SUBCHAPTER 18C ‑ WATER SUPPLIES
SECTION .0100 ‑ PROTECTION OF PUBLIC WATER SUPPLIES
Rules .0101 ‑ .0102 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .0101 ‑ .0102); has been
transferred and recodified from Rules .0701 ‑ .0702 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .0701 ‑ .0702),
effective April 4, 1990.
15A NCAC 18C .0101 PURPOSE AND SCOPE
History Note: Authority G.S. 130A‑315;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 1984; September 1, 1979; January
1, 1978;
Repealed Eff. September 1, 1990.
15A NCAC 18C .0102 DEFINITIONS
(a) The definitions contained in G.S. 130A‑2, G.S.
130A-290, and G.S. 130A‑313 are hereby incorporated by reference
including any subsequent amendments and editions. Copies are available for
public inspection at the principal address of the Division of Water Resources
at 512 North Salisbury Street, Raleigh NC 27604-1170; 1634 Mail Service Center,
Raleigh NC 27699-1634; or at the website of the Division at www.ncwater.org.
(b) The definitions contained in 40 C.F.R. 141.2 are hereby
incorporated by reference including any subsequent amendments and editions
except the following definitions are not adopted:
(1) "Disinfection;"
(2) "Maximum containment level;"
(3) ”Person;"
(4) "Public Water System;" and
(5) "Supplier of water."
Copies are available for public inspection as set forth in
Rule 18C .0102 of this Section. In addition, copies of governing federal
regulations may be obtained from the Environmental Protection Agency's (USEPA)
homepage at http://water.epa.gov/lawsregs/rulesregs/sdwa/index.cfm or from the
USEPA's Drinking Water Hotline at 1-800-426-4791.
(c) In addition to the definitions incorporated by reference
as set forth in Paragraph (a), the following definitions shall apply to this
Subchapter:
(1) "Act" means the North Carolina
Drinking Water Act.
(2) "Class I reservoir" means a
reservoir from which water flows by gravity or is pumped directly to a
treatment plant or to a small intervening storage basin and thence to a
treatment plant.
(3) "Class II reservoir" means a
reservoir from which the water flows by gravity or is pumped to a Class I
reservoir prior to final entrance to a water treatment plant.
(4) "Class III reservoir" means an
impoundment used for electric power generation, flood control, and similar
purposes, and that serves as a source of raw water for a community water
system.
(5) "Cross‑connection" means:
(A) any physical connection between a potable water supply
system and any other piping system, sewer fixture, container, or device,
whereby water or other liquids, mixtures, or substances may flow into or enter
the potable water supply system;
(B) any potable water supply outlet which is submerged
or is designed or intended to be submerged in non‑potable water or in any
source of contamination; or
(C) an air gap, providing a space between the potable
water pipe outlet and the flood level rim of a receiving vessel of less than
twice the diameter of the potable water pipe.
(6) "Community Water System intake"
means the structure at the head of a conduit into which water is diverted from
a stream or reservoir for transmission to water treatment facilities.
(7) "Disinfection" means a process that
inactivates pathogenic organisms in water.
(8) "Fecal Coliform" means bacteria
found in the intestine of humans and other warm blooded animals that are not
normally disease producing but serve as indicators of recent fecal
contamination. They are members of the Family Enterobacteriaceae, Genus
Escherichia, Species Coli.
(9) "Mobile Home Park" means a site
or tract of land where spaces are provided for lease or rental only to mobile
home occupants.
(10) "Mobile home subdivision" means a
subdivided site or tract of land in which lots are sold for use by mobile home
occupants.
(11) "Non‑potable water supply"
means waters not approved for drinking or other household uses.
(12) "Potable water supply" means water
approved for drinking or other household uses.
(13) "Raw water" means surface water or
groundwater that because of bacteriological quality, chemical quality,
turbidity, color, or mineral content makes it unsatisfactory as a source for a
community water system without treatment.
(14) "Raw water reservoir" means a
natural or artificial impoundment used for the primary purpose of storing raw
water to be subsequently treated for use as a source for a community water
system.
