Section .0100 ‑ General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 01 - departmental rules/subchapter j/subchapter j rules.html
Published: 2015

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SUBCHAPTER 01J ‑ STATE CLEAN WATER REVOLVING LOAN AND

GRANT PROGRAM

 

Editor's Note:        This Subchapter 01J of Title 15A of

the North Carolina Administrative Code (T15A.01J); STATE CLEAN WATER REVOLVING

LOAN AND GRANT PROGRAM; has been transferred and recodified from Subchapter 3L

of Title 9 of the North Carolina Administrative Code (T09.03L), effective

December 5, 1991.

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

15a ncac 01j .0101        purpose

15a ncac 01j .0102        definitions

 

History Note:        Temporary Amendment Eff. March 8, 1994

for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner (Rule .0102);

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988 (Rule .0101);

ARRC Objection March 17, 1988;

Authority G.S. 159G‑3; 159G‑15;

Eff. August 1, 1988;

Amended Eff. July 1, 1994 (Rule .0102); July 1, 1992

(Rule .0102);

Temporary Amendment Eff. March 31, 1999;

Amended Eff. August 1, 2000;

Repealed Eff. September 1, 2006.

SECTION .0200 ‑ ELIGIBILITY

REQUIREMENTS

 

15a ncac 01j .0201        eligible project costs

15A ncac 01j .0202        grants from the high-unit cost accounts

15a ncac 01j .0203        grants from the general revolving loan

and grant accounts

15a ncac 01j .0204        loans from the emergency revolving loan

accounts

15a ncac 01j .0205        determination of eligibility

 

History Note:        Authority G.S. 159G‑3(4); 159G‑6(a)(2);

159G‑6(b)(2); 159G‑6(b)(3);159G‑6(c)(2); 159G‑6(c)(3);

159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of 180

days or until the permanent rule becomes effective, whichever is sooner (Rule

.0201);

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

RRC Objection due to ambiguity Eff. June 18, 1992 (Rule

.0204);

Temporary Amendment Eff. March 31, 1999 (Rule .0202);

Amended Eff. August 1, 2000 (Rule .0202); July 1, 1994

(Rule .0201); July 24, 1992 (Rule .0204);

Repealed Eff. September 1, 2006.

 

SECTION .0300 ‑ APPLICATIONS

 

15A NCAC 01J .0301        APPLICATION FILING DEADLINES

15A NCAC 01J .0302        GENERAL PROVISIONS

15A NCAC 01J .0303        FILING OF REQUIRED SUPPLEMENTAL

INFORMATION

15A NCAC 01J .0304        APPLICATIONS FOR EMERGENCY LOANS

 

History Note:        Authority G.S. 159G‑6(b)(3); 159G‑6(c)(3);

159G‑8; 159G‑9; 159G-10; 159G‑10(a); 159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner

(Rules .0303 - .0304);

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

RRC Objection due to lack of clarity and concisement in

Paragraph (d) Eff. July 18, 1992 (Rule .0302);

Amended Eff. July 1, 1994 (Rules .0303 - .0304); July 24,

1992 (Rule .0302); July 1, 1992 (Rules .0301 and .0304);

Temporary Amendment Eff. September 24, 1999 (Rule .0301);

March 31, 1999 (Rule .0302);

Temporary Amendment Expired on July 11, 2000;

Amended Eff. August 1, 2000 (Rule .0303); July 1, 1994

(Rule .0304); July 24, 1992 (Rule .0302); July 1, 1992 (Rule .0302);

Repealed Eff. September 1, 2006.

 

SECTION .0400 ‑ CRITERIA FOR EVALUATION OF ELIGIBLE

APPLICATIONS

 

15A NCAC 01J .0401        GENERAL CRITERIA

15A NCAC 01J .0402        CRITERIA FOR PLANNING AND WATER

CONSERVATION

15A NCAC 01J .0403        CRITERIA FOR GRANT INCREASES

 

History Note:        Authority G.S. 159G‑10; 159G‑15;

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988;

Temporary Amendment Eff. March 8, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner

(Rule .0402);

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994 (Rule .0402); July 1, 1992

(.0401);

Temporary Amendment Eff. October 23, 1997 (Rules .0401

and .0402);

Amended Eff. August 1, 1998 (Rules .0401 and .0402);

Temporary Amendment Eff. March 31, 1999 (Rule .0402);

Amended Eff. August 1, 2000 (Rule .0402);

Repealed Eff. September 1, 2006.

 

SECTION .0500 ‑ PRIORITY CRITERIA FOR WASTEWATER

TREATMENT WORKS PROJECTS

 

15A NCAC 01J .0501        WATER POLLUTION CONTROL NEEDS

 

History Note:        Filed as a Temporary Repeal Eff. March 8,

1994 for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Filed as a Temporary Rule Eff. February 2, 1988 for a

period of 180 days to expire on August 1, 1988;

ARRC Objection March 17, 1988;

Authority G.S. 159G‑10; 159G‑15;

Eff. August 1, 1988;

Repealed Eff. July 1, 1994.

