action, the Difectof. shall requite ii:n plemerifatioh of a groundwater moni-
toring program :~\;~t~:~~\\;~: sufficient to track the degradation and attenuation of
contaminants at a location of at least one year's predicted: time of travel upg:radient
of any existin rr or foreseeable recep tor. The monitorin g program shall remain in
effect until there is sufficient evidence that the contaminant concentrations have
been reduced to the level of the standards.
1.!!.}ff) Upon a determination by the Director that continued remedial coITective actions ac-
tion would result in no significant reduction in contaminant concentrations, the-responsible
pttrty-ffiftl-1 petitioH fer-a-variaHce er-a reelassificatiofl of-the-impacted groundvtaters. and the
tontarrtiriated ~=~~~~~~~{) groundwaters can be rendei·ed ~=:~}=f ~= potable ]2_y_ treatment using readily
available and ~~~~~micall reasonable technologies :=:It;~r . the Director may desi gnate the
remaining_ area of de c.raded groundwater RS. Where the remaininc de l.!raded !.!foundwaters
cannot be made potable .!2_y_such treatment. the Director mav consider a request for reclassifi-
cation of the grouridwater to a GC classification as outlined in Rule ,020 f
(o) If at @Y. time the Director determines that a new technolo l!v is available that would
remediate the contaminated groundwater to the standards specified in Rule .0202. the Director
may require the res ponsible pa,tv to evaluate the economic and technolo aical feasibili'f v of
implementin g the new technology in an t:~:=:~~:~:~:~;~:~:=:~;:==-~: active 0:roundwater con-ective action plan
in accordance with ~schedule established bv the Director. The Director's dete1mihation fu
utHize new technology at any site or for anv paiticular constituent shall include a 6on'sider-:
ation of the factors in Rule .0106(h}.
(p,}fg-} Where groU:Hd,~yeyrer quality standards are exceeded as a result of the application of
pesticides or other agricultural chemicals, the Director shall request the Pesticide Board or the
Depaitment of Agriculture to assist the Division of Environmental Management in determining
the cause of the violatiori. If the violation is determined to have resulted from the use of pes-
ticides, the Director shall request the Pesticide Board to take appropriate regulato1y action to
control the use of the chemical or chemicals responsible for, or contributing to, such viola-
tions, 01; to discontinue their use.
fil the approval pursuant to this section .0106 of any corrective actio"n plan. dr modiftca~
tion or te1mination thereof. which permits the migration of a contaminant onto adf;6eni prdp~
~ shall not affect any: private right of action bv anv ~ which may be effected !;&_ that
contamination
History Note: Statutmy Authority G.S. 143-215.2; 143-215.3(a)(l); 143B-282;
Eff. August 1, 1989.
Amended Eff. October _L_ 1993; September 1, 1992
15A NCAC 2L .0107 has been amended with changes as published in 7:24 NCR 2676-2677
as follows:
.0107 COMPLIANCE BOUNDARY
(a) For disposal systems individuall y permitted prior to December 30, 1983, the compli-
ance boundary is established at a horizontal distance of 500 feet from the waste boundary or
at the property boundary, whichever is closer to the source.
(b) For disposal systems individuall y pe1mitted on or after December 30, 1983, a compli-
ance boundary shall be established 250 feet from the waste boundary, or 50 feet within the
prope1iy bounda1y, whichever point is closer to the source.
(c) The boundaly shall be established by the Director1...or his desi rr nee at the time of pennit
issuance. Any sale or transfer of property which affects a compliance boundary shall be re-
pmied immediately to the Director1... or his desi !mee. For disposal systems which are not gov-
erned by Paragraphs (e) or (f) of this Rule, the compliance boundaiy affected by the sale or
transfer of property will be re-established consistent with Paragraphs (a) or (b) of this Rule,
whichever is applicable.
(d) Exce pt as provided in Paragraph {gl_ of this Rule,fef-disposal systems permitted 0f
repermitted ttftei-Januat)' -l,-l-9-93-; no water supply wells shall be constructed or operated with-
in the compliance boundaiy-: of a dis posal system individuall v pe1mitted or re pe1mitted after
Januarv .L_ 1993.