(15) "Service connection" means a piped
connection from a water main for the purpose of conveying water to a building
or onto a premise for human use.
(16) "Water supply product" means any
chemical or substance added to a public water system in conjunction with a
treatment technique or material used in construction of a public water system.
The term includes any material used in the manufacture of public water system
components, appurtenances, any pipe, storage tank or valve that comes in
contact with water intended for use in a public water system.
History Note: Authority G.S. 130A‑311 through
130A‑327; P.L. 93‑523; 40 C.F.R. 141.2;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2014; July 1, 1994; August 1, 1991;
January 1, 1991; September 1, 1990.
SECTION .0200 – LOCATION OF SOURCES OF PUBLIC WATER SUPPLIES
15A NCAC 18C .0201 SURFACE SUPPLIES FOR PUBLIC WATER
SYSTEMS
(a) A surface supply may be used for a community or a
non-transient, non-community water system with disinfection and without filtration
if it complies with the provisions of this Section and Rule .2005 of this
Subchapter.
(b) Such water supply shall be derived from uninhabited
wooded areas.
(c) The entire watershed shall be either owned or
controlled by the person supplying the water or be under the control of the
federal or state government; however, no such new water supply shall be created
except where the water system owner shall own in its entirety the watershed
from which the water will be obtained.
(d) The water after disinfection shall be of potable
quality as determined by bacteriological and chemical tests performed by a
certified laboratory. The presence of contaminants shall not exceed the limits
set forth in Section .1500 of this Subchapter.
(e) The water source shall have a WS‑I classification
as established by the Environmental Management Commission and shall meet the
quality standards for that classification, codified in 15A NCAC 02B. Copies
are available for public inspection as set forth in Rule .0102 of this
Subchapter.
History Note: Authority G.S. 130A‑315; 130A‑318;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2014; July 1, 1994; February 1,
1987; September 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0202 REMOVAL OF DISSOLVED MATTER AND
SUSPENDED MATTER
Any surface water that is to receive treatment for removal
of dissolved matter or suspended matter in order to be used for a public water
system shall be obtained from a source that meets the WS‑I, WS‑II,
WS‑III, WS‑IV or WS‑V stream classification standards
established by the Environmental Management Commission codified in 15A NCAC 02B.
Copies are available for public inspection as set forth in Rule .0102 of this
Subchapter. The source shall be protected from potential sources of pollution
as determined by a sanitary survey of the watershed made by an authorized
representative of the Department. The source supply shall be sufficient in
capacity to satisfy the anticipated needs of the users for the period of
design.
History Note: Authority G.S. 130A‑315; 130A‑318;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2014; July 1, 1994; September 1,
1990; February 1, 1987; September 1, 1979.
15A NCAC 18C .0203 PUBLIC WELL WATER SUPPLIES
(a) Any site or sites for any water supply well to be used
as a community or non-transient, non-community water system shall be investigated
by an authorized representative of the Division of Water Resources. Approval by
the Division is required in addition to any approval or permit issued by any
other state agency. The site shall meet the following requirements at the time
of approval:
(1) The well shall be located on a lot so that
the area within 100 feet of the well shall be owned or controlled by the person
supplying the water. The supplier of water shall be able to protect the well
lot from potential sources of pollution and to construct landscape features for
drainage and diversion of pollution.
(2) The minimum horizontal separation between
the well and known potential sources of pollution shall be as follows:
(A) 100 feet from any sanitary sewage disposal system,
sewer, or a sewer pipe unless the sewer is constructed of water main materials
and joints, in which case the sewer pipe shall be at least 50 feet from the
well;
(B) 200 feet from a subsurface sanitary sewage treatment
and disposal system designed for 3000 or more gallons of wastewater a day
flows, unless it is determined that the well water source utilizes a confined
aquifer;
(C) 500 feet from a septage disposal site;
(D) 100 feet from buildings, mobile homes, permanent
structures, animal houses or lots, or cultivated areas to which chemicals are
applied;
(E) 100 feet from surface water;
(F) 100 feet from a chemical or petroleum fuel
underground storage tank with secondary containment;
(G) 500 feet from a chemical or petroleum fuel
underground storage tank without secondary containment;
(H) 500 feet from the boundary of a ground water
contamination area;
(I) 500 feet from a sanitary landfill or non-permitted
non-hazardous solid waste disposal site;
(J) 1000 feet from a hazardous waste disposal site or
in any location which conflicts with the North Carolina Hazardous Waste
Management Rules cited as 15A NCAC 13A;
(K) 300 feet from a cemetery or burial ground; and
(L) 100 feet from any other potential source of
pollution.