 

15A NCAC 01J .0502        APPLICABLE CONDITIONS

15A NCAC 01J .0503        FINANCIAL NEED OF APPLICANT

15A NCAC 01J .0504        FISCAL RESPONSIBILITY OF THE APPLICANT

15A NCAC 01J .0505        PROPERTY ACQUISITION

 

History Note:        Authority G.S. 159G‑10; 159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner

(Rules .0502, .0503, and .0505);

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994 (Rules .0502, .0503, and

.0505);

Temporary Amendment Eff. March 31, 1999 (Rules .0502 and

.0504);

Amended Eff. August 1, 2000 (Rule .0502 and .0504);

Repealed Eff. September 1, 2006.

 

section .0600 – priority criteria for wastewater collection

system projects

 

15A NCAC 01J .0601        PUBLIC NEED

15A NCAC 01J .0602        PUBLIC HEALTH NEED

15A NCAC 01J .0603        FINANCIAL NEED OF THE APPLICANT

15A NCAC 01J .0604        FISCAL RESPONSIBILITY OF THE APPLICANT

 

History Note:        Authority G.S. 159G‑10; 159G‑15;

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988;

Temporary Amendment Eff. March 8, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is

sooner(Rules .0602 and .0603);

Eff. August 1, 1988;

Amended Eff. September 1, 1994 (Rule .0601); July 1, 1994

(Rules .0602 and .0603);

Temporary Amendment Eff. March 31, 1999 (Rules .0601 and

.0604);

Amended Eff. August 1, 2000 (Rules .0601 and .0604);

Repealed Eff. September 1, 2006.

 

15A NCAC 01J .0605        FINANCING OF THE PROJECT

 

History Note:        Filed as a Temporary Repeal Eff. March 8,

1994 for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Filed as a Temporary Rule Eff. February 2, 1988 for a period

of 180 days to expire on August 1, 1988;

ARRC Objection March 17, 1988;

Authority G.S. 159G‑10; 159G‑15;

Eff. August 1, 1988;

Repealed Eff. July 1, 1994.

 

 

 

15A NCAC 01J .0606        PROPERTY ACQUISITION

 

History Note:        Authority G.S. 159G‑10; 159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner;

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994;

Repealed Eff. September 1, 2006.

 

section .0700 – PRIORITY CRITERIA FOR WATER SUPPLY SYSTEMS

PROJECTS

 

15A NCAC 01J .0701        PUBLIC NECESSITY: HEALTH: SAFETY AND

WELFARE

15A NCAC 01J .0702        PROJECT PLANNING

15A NCAC 01J .0703        FINANCIAL CONSIDERATIONS

15A NCAC 01J .0704        ENVIRONMENTAL ASSESSMENT

 

History Note:        Authority G.S. 159G‑10; 159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner

(Rules .0701, .0702, and .0703);

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

RRC Objection due to clarity Eff. June 18, 1992 (Rule

.0701);

Amended Eff. July 1, 1992 (Rules .0702 and .0703);

RRC objection due to ambiguity Eff. June 16, 1994 (Rule

.0701);

Amended Eff. August 1, 1994 (Rule .0701); July 1, 1994

(Rules .0702 and .0703); July 24, 1992 (Rule .0701);

Temporary Amendment Eff. March 31, 1999 (Rules .0701 and

.0703);

Amended Eff. August 1, 2000 (Rules .0701 and .0703);

Repealed Eff. September 1, 2006.

 

SECTION .0800 ‑ PRIORITY REVIEW PERIODS: ASSIGNMENT OF

PRIORITIES

 

15A NCAC 01J .0801        PRIORITY REVIEW PERIODS

15A NCAC 01J .0802        ASSIGNMENT OF PRIORITIES

15A NCAC 01J .0803        ASSIGNMENT OF CATEGORY TO WASTEWATER

APPLICATIONS

 

History Note:        Authority G.S. 159G‑10; 159G‑12;

159G‑15;

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988 (Rules .0801 and .0803);

Temporary Amendment Eff. March 8, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner

(Rules .0802 and .0803);

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994 (rules .0802 and .0803); July

1, 1992 (Rule .0803);

Temporary Amendment Eff. March 31, 1999 (Rule .0803);

Amended Eff. August 1, 2000 (Rule .0803);

Repealed Eff. September 1, 2006.