(e) Exce pt as provided in Para gra ph .(g}_of this Rule. Fer-disposal :;ystems permitted er
repermitted aftei· Januat)' -l,-l-9-93-; a pennittee shall not transfer land within an established
compliance bounda1y of~ dis posal system permitted or re pennitted after January .L.. 1993 un-
less:
(1) the land transfe1Ted is serviced by a community water system as defined in 15A
NCAC 18C, the source of which is located outside the compliance boundary; and
(2) the deed transfeITing the prope1iy:
(A) contains notice of the permit, including the permit number, a description of the
type of permit, and the name, address and telephone number of the permitting
agency; and
(B) contains a restrictive covenant nrnning with the land and in favor of the pe1mit-
tee and the State, as a third pa1ty beneficiary, which prohibits the construction
and operation of water supply wells within the compliance bounda1y; and
(C) contains a restrictive covenant running with the land and in favor of the pe1mit-
tee and the State, as a third party beneficiaiy, which grants the right to the per-
mittee and the State to enter on such prope1iy within the compliance boundary
for groundwater monitoring and remediation purposes.
( t) Except as provided in Paragraph {ii_ of this Rule, if at the time a pe1mit is issued or
reissued after January 1, 1993, the permittee is not the owner of the land within the compli-
ance bqunda1y, it shall be a condition of the pennit issued or renewed that the landowner of
the land within the compliance boundaiy, if other than the pennittee, ~-~-:-:-;.!-~-~-~-!-).(.~-~-:-~-:-~-!-~~-~-!-execute
and file in the Register of Deeds in the county in which the land is located, an easement tun-
ning with the land which:
( l) contains:
(A) either a notice of the permit, including the pe1mit number, a descdption of the
type of permit, and the name, address and telephone number of the pe1mitting
agency; or
(B) a reference to a notice of the pennit with book and page number of its rccorda-
tion if such notice is required to be filed by statute;
(2) prohibits the constmction and operation of water supply wells within the
compliance boundary; and
(3) reserves the 1ight to the pe1mittee and the State to enter on such property within
the compliance boundary for groundwater monitoring and remediation purposes.
The easement may be te1minated .!2Y_ the Director when its purpose has been ful
filled or the need for the easement no longer exists . Under those conditions the
~~sh~H. upori r~est hY_the landowner. ~~==~::::r::~~:= file ·a
4g{~Wf~-~-/~~finatirtg .the easement with the appropriate Re uister of Deeds.
(g) The re q uirements of Paragraphs (d). {tl_and ffi. of this Rule are not applicable to
ground adso1 p tion treatment s stems servin l.! four or fewer single familv dwellin gs or
multiunit dwellin gs of four or fewer units.
1.!!1® The bounda1y shall form a ve1iical plane extending from the water table to the
maximum depth of saturation.
{.i_}fftj For ground absorption sewage treatment and disposal systems which are pe1mitted
under 15A NCAC 18A .1900 , the compliance boundaiy shall be established at the prope1ty
boundaiy.
{j}ftj Penalties authorized pursuant to G.S. 143-215.6A(a)(l) will not be assessed for vio-
lations of water ~~:~~~}I ~ ql:1tt-.lity standards within a compliance bounda1y unless the violations
are the result of violations of pennit conditions or negligence in the management of the
facility .
.Llili:i-} The Director shall require:
(]) that pe1mits for all activities go verned by G.S. 143-215 . I be w1itten to protect the
quality of groundwater established by applicable standards, at the compliance
boundary;
(2) that necessary groundwater quality monitoring shall be conducted within the
compliance boundary; and
(3) that a violation of standards within the compliance boundary resulting from
activities conducted by the permitted facility be remedied through clean-up,
recovery, containment, or other response when any of the following conditions
occur:
(A) a violation of any standard in adjoining classified waters i_rroundwaters occurs
or can be reasonably predicted to occur considering hydrogeologic conditions,
modeling, or other available evidence;
(B) an imminent hazard or threat to the public health or safety exists; or
(C) a violation of any standard in groundwater occmTing in the bedrock other than
limestones found in the Coastal Plain sediments:.i.. unless it can be demonstrated
that the violation will not adverselv affect, or have the potential to
adversel v affect a watersupply well.
History Note: Statutory Authority G.S. 143-215.l(b); l43-'2l5.3(a)(l); l43B-282;
Eff. August 1, 1989.;
Amended Eff. October _L_ 1993; November 2, 1992
. . .
15A NCAC 2L .0109 has been amended with changes as published in 7:24 NCR 2677 as fol-
lows:
.0109 DELEGATION
(a) The Director is delegated the authority to enter into consent special orders under G.S.