(3) The Department may require greater separation
distances or impose other protective measures when necessary to protect the
well from pollution; the Department shall consider as follows:
(A) The hazard or health risk associated with the source
of pollution;
(B) The proximity of the potential source to the well;
(C) The type of material, facility or circumstance that
poses the source or potential source of pollution;
(D) The volume or size of the source or potential source
of pollution;
(E) Hydrogeological features of the site which could
affect the movement of contaminants to the source water;
(F) The effect that well operation might have on the
movement of contamination; and
(G) The feasibility of providing additional separation
distances or protective measures.
(4) The lot shall be graded or sloped so that
surface water is diverted away from the wellhead. The lot shall not be subject
to flooding.
(5) When the supplier of water is unable to
locate water from any other approved source and when an existing well can no
longer provide water that meets the requirements of this Subchapter, a
representative of the Division may approve a smaller well lot and reduced
separation distances for temporary use.
(b) The Division of Water Resources may grant a variance
from the minimum horizontal separation distances for public water supply wells
set out in 15A NCAC 18C .0203(a)(2)(D) and 15A NCAC 18C .0203(a)(2)(E).
(1) Such variance shall require the following
findings:
(A) The well supplies water to a non-community water
system as defined in G.S. 130A-313(10)(b) or supplies water to a business or
institution, such as a school, that has become a non-community water system
through an increase in the number of people served by the well.
(B) It is impracticable, taking into consideration
feasibility and cost, for the public water system to comply with the minimum
horizontal separation distance set out in the applicable sub-subpart of 15A
NCAC 18C .0203(a)(2).
(C) There is no reasonable alternative source of
drinking water available to the public water supply system.
(D) The granting of the variance will not result in an
unreasonable risk to public health.
(2) Such variance shall require that the
non-community public water supply well meet the following requirements:
(A) The well shall comply with the minimum horizontal
separation distances set out in 15A NCAC 18C .0203(a)(2)(D) and 15A NCAC 18C
.0203(a)(2)(E) to the maximum extent practicable.
(B) The well shall meet a minimum horizontal separation
distance of 25 feet from a building, mobile home, or other permanent structure
that is not used primarily to house animals.
(C) The well shall meet a minimum horizontal separation
distance of 100 feet from any animal house or feedlot and from cultivated areas
to which chemicals are applied.
(D) The well shall meet a minimum horizontal separation
distance of 50 feet from surface water.
(E) The well shall comply with all other requirements
for public well water supplies set out in 15A NCAC 18C .0203(a).
History Note: Authority G.S. 130A-315; 130A-318; P.L.
93-523; S.L. 2011-394;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 7, 2014; July 1, 1994; September 1,
1990; September 1, 1979.
SECTION .0300 ‑ SUBMISSION OF PLANS: SPECIFICATIONS: AND
REPORTS
Rules .0301 ‑ .0308 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .0301 ‑ .0308); has been
transferred and recodified from Rules .0901 ‑ .0908 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .0901 ‑ .0908),
effective April 4, 1990.
15A NCAC 18C .0301 APPLICABILITY: PRIOR NOTICE
(a) All persons, including units of local government,
intending to construct, alter, or expand a community or non-transient,
non-community water system shall give written notice thereof, including
submission of applicable Water System Management Plan, engineering reports, and
engineering plans and specifications to the Department, as required by the
rules of this Section. Any construction, alteration, or expansion which
affects capacity, hydraulic conditions, operating units, the functioning of
water treatment processes or the quality of water to be delivered shall require
submission of the documents described in this Paragraph. A non-community water
system using surface water or ground water under the direct influence of
surface water shall be subject to the provisions of this Rule. Non-transient,
non-community water systems shall not be subject to the provisions of this Rule
unless constructed, altered, or expanded on or after July 1, 1994.