 

SECTION .0900 ‑ LOAN AND GRANT AWARD AND COMMITMENT:

DISBURSEMENT OF LOANS AND GRANTS

 

15A NCAC 01J .0901        DETERMINATION OF LOAN AND GRANT AWARDS

15A NCAC 01J .0902        CERTIFICATION OF ELIGIBILITY

15A NCAC 01J .0903        CRITERIA FOR LOAN ADJUSTMENTS

15A NCAC 01j .0904        DISBURSEMENT OF LOANS AND GRANTS

 

History Note:        Authority G.S. 159G‑10; 159G‑12;

159G‑15;

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988;

Temporary Amendment Eff. March 8, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner

(Rules .0901 and .0904);

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994 (Rules .0901 and .0904); July

1, 1992 (Rules .0902, .0903, and .0904);

Temporary Amendment Eff. March 31, 1999 (Rule .0904);

Amended Eff. August 1, 2000 (Rules .0903 and .0904);

Repealed Eff. September 1, 2006.

 

15A NCAC 01J .0905        PROJECT ADMINISTRATIVE CLOSEOUT

 

History Note:        Filed as a Temporary Repeal Eff. March 8,

1994 for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Authority G.S. 159G‑12; 159G‑15;

Eff. July 1, 1992;

Repealed Eff. July 1, 1994.

 

 

 

SECTION .1000 ‑ LOAN REPAYMENTS

 

15A NCAC 01J .1001        INTEREST RATES

15A NCAC 01J .1002        REPAYMENT OF PRINCIPAL AND INTEREST ON

LOANS

 

History Note:        Authority G.S. 159G‑4(c); 159G‑13;

159G‑15; 159G‑18;

Temporary Amendment Eff. March 8, 1994 for a period of 180

days or until the permanent rule becomes effective, whichever is sooner (Rule

.1002);

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994; July 1, 1992 (Rule .1002);

Repealed Eff. September 1, 2006.

 

SECTION .1100 ‑ INSPECTION AND AUDIT OF PROJECTS

 

15A NCAC 01J .1101        INSPECTION

15A NCAC 01J .1102        AUDIT OF PROJECTS

 

History Note:        Authority G.S. 159G‑14; 159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner

(Rule .1101);

Temporary Rule Eff. February 2, 1988 for a period of 180

days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994(Rule .1101);

Repealed Eff. September 1, 2006.

 

SECTION .1200 ‑ SEVERABILITY

 

15A NCAC 01J .1201        SEVERABILITY

 

History Note:        Filed as a Temporary Rule Eff. February

2, 1988 for a Period of 180 Days to Expire on August 1, 1988;

ARRC Objection March 17, 1988;

Authority G.S. 159G‑15;

Expired Eff. May 1, 1988.

 

 

 

 

SECTION .1300 ‑ FAILED LOW-PRESSURE PIPE SYSTEMS

 

15A NCAC 01J .1301        REVIEW PERIOD

15A NCAC 01J .1302        GRANT ELIGIBILITY

15A NCAC 01J .1303        DISTRIBUTION OF FUNDS

 

History Note:        Filed as a Temporary Rule Eff. September

8, 1994, for a period of 115 days to expire on January 1, 1995;

Authority G.S. 159G-10(a1);

Temporary Rule Expired Eff. January 1, 1995.

 

SECTION .1400 - GENERAL PROVISIONS

 

15A NCAC 01J .1401        PURPOSE

15A NCAC 01J .1402        DEFINITIONS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .1500 - ELIGIBILITY REQUIREMENTS

 

15A NCAC 01J .1501        ELIGIBLE PROJECT COSTS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .1600 - APPLICATIONS

 

15A NCAC 01J .1601        APPLICATION FILING

15A NCAC 01J .1602        GENERAL PROVISIONS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .1700 - Common cRITERIA FOR EVALUATION OF ELIGIBLE

APPLICATIONS

 

15A NCAC 01J .1701        COMMON CRITERIA

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

Section .1800 - ASSIGNMENT OF CATEGORY TO WASTEWATER SYSTEM

APPLICATIONS

 

15A NCAC 01J .1801        ASSIGNMENT OF CATEGORY TO WASTEWATER

SYSTEM APPLICATIONS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .1900 - cRITERIA FOR EVALUATION OF WasteWater SYSTEM

appLICATIONS

 

15A NCAC 01J .1901        EXISTING CONDITIONS

15A NCAC 01J .1902        WATER QUALITY IMPROVEMENT CRITERIA

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

section .2000 - PRIORITY CRITERIA FOR PUBLIC WATER SYSTEM

PROJECTS

 

15A NCAC 01J .2001        PUBLIC NECESSITY:  HEALTH:  SAFETY AND

WELFARE

15A NCAC 01J .2002        PROJECT PLANNING

15A NCAC 01J .2003        SOURCE WATER PROTECTION

 

History Note:        Authority G.S. 159G-4; 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .2100 – LOAN AND GRANT AWARD AND COMMITMENT:

DISBURSEMENT OF LOANS AND GRANTS

 

15A NCAC 01J .2101        CRITERIA FOR LOAN ADJUSTMENTS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .2200 - LOAN REPAYMENTS

 

15A NCAC 01J .2201        REPAYMENT OF PRINCIPAL AND INTEREST ON

LOANS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.