143-215.2 for violations of the Wfttef t~;~~~~:~~~=~~~;~~t~~~§:~~ qa;aj'hi standards except when a public meet-
ing is required as provided in 15A NCAC 2H .1203.
{b) The Director is delegated the authority to prepare a proposed special order to be is.;;
sued by the Commission without the consent of the person affected and to notify the affected
person of that proposed order and of the procedure set out in G.S . lS0B-23 to contest the
proposed special order.
(c) The Director.!...or his desi unee shall give public notice of proposed consent special or-
ders as specified in 15A NCAC 2H .1203.
Histoty Note : Statutoty Authority G.S . 143-215.2; 143-2 l 5.3(a)(l); 143-2 l 5.3(a)(4);
Eff. August 1, 1989;
Amended Eff. October 1. 1993; October 1, 1990 .
I I
15A NCAC 2L .0110 has been amended as published in 7:24 NCR 2677 as follows:
.0110 MONITORING
(a) Afly-pCrson subj eet te-the-provisioHs o?&.-8:-143 215. l Except where exempted QY
statute or this Subcha pter. ~ person who causes, permits or has control over any discharge
of waste, or groundwater cleanu p program. shall install and im plement a monitoring system, at
such locations, and in such detail, as the Directorl... or his desi gn ee may require to evaluate the
effects of the discharge upon the waters of the state, including the effect of any actions taken
to restore groundwater quality , as well as the efficiency of any treatment facility. The moni-
t01ing plan shall ~ prepared under the res ponsible charge of a Professional En g ineer or Li-
censed Geolo l!.ist and bear the seal of the same.
(b) Monitoring systems shall be operated constrncted in a manner that will not result in
the contamination of adjacent groundwaters of a higher quality.
( c) Monitoring shall be conducted and results reported in a manner and at a frequency
specified by the Director.:... or his desi !mee.
Histoty Note: Statuto1y Authority G.S . 143-215 .l(b); 143-215.3(a)(l); 143-215.65;
143-215 .66; 143B-282;
Eff. August 1, 1989.
Amended Eff. October .L_ 1993;
I> ..
15A NCAC 2L .0111 has been amended with changes as published in 7:24 NCR 2677-2678
as follows:
.0111 REPORTS
fill Any person subject ffi-tfte provisions ef..&.&: 143 215.1 ftfltl to the requirements for
corrective action specified in Rule .0 I 06 of this Subchapter shall submit to the Director, in
such detail as the Director may require, a wiitten repo1t that desc1ibes:
( 1) _ there~~lts of the investigation specified in Paragraphs {c} and (g1 (21({} ~~
(.1;))(7)ffi) of Rule .0106, including but not limited to:
{A}fttj a description of the sampling procedures followed and methods of
chemical analyses used; and
@}faj all technical data utilized in support of any conclusions drawn or
dete1minations made.
(2) the results of the predictive calculations or modeling, including a copy of the
calculations or model rnns and all supporting technical data, used in the
demonstration required in Paragraph @ (p)(;}(,h,) of Rule .0106; and
(3) the proposed methodology and timetable associated with the re:,toration of ~round
~ quality con-ective action for those situations identified in Paragraphs {c) 1md
fil} (p)(H ~,4 fe)(f}(~) of Rule .0 I 06.
{hl The report shall be prepared under the res ponsible charge of a Professional En l!ineer or
Licensed Geolol!ist and bear the seal of the same as s pecified in Rule .0 I 06 @} r~:~}=~;~~~ .:.
Histo1y Note: Statutoiy Authmity G.S . 143-215 .l(b); 143-215.3(a)(l); 143-215.65;
l 43B.:.282;
Eff. August I, 1989.