(b) Water System Management Plan and Engineer=s Report shall be submitted
to the Department at least 60 days prior to the date upon which action by the
Department is desired.
(c) All reports, other than those in Paragraph (b) of this
Rule, engineering plans and specifications and other data intended for approval
shall be submitted to the Department at least 30 days prior to the date upon
which action by the Department is desired.
(d) If revisions to the Water System Management Plan are
necessary, the system applicant will be notified. A revised Water System
Management Plan will constitute a resubmittal and additional time will be
required for review.
(e) If revisions to the engineering plans or specifications
are necessary, the engineer who prepared them will be notified. Revised
engineering plans and specifications will constitute a resubmittal and
additional time will be required for review.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; September 1, 1990; March 1,
1989; June 30, 1980; September 1, 1979;
Temporary Amendment Eff. October 1, 1999;
Amended Eff. August 1, 2000;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0302 SUBMITTALS
(a) All plans, specifications, reports, or other data shall
be submitted in triplicate for review by the Public Water Supply Section,
Division of Water Resources at 512 N Salisbury Street, Room 1304A, Raleigh NC
27604-1170, or 1634 Mail Service Center, Raleigh NC 27699-1634.
(b) Engineering plans shall consist of legible prints
having black, blue, or brown lines on a white background suitable for
microfilming. The engineering plans shall not be more than 36 inches wide and 48
inches long and not be less than 11 inches wide and 17 inches long.
(c) An applicant subject to G.S. 143-355(l) shall submit
three copies of the adopted Local Water Supply Plan. If information required
in the Engineer's Report or the Water System Management Plan is included in an
adopted Local Water Supply Plan, a submittal to the Department may incorporate
this information by referencing the location in the adopted Local Water Supply
Plan.
(d) Existing systems that have previously submitted an
Engineer's Report and a Water System Management Plan in accordance with Rule
.0307 of this Section shall document any changes either as revised reports and
plans or addendums.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; December 1, 1991; September 1,
1990; June 30, 1980; September 1, 1979;
Temporary Amendment Eff. October 1, 1999;
Amended Eff. April 1, 2014; August 1, 2000;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0303 SUBMISSIONS REQUIRED BY ENGINEER AND
APPLICANT
(a) Detailed Engineer's Reports and engineering plans and
specifications shall be prepared by a professional engineer licensed to
practice in the State of North Carolina. These documents shall bear an imprint
of the registration seal of the engineer. Upon completion of the construction
or modification, the applicant shall submit a certification statement signed
and sealed by a registered professional engineer stating that construction was
completed in accordance with approved engineering plans and specifications,
including any provisions stipulated in the Department's plan approval letter or
authorization to construct letter, and revised only in accordance with the
provisions of Rule .0306 of this Section. The statement shall be based upon
observations during and upon completion of construction by the engineer or a
representative of the engineer's office who is under the engineer's
supervision.
(b) A Water System Management Plan as required in Paragraph
(c) of Rule .0307 of this Section shall include a signed certification stating
that the information submitted is true, accurate, and complete. This
certification shall be in accordance with Paragraph (d) of this Rule.
(c) The applicant shall submit a signed certification,
prior to Final Approval, stating that the requirements in Paragraph (d)
(Operation and Maintenance Plan) and Paragraph (e) (Emergency Management Plan)
of Rule .0307 of this Section have been satisfied, and that the system will
have a certified operator as required by Section .1300 of this Subchapter prior
to operation. This certification shall be in accordance with Paragraph (d) of
this Rule.