Amended Eff. October .L_ 1993;
r'
15A NCAC 2L .0112 has been amended with changes as published in 7:24 NCR 2678 as
follows:
.0112 ANALYTICAL PROCEDURES
Tests or analytical procedures to detennine compliance or noncompliance with the Wfttef
:~:~=~:~=~:~=~:~=~:~=~:~~:~=~:~: qu~iiW standards established in Rule .0202 of this Subchapter will be in accordance
with:
( 1) The most. sertsitivd of the. following methods or procedures for.· substances where the
standard fs .it or &bove the ~~J~~Y9~ meths>4 9i-pJ9,9,gq.u,t~x Pisii14~-~ ~ method detection
limit value:ttt-~less tfum-the st~·d:
(a) The most ieceitt ver;ion pf St~~dard ~M~tho<:1$ for the Examination of Water and
Wastewater, +6th-~~~=~~~~~~~~~~~~~ ~t~9H~ }?~-$ I~~:~~~~r~ published jointly by American Public
Health Association, American Water Works Association and Water Pollution
Control Federation;
(b) Methods for Chemical Analysis of Water and Waste, 1979, U.S. Environmental
Protection Agency publication number EPA-600/4-79-020, as revised March 1983;
(c) Test Methods for Evaluating Solid Wastes: Physical/Chemical Methods, 3rd Edi
tion, 1986, U.S. Environmental Protection Agency publication number SW-846;
(d) Test Procedures for the Analysis of Pollutants Under the Clean Water Act, Federal
Register Vol. 49, No. 209, 40 CFR Part 136, October 26, 1984;
(e) Methods or procedures approved by letter from the Director upon application by
the regulated source,;_ or
(2) A method or procedure approved by the Director for substances where the standard
is less than the ttmi+-ef deteeta:bility_ method detection limit vah.i'e.
History Note: Statutory Authority G.S. 143-215.3(a)(l); 143B-282;
Eff. August 1, 1989
Amended Eff. October L 1993;
15A NCAC 2L .0113 has been amended with changes as published in 7:24 NCR 2678-2680
as follows:
.0113 VARIANCE
(a) The Commission, on its own initiative or pursuant to a request under G.S.
143-215 .3(e ), may grant variances to watei· quality staHdards attti-the-eomplianee boundary.
the rules of this Subchapter. · Persotts subject ttH-he-provisioHs ef-G:&-130A 294 may-apply
fef-tt-v aria Hee under thts-S eetion.
(b) Requests for variances are filed by letter from the applicant to the Environmental
Management Commission. The application shall sh~ulc.l be mailed to the chaimian of the
Commission in care of the Director, Division of Environmental Management, Post Office Box
27687, 29535 Raleigh, N.C. HM+ 27626-0535.
(c) The application .shall s~oµl_d contain the following information:
( 1) Applications filed by counties or municipalities must include a resolution of the
County Board of Commissioners or the governing board of the municipality
requesting the variance~ ffeffl-Wfttef ;~;:~~;~~~;:~~~~~ quality ~~tl_ndard,~ ythf.aj} af!tthi
~Hte-~fflr \yµicli ~y~aaee i5 fCqu~~ted.
(2) A description of the past, existing or proposed activities or operations that have or
would result in a discharge of contaminants to the groundwaters.
(3) Description of the proposed area for which a variance is requested. A detailed
location map, showing the orientation of the facility, potential for groundwater
contaminant migration, as well as the area cowred by the variance request, with
reference to at least two geographic references (numbered roads, named
streams/rivers, etc.) must be included.
(4) Supp01iing info1mation to establish that the variance will not endanger the public
health and safety, including health and environmental effects from exposure to~
groundwater contaminants. (Location of wells and other water supply sources
including details of well constmction within 1/2 mile of site must be sho\\-n on a
map).
(5) Suppo1iing infotmation to establish that re quirements of this Rule s:fftllci_w4~ cannot
be achieved by providing the best available technology economically reasonable. ·
This info1mation must identify specific technology considered, arid the cosis or
im plementin g; the technology and the impact of the costs on the applicant qhang9$
jfi-qualit)· et-the eontaminaf!t plume as-demonstrated through predietiv¢ Q!!\@iilmi~~
ttppro;ted by-$:e _ ;bireetor; and tcclmologie~l eoo:straint~ '.Yhi~h µ_~t, fiii~i ~i~~Is:;~;
f{)~tol:~iqn ftr il,:te. ~t:tf-~ struidaftl
(6) Suppotiing information to establish that compliance would produce serious
financial hardship on the applicant.
(7) Suppo1iing info1mation that compliance would produce serious financial hardship
without equal or greater public benefit.
(8) A copy of any Special Order that was issued in connection with ~ contaminants
in the proposed area and supporting information that applicant has complied with
the Special Order.
l > f
(9) A list of the names and addresses of any propeiiy owners within the proposed area
of the variance as well as any prope1iy owners adjacent to the site covered by the
variance.
(d) Upon receipt of the application, the Director will review it for completeness and re-
quest additional infonnation if necessary. When the application is complete, the Director shall
give public notice of the application and schedule the matter for a public hearing in accor-
dance with G.S. 143-215.4(b) and the procedures set out belew in Paragraph hl_of this Rule.
(e) Notice of Public Heating.
( 1) Notice of public hearing on any variance application shall be circulated in the
geographical areas of the proposed variance by the Director at least 30 days prior
to the date of the hearing:
(A) by publishing the notice one time in a newspaper having general circulation in
said county;
(B) by mailing to the No1ih Carolina Depa11ment of Human_Environment, Health,
and Natural Resources, Division of Health Services, Environmental Health and
appropriate local health agency;
(C) by mailing to any other federal, state or local agency upon request;
(D) by mailing to the local governmental unit or units having jurisdiction over the
geographic area covered by the variance;
(E) by mailing to any property owner within the proposed area of the variance, as
well as any property owners adjacent to the site covered by the variance; and
(F) by mailing to any person or group upon request.
(2) The contents of public notice of any hearing shall include at least the following:
(A) name, address, and phone number of agency holding the public hearing;
(B) name and address of each applicant whose application will be considered at the
meeting; .
(C) brief summary of the prgp.Q,!1~.4 stfl;fl<i:ti,aj variance request;· er modification of
the-perimeter ef compliance betttg requested;
(D) geographic description of a proposed area for which a variance is requested;
(E) brief description of the activities or operations which have or will result in the
discharge of contaminants to · the groundwaters described in the variance
application;
(FJ a brief reference to the public notice issued for each variance application;
(G) infonnation regarding the time and location for the hearing;
(H) the purpose of the hearing;
(I) address and phone number of premises at which interested persons may obtain
further info1mation, request a copy of each application, and inspect and copy
forms and related documents; and
(J) a brief description of the nature of the hearing including the rules and
procedures to be followed. The notice shall also state that additional informa-
tion is on file with the Director and may be inspected at any time during
no1mal working hours. Copies of the information on file will be made
available upon request and payment of cost or reproduction .
(t) All comments received within 30 days following the date of the public hearing shall
be made pait of the application file and shall be considered by the Commission prior to taking
final action on the application.
(g) In determining whether to grant a variance, the Commission shall consider whether the
applicant has complied with any Special Order, or Special Order by Consent issued under
G.S. 143-215.2.
(h) If the Commission's final decision is unacceptable, the applicant may file a petition for
a contested case in accordance with Chapter 150B of the General Statutes. If the petition is
not filed within 60 days, the decision on the variance shall be final and binding.
(i) A variance shall not operate lis ~ a defense to an action at law based upon a public or
private nuisance the01y or any other cause of action.
Histoty Note: Statutory Authority G.S. 143-215.3(a)(l); 143-215.3(a)(3);
143-2 l 5.3(a)(4); 143-215.3(e); 143-215.4;
Eff. August 1, 1989.
Amended Eff. October .1._ 1993;
15A NCAC 2L .0114 has been adopted with changes as published in 7:24 NCR 2680 as fol-
lows:
.0114 NOTIFICATION REQUIREMENTS
W Any person subject to the requirements of Rule .0106( c) t~==~~ of this Subchapter shall
submit to the local Health Director:~:~=~=~=~:~=-:-~-~:~=~:;~:~=~=~= ,_and the chief administrative officer of the po-
litical jurisdfotions in which the l!roundwater contamination has occmTed. a report that de-
scribes:
ill The area extent of the contaminant plume;
ill The chemical constituents in the irroundwater which exceed the standards desc1ibed
in Rule .0202 of this Subchapter:
ill Actions taken and intended to mitil!ate threats to human health;
ill The location of~ wells installed for the purpose of monitoring the contaminant
plume and the frequency of sampling .
The repoti described in this Rule shall be submitted no later than five ~orkirif! days
after submittal of the completed repo1i assessing the cause. significance and extent of the
violation as required !2.Y_Rule .0106(c) .
.. ___ (~_L~1!)'_p~rS?~-~h_<?_s~b~iJ~ ~l~~g_uest ~~~-~~!-~ -~~-1-~~J~} _m,_~~j~)
-=--:-:-:-:::-:==-=-=-=-=~-:-:.:~~-=-=-=-=-=~-=-:-:-:.:-:.:-:.:-:.:-:.:-:.:-:.: ====-=======~=== =·=-=-=-=-=-:::-:.:-:.:-:-=-=-=-=-=-=-=-:-:-:-.-=-~-=-=-=-:-~-=-:::_ ~h~ii -~~ti-fy-th~ -l~c~l--H~~-Ith-Dit:~~t~-;~~~~~~~~~~~~~~:\~c --~~d-th~-~hi~f-~d~i-~i~t~ative officer of the polit-
ical jurisdictions in which the contaminant plume occurs. and all property owners and It:
occupants within or contiguous to the area underlain !2.Y_ the contaminant =:=~=:=~=:=~=:·'==~=~}
plume, and under the areas where{~:=~~===\=~=~=') it is expected to migrate. of the nature of the re-
quest and reasons suppo1iing it. Notification shall be made bv ce1iified mail concutTent with
the submittal of the request to the Director. A final decision bv the Director shall be post; .