(e) The certifications required in Paragraphs (b) and (c)
of this Rule shall be provided on a form provided by the Department and shall
be signed by the following individual or his duly authorized representative:
(1) for a corporation, limited liability
company, home owner association or a non-profit organization: a president, vice
president, secretary, or treasurer;
(2) for a partnership or sole proprietorship:
by a general partner or the proprietor; or
(3) for a municipality, State, Federal or other
agency: by either a principal executive officer or ranking elected official.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; December 1, 1987; September 1,
1979;
Temporary Amendment Eff. October 1, 1999;
Amended Eff. August 1, 2000;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18c .0304 APPLICATION FOR APPROVAL: BY WHOM MADE
Applications for approval shall be filed by the current
owner on blanks which will be supplied by the Department. If ownership changes
before Final Approval, the new owner shall submit a new Water System Management
Plan in accordance with Rule .0307 of this Section.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Temporary Amendment Eff. October 1, 1999;
Amended Eff. August 1, 2000;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A ncac 18c .0305 APPROVALS NECESSARY BEFORE CONTRACTING
OR CONSTRUCTING
(a) No construction shall be undertaken, and no contract
for construction, alteration, or installation shall be entered into unless the
Department determines the system complies with G.S. 130A-317(c) and the
Department issues the authorization to construct letter. This authorization
shall be issued following completion and submittal of the Engineer=s Report and Water System
Management Plan and approval of the engineering plans and specifications by the
Department. Authorization to construct from the Department shall be valid for
twenty-four months from the date of the letter. Authorization to construct may
only be extended if the rules governing a public water supply and site conditions
have not changed. The authorization to construct and approval letter for
engineering plans and specifications from the Department shall be posted at the
primary entrance of the job site before construction begins.
(b) Upon request, permission to drill test wells at
approved sites in order to establish quality and quantity may be granted by the
Department prior to completion and submittal of the Engineer's Report and Water
System Management Plan and approval of engineering plans and specifications.
All wells abandoned, either temporarily or permanently, shall be abandoned in
accordance with 15A NCAC 2C .0113 (Well Construction Standards) and all local
ordinances.
(c) Units of local government which have an adopted water
system extension policy, upon submission to and approval of a copy of their
policy by the Department, may be excluded from the requirements of submitting
engineering plans and specifications for water main extensions, and that would
not have adverse effect upon the existing system supply or pressure, provided
the following requirements are met:
(1) Engineering plans and specifications for
all such extensions shall be prepared by or under the direct supervision of an
engineer licensed to practice in the State of North Carolina.
(2) All engineering plans shall be approved by
the units of local government engineering department or its consulting
engineers prior to the commencement of construction.
(3) The Department shall have approved the
extension policy submitted by the unit of local government prior to
construction commencing.
(4) The extension policy submitted for review
and approval by the Department shall provide for establishing ownership,
operation and maintenance of water system extensions, and shall constitute
prior notice of proposed construction.
(5) Where design is to be based on a local
government's standard specifications in lieu of written separate specifications
for each extension project, the standard specifications shall have been
previously approved by the Department.
(6) The local government shall have obtained
from the Department a letter stating they have met the aforementioned
requirement and are excluded from the requirement for submitting detailed
engineering plans and specifications for each minor extension in keeping with
the intent of this Rule.
(7) Where such minor additions or extensions
have been made, an annual up‑to‑date plan of the entire system
shall be submitted for review and approval by the Department.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; September 1, 1990; September
1, 1979;
Temporary Amendment Eff. October 1, 1999;
Amended Eff. August 1, 2000.
15a ncac 18c .0306 CHANGES IN ENGINEERING PLANS OR
SPECIFICATIONS AFTER APPROVAL
Deviations from the approved engineering plans and
specifications or changes in site conditions affecting capacity, hydraulic
conditions, operating units, the functioning of water treatment processes, the
quality of water to be delivered, or any provisos stipulated in the
Department's original and subsequent letters of approval must be approved by
the Department before any construction or installation. Revised engineering plans
and specifications shall be submitted in time to permit the review and approval
of such plans or specifications before any construction work affected by such
deviations is begun. The Secretary may seek injunctive relief under G.S. 130A‑18,
assess an administrative penalty under G.S. 130A‑22(b), or revoke or
suspend engineering plan approval under G.S. 130A‑23 for any violation of
this Rule.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. November 1, 1987;
Temporary Amendment Eff. October 1, 1999;
Amended Eff. August 1, 2000;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0307 ENGINEER'S REPORT, WATER SYSTEM
MANAGEMENT PLAN AND OTHER PLANS
(a) The applicant shall submit to the Department an
Engineer=s Report and
Water System Management Plan covering the basic factors and principles
considered in planning of the project.
(b) Engineer's Report. The Engineer's Report shall contain
a system description for the entire project, including scheduled phase
development and the following information, where applicable:
(1) description of any existing water system
related to this project;
(2) identification of the municipality,
community, area, or facility to be served by the proposed water system;
(3) the name and address of the applicant;
(4) a description of the nature of the
establishments and of the area to be served by the proposed water system;
(5) a description of the future service
areas of the public water system for 5, 10, 15 and 20 years;
(6) consideration of alternative plans for
meeting the water supply requirements of the area, including, for new systems, obtaining
water service from an existing system;
(7) for applicants seeking State loan or grant
support for the project, financial considerations, including:
(A) any technical alternatives;
(B) costs of integral units; and
(C) total costs.
(8) population records and trends, present and
anticipated future water demands, present and future yield of source or sources
of water supply, including provisions to supply water to other systems;
(9) character of source or sources of water
supply, including:
(A) hydrological or hydrogeological data;
(B) stream flow rates or well yields;
(C) for surface sources, analytical results for
chemical, mineral, bacteriological, and physical qualities; and
(D) location and nature of sources of pollution.
(10) proposed water treatment processes,
including:
(A) criteria and basis of design of units;
(B) methods or procedures used in arriving at
recommendations; and
(C) reasons or justifications for any deviations from
conventional or indicated process or method.
(11) for purchased water, a copy of the agreement
with the supplier and the hydraulic analysis showing the supplier's
capabilities for supplying the purchased water;
(12) a description of the design basis of the
source, treatment, and distribution system, and the useful life of all sources,
treatment, and transmission facilities including pipes, pumping stations, and
storage facilities;
(13) for existing system projects intending to
alter or expand a distribution system, provide a statement of maximum daily
treated water supply and maximum daily demand. Provide supporting documentation
and calculations; and
(14) for existing systems, a prioritized list of
infrastructure improvements.
(c) Water System Management Plan. The Water System
Management Plan shall document, where applicable, the ability to finance,
operate, and manage the system in accordance with this Subchapter for the
current owner and for any entity that assumes ownership of the water system
within the first 24 months of operation:
(1) Organization:
(A) description of organizational structure or a chart
showing all aspects of water system management and operation;
(B) identification of positions responsible for policy
decisions ensuring compliance with State rules and the day-to-day operation of
the system; and
(C) copies of any contracts for management or operation
of the water system by persons or agencies other than the system's owner.
(2) Ownership:
(A) identify the ownership structure (sole proprietor,
partnership, corporation, limited liability company, homeowner association,
nonprofit organization, local government unit, state or federal agency, or
other legal entity) and disclose if the ownership of the system is expected to
change once the system is constructed, and if known, identify the future
owners;
(B) provide mailing address and street address of the
owner, and physical location of the water system;
(C) disclose any encumbrances, trust indentures,
bankruptcy decrees, legal orders or proceedings, or other items that may affect
or limit the owner's control over the system and describe how compliance with
the requirements of this Subchapter will still be maintained; and
(D) describe the legal authority, such as ownership,
leases or recorded easements allowing inspection repair and maintenance of
system components.
(3) Management qualifications:
(A) describe the qualifications of the owners and
managers of the water system, including any training and experience in owning
or managing a water system; and
(B) provide the name and Public Water Supply
Identification Number of all public water systems owned within the last five
years as well as any systems operated under contract for another owner within
the last five years. For systems with administrative penalties assessed,
describe how the owner will prevent similar violations at this system.