pone<l for a period of t ~=I I=t~~t:~~:F~}j:f~~~~:==t~@~I ~j N_ davs tf: following receipt of the request §2
that the Director ~ consider comments submitted !2.Y_ individuals interested in the request:
(c )Anv person ~JI~Ii I~~ whose request under Rule .0106 (k ). D1_ or fu!l_ lS granted by the
Dirt(;tor -:-r:-:-~-=-~:r~r :-/:_~-:-~~~{~~~-~\-~-r~-r~-:-:-~-/:-:\-~~-: ~-: :-: r:· ~-~ff=-~~-~-:\-:'. -,-=~:-~_:_:_:~\\_:_r:-r{=-~-~-:-~ ~-~-:-~~g:
shall notify paities specified in Paragraph (b) of this Rule of the Director's decision. Notifica-
tion shall be made by ce1iified mail within 30 days of receipt of the Director's decision.
History Note: Statut01y Authority G.S. 143-214 .1; 143-215.3 (a)( l ): 143B-282(2)b:
Eff. October _L_ 1993;
t
.0200 -CLASSIFICATIONS AND GROUND.WATER \ll,~~TpR QUALITY ST AND ARDS
15A NCAC 2L .0201 has been amended with changes as published in 7:24 NCR 2680-2681
as follows:
.0201 GROUNDWATER CLASSIFICATIONS
The classifications which may be assigned to the groundwaters will be those specified in
the following series of classifications:
( 1) Class GA waters l!roundwaters ; usage and occurrence :
(a) Best Usage . Existing or potential source of drinking water supply for humans.
(b) Conditions Related to Best Usage . This class is intended for those groundwaters
in which chloride concentrations are equal to or less than 250 mg/I, and which are
considered suitable for drinking in their natural state, but which may require
treatment to improve quality related to natural conditions.
(c) Occtmence . In the saturated zone .
(2) Class GSA waters groundwaters; usag e and occurrence:
(a) Best Usage. Existing or potential source of water supply for potable mineral water
and conversion to fresh waters.
(b) Conditions Related to Best Usage. This class is intended for those groundwaters in
which the chloride concentrations due to natural conditions is in excess of 250
mg/I, but which otherwise may be considered suitable for use as potable water after
treatment to reduce concentrations of naturally occun-ing substances.
( c) Occurrence. In the saturated zone.
(3) Class GC ·.vaters l!roundwaters: usage and occurrence:
(a) Best Usage . The best usage of GC groundwaters is as a Source source of water
supply for purposes other than drinking.L including other domestic uses bv humans.
(b) Conditions Related to Best Usage . This class includes those groundwaters that do
not meet the quality criteria ef.·.vaters haviAg a higher dassifieati0f1 for GA or
GSA Q'roundwaters of \Vaters Raviflg 1rhi!;her classification and for which efforts to
restore in situ te-a-high~r elassifieation im prove 12:roundwater quality would not be
technologically feasible, or not in the best interest of the public . Continued
consum ption of waters of this class bv humans could result in adverse health
affects .
(c) Occun-ence . Groundwaters of this class mav be defined -lfl--the saturated WHe;
ftS detetmined by the Commission pursuant to Section .0300 on a case by case
basis.
History Note: Statutory Authority G.S. 143-214 .1; 143B-282(2);
Eff. June 10, 1979;
Amended Eff. October I. 1993 ; August 1, 1989; September 1, 1984;
December 30, 1983 .
,. ,.
15A NCAC 2L .0202 has been amended with changes as published in 7:24 NCR 2681-2683
as follows:
.0202 WATER GROUNDWATER QUALITY STANDARDS
(a) The water g roundwater quality standards for the protection of the groundwaters of the
state are those specified in this Rule. They are the maximum allowable concentrations result-
ing from any discharge of contaminants to the land or waters of the state, which may be toler-
ated without creating a threat to human health or which would otherwise render the groundwa-
ter unsuitable for its intended best usage. 1.1lhere groundvtater quality standards ruwe--been
exceeded ~te man's actiYities, restoflttion efforts sh-ftH---ee designed te-restore groundwater
quality te-the-le¥el-ef-the standard eras-closely thereto as-is-practicable.