(4) Management training. Describe plans to
keep management current with regulatory requirements for managing and operating
a public water system.
(5) Policies. At a minimum, the system shall
have policies regarding the following procedures:
(A) cross-connection control;
(B) customer information, complaints, and public
education;
(C) budget development and rate structure;
(D) response and notification if water quality
violations occur;
(E) customer connection, disconnection, billing, and
collection; and
(F) safety procedures.
(6) System monitoring, reporting and record
keeping. At a minimum the applicant shall provide:
(A) A summary of the applicable system monitoring and
reporting requirements; and
(B) A description of procedures for keeping and
compiling records and reports in accordance with Rule .1526 of this Subchapter.
(7) Financial Plans. The plan shall contain
the following financial information, where applicable:
(A) Units of Local Government:
(i) For projects that require the unit of local
government to incur debt, the unit of local government shall submit a statement
from the Local Government Commission stating that debt issue has been approved;
or
(ii) For projects that do not require the unit of
local government to incur debt, the unit of local government shall submit the
following:
(I) a statement from the unit of local
government documenting that they are in compliance with G. S. 159, Article 3,
The Local Government Budget and Fiscal Control Act; and
(II) estimated revenues, expenditures and rate
structure for the construction, operation and maintenance, administration and
reasonable expansion of the project. This information shall be provided on a
form designated by the Department and shall demonstrate that revenues are
greater than expenses.
(B) The North Carolina Utilities Commission's financial
determination may be used as the financial plan for systems subject to its
regulations:
(i) submit a copy of the Order Granting Franchise
and Approving Rates from the North Carolina Utility Commission; or
(ii) submit a copy of the Order Recognizing
Continuous Extension and Approving Rates from the North Carolina Utilities
Commission.
(C) All other community and non-transient non-community
water systems shall document the following:
(i) analysis that compares anticipated revenues
with planned expenditures for a five year period that demonstrates a positive
cash flow in each year, and a 20-year equipment replacement cost plan
documenting the method(s) to finance equipment replacement;
(ii) the creation and funding of a continuous
operating cash reserve greater than or equal to one-eighth of the annual
operating, maintenance and administrative expenses for the water system. The
reserve shall be fully funded by the end of the first year of operation;
(iii) the creation and funding of an emergency cash
reserve greater than or equal the cost of replacing the largest capacity pump.
The reserve shall be fully funded by the end of the fifth year of operation;
(iv) a description of the budget and expenditure
control procedures that assure budget control for the applicant which includes
procedures or policies to prevent misuse of funds and a demonstration that the
system has adopted generally accepted accounting procedures; and
(v) in lieu of Sub-Items (ii) and (iii) of this
Paragraph, substitute documentation may be accepted in the following instances:
(I) an applicant with multiple water systems
showing reserves affording greater or equal capabilities; or
(II) an applicant showing equivalent financial
capacity to comply with requirements of this Section.
(8) One Water System Management Plan may be
submitted on behalf of an applicant owning and operating multiple water systems
or an applicant pursuing multiple alterations or expansions and may include
future projected construction or system acquisitions. The applicant shall
submit a new Water System Management Plan for a project not covered under the
existing Water System Management Plan or when violations of this Subchapter occur
or continue at a system under an applicant's ownership or control.
(d) Operation and Maintenance Plan. The plan does not have
to be submitted to the Department but shall be completed prior to submitting
the applicant's certification in accordance with Paragraph (c) of Rule .0303 of
this Section. This plan shall be accessible to operator on duty at all times
and available to the Department upon request. The Operation and Maintenance
Plan shall include, at a minimum, a description of the location and routine
operation and maintenance procedures for:
(1) components of the treatment facility;
(2) pumps, meters, valves, blowoffs, and
hydrants;
(3) backflow devices;
(4) storage tanks; and
(5) all other appurtenances requiring routine
operation and maintenance.