(b) The maximum allowable concentrations groundwater qualit v standards for contami-
nants specified in Paragraphs (g) and (h) of this Rule shall be as listed, except that:
( 1) Where the maximum al101vvable concentration ef standard for a substance is less
than the -1-i-mt-t-of detectability practical q uantitation limit , the substance sh-a-H-ftOt---be
permitted m-detectable eoncentrntions. detection of that substance at or above the
practical quantitation limit shall constitute a violation of the standard.
(2) Where two or more substances exist in combination, the Director shall consider
the effects of chemical ·interactions _ as determined J2y_ the Division of Epidemiology
and may establish maximum concentrations at values less than those established in
accordance with Pai"agraphs (c) and (g) of this Rule. In the absence of info1mation
to the contra1y, the carcinogenic risks associated with carcinogens present shall be
considered additive and the toxic effects associated with non-carcinogens present
shall also be considered additive .·
(3) Where naturally occurring substances exceed the established standard, the standard
will be the naturally occun-ing concentration as determined by the Director.
(c) Except for tracers used in concentrations which have been determined .QY_ the Division
of Epidemiology to be protective of human health. and the use of which has been permitted
J2y_ the Division. Substa:A:ees substances which are not naturally occutTing and for which no
standard is specified shall not be permitted in detectable concentrations in Class GA or Class
GSA groundwaters. Any person may petition the Director to establish an interim maximum
allowable concentration for an unspecified substance, however, the burden of demonstrating
those concentrations of the substance which correspond to the levels desc1ibed in Paragraph
(d) of this Rule rests with the petitioner. The petitioner shall submit ~ relevant toxicological
and epidemiological data, study results, and calculations necessary to establish a standard in
accordance with the procedure prescribed in Paragraph (d) of this Rule. Within three months
after the establishment of an interim maximum allowable concentration for a substance by the
Director, the Director shall initiate action to consider adoption of a standard for that substance.
(d) Maximum all01vvable concentrations Groundwater quality standards for substances in
Class GA and Class GSA watet:s groundwaters are established as the lesser of:
(I) Systemic threshold concentration calculated as follows: [Reference Dose
(mg/kg/day) x 70 kg (adult body weight) x Relative Source Contribution (.10 for
inorganics; .20 for organics)] / [2 liters/day (avg. waterconsurnption)];
(2) Concentration which corresponds to an incremental lifetime cancer 1isk of lx10-6;
(3) Taste threshold limit value;
,.
~ 1,2-dichloroethane (ethylene dichloride): 0.00038
(26)~ 1, 1-dichloroethylene (vinylidene chloride): 0.007
~ 1,2-dichloropropane: 0.00056
.G.fil_di-n-but vl {or dibut l ) phthalate <DBP ): 0.7
.G.2.)_dieth v l phthalate (DEP): 5.0
QQldi{2-ethvlhexvl ) phthalate (DEHP): 0.003
~ p-dioxane (1,4-diethylene dioxide): 0.007
~ dioxin: 2.2 x 10·10
~ dissolved solids (total): 500
~ endrin: 0.0002 0.002
~ epichlorohydrin (l-chloro-2,3-epoxypropane): 0.00354
~ ethylbenzene: 0.029
·Ll.1.}B±J ethylene di bromide (EDB; 1,2-dibromoethane): ~;'t-~ 4.0 ~ I 0·7
Qfil831 ethylene glycol: 7.0
Q2lf34i fluoride flouride: 2.0
~ foaming agents: 0.5
~ gross alpha (adjusted)particle activity (including radium 226 hut excluding
ftldoo radium-226 and uranium): 15 pCi/1
~ heptachlor: f:6-~-1-G-§. 8.0 ~ 10·6
~ heptachlor epoxide: 3-¾;'t-~ 4.0 ~ I o-6
tl11.he ptane: 2.1
~ hexachlorobenzene (perchlorobenzene): 0.00002
~ n-hexane: -l-43 0.42
BTh4Biron: 0.3
(48")fe:j lead:~ 0.015
~ lindane: 2-:M-~~ 2.0 x 10-4
~ manganese: 0.05
ii!}f4§-) mercury: 0.0011
~ metadichlorobenzene (l,3-dichlorobenzene): 0.62
~ methoxychlor: 0:4-0.035
~ methylene chloride (dichloromethane): 0.005
~ methyl ethyl ketone (MEK; 2-butanone): 0.17
~ methyl tert-butyl ether (MTBE 1: 0.2
~ nickel: ~ Ql
~ nitrate: (as N) I 0.0
~ nitrite: (as N) 1.0
(60)f§4, orthodichlorobenzene ( 1,2-dichlorobenzene): 0.62
~ oxamyl: 0 .17 5
~ paradichlorobenzene (1,4-dichlorobenzene): 0.0018 0.075
~ pentachlorophenol: ~ 0.0003
~ pH: 6.5 -8.5
~ radium-226 and radium-228 ( combined): 5 pCi/1
(66)f6G-} selenium: {}-;-0-1-0.05
~ silver: ~ 0.018
~ styrene (ethenylbenzene): -l-:4-~M~ Ql
~ sulfate: 250.0
.CTQ2f647 tetrachloroethylene (perchloroethylene; PCE): 0.0007
fl.!JfM-J toluene (methylbenzene): 1.0
~ toxaphene: 3 .1 x 10-5
.(Illi6=A 2, 4, 5,-TP (Silvex): G-:G-1-0.05
(74)f-68:} trans-1,2-dichloroethene: 0.07
.(Zl}f69-:} 1, 1, I-trichloroethane (methyl chloroform): 0.2
·~ trichloroethylene (TCE): 0.0028
[[JJ_ trichlorofluoromethane: 2.1
Qfilf7-B vinyl chloride ( chloroethylene ): 1.5 x 10-5
~ xylenes (o-, m-, and p-): M 0.53
~ zinc: :S-:{) bl
(h) Class GSA Standards. The standards for this class shall be the same as those for
Class GA except as follows:
(1) chloride: allowable increase not to exceed 100 percent of the natural quality
concentration.
(2) total dissolved solids: 1000 mg/I.
(i) Class GC Waters_
(l) The concentrations of substances which, at the time of classification exceed Wfttef
quality standards, the standards applicable to Class GA or GSA g roundwaters shall
not be permitted caused to increase.:...nor shall the concentrations of other substances
be caused to exceed the GA or GSA standards as a result of further dis posal of
contaminants to or beneath the surface of the land within the boundarv of the area
classified GC. :FerftH-ethef-substaBees, coBerntrations Sftftl+.oot--be-eaused ef
permitted te-exceed the established sttJ:Hdaro.
(2) The concentrations of substances which, at the time of classification, exceed Wfttef
quality standards SfiftH-fl6t'-~ereontFibute tt=rthe-eontravention of the standards
applicable to GA or GSA groundwaters shall not be caused to mi !!rate .as a result
of activities within the boundarv of the GC classification. so as to violate the
groundwater or smface water quality standards in adjoining waters of a different
class.
(3) Concentrations of specific substances, which exceed the established standard at the
time of classification, shall be listed in Section .0300 of this Subchapter.
History Note: Statutory Authority G.S. 143-214.1; 143B-282(2);
Eff. June 10, 1979;
Amended Eff. October 1. 1993; September 1, 1992; August 1, 1989;
September 1, 1984; December 30, 1983.
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
November 1, 1993
MEMORANDUM:
TO:
THRU:
FROM:
Arthur Mouberry
Carl Bailey tJ/3
.,(l ~ David Hance, .'m
SUBJECT: Change in the effective date of 15A NCAC 2L .0103.
15A NCAC 2L .0103~Policy was objected to by the Rules Review
Commission at their September 19, 1993 meeting. In order for the
Division to meet requirements of G.S. 150B-21.12, the effective
date of Rule .0103 was delayed till November 1, 1993.
Ms. Portia Rochelle, of the Division· of Policy Development, has
informed me that the effective date of this rule has been changed
to November 4, 1993 in accordance with G.S. 150B-21.3
It is requested that those Department of Environment, Health
and Natural Resources employees who are involved in rulemaking,
Federal/State trust funds allocation, review of corrective action
plans, litigation or enforcement of 15A NCAC 2L be informed of the
change in the effective date of this rule. If you have any
questions concerning this change please contact David Hance at
[phone] (ext. 428).
cc: Arthur Mouberry
Carl Bailey
Ted Bush
Dr. Burrie Boshoff
David Hance
Phil Telfer
Don Laton
Don Reuter
Preston Howard
Debbie Crane
Regional Groundwater Hydrogeologists
Director; Division of Solid and Hazardous Waste