(e) Emergency Management Plan. The plan does not have to
be submitted to the Department, but shall be completed prior to submitting the
applicant certification required in Paragraph (c) of Rule .0303 of this
Section. The Emergency Management Plan shall be available to personnel
responsible for emergency management and operator on duty at all times and
available to the Department upon request. The plan shall contain the following
information where applicable:
(1) For community water systems, a plan with
the following elements is required:
(A) identification and phone numbers of personnel
responsible for emergency management, including system, local, state, and
federal emergency contacts;
(B) identification of foreseeable natural and
human-caused emergency event including water shortages and outages;
(C) description of the emergency response plan for each
identified event;
(D) description of the notification procedures; and
(E) identification and evaluation of all facilities and
equipment whose failure would result in a water outage or water quality
violations.
(2) For non-transient, non-community water
systems, the plan shall contain the positions and phone numbers of responsible
persons to contact in the event of an emergency, including system, local,
state, and federal emergency contacts.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; September 1, 1990; June 30,
1980; September 1, 1979;
Temporary Amendment Eff. October 1, 1999;
Amended Eff. August 1, 2000.
15A NCAC 18C .0308 ENGINEERING PLANS AND SPECIFICATIONS
(a) Engineering Plans. Engineering Plans for water supply
systems shall consist of the following:
(1) title information including the following:
(A) name of the city, town, board, commission or other
owner for whom the plans were prepared;
(B) the locality of the project;
(C) the general title of the set of drawings and prints;
(D) the specific title of each sheet;
(E) the date; and
(F) the scales used;
(2) a preliminary plat plan or map showing the
location of proposed sources of water supply;
(3) a general map of the entire water system
showing layout and all pertinent topographic features;
(4) detail map of source or sources of water
supply;
(5) layout and detail plans for intakes, dams,
reservoirs, elevated storage tanks, standpipes, pumping stations, treatment
plants, transmission pipelines, distribution mains, valves, and appurtenances
and their relation to any existing water system, and the location of all known
existing structures or installations and natural barriers that might interfere
with the proposed construction; and
(6) the north point.
(b) Specifications. Complete detailed specifications for
materials, equipment, workmanship, test procedures and specified test results
shall accompany the plans. The specifications shall include, where applicable:
(1) the design and number of chemical feeders,
mixing devices, flocculators, pumps, motors, pipes, valves, filter media,
filter controls, laboratory facilities and equipment, and water quality control
equipment and devices;
(2) provision for continuing with minimum
interruption the operation of existing water supply facilities during
construction of additional facilities;
(3) safety devices and equipment;
(4) procedure for disinfection of tanks,
basins, filters, wells and pipes; and
(5) identification of type, brand name, and
model number for all back flow devices.
(c) One copy of the engineering plans and specification,
upon approval, will be returned to the person or persons making application for
approval.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; July 1, 1993;
Temporary Amendment Eff. October 1, 1999;
Amended Eff. August 1, 2000;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0309 FINAL APPROVAL
(a) No construction, alteration, or expansion of a water
system, subject to approval as described in Section .0300 of this Subchapter,
shall be placed into final service or made available for human consumption
until the applicant has complied fully with Section .0300 of this Subchapter
and received Final Approval from the Department.
(b) Temporary approval may be granted by the Department for
system alterations required to remedy an imminent hazard as determined by the Department.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Temporary Adoption Eff. October 1, 1999;
Eff. August 1, 2000;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .0400 – WATER SUPPLY DESIGN CRITERIA
15A NCAC 18C .0401 MINIMUM REQUIREMENTS
The design criteria given in this Section are the minimum
requirements for approval of plans and specifications by the Department. The Department
provides supplemental criteria for design of water systems in Sections
.0500-.1000 of this Subchapter.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2014; July 1, 1994; September 1,
1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0402 WATER SUPPLY WELLS
(a) Well Construction. The construction of water supply
wells shall conform to well construction regulations and standards of the
Division of Water Resources, Department of Environment and Natural Resources,
codified in 15A NCAC 02C. Copies are available for public inspection as set
forth in Rule .0102 of this Subchapter.
(b) Upper Terminal of Well. The well casing shall neither
terminate below ground nor in a pit. The pump pedestal for above ground pumps
of every water supply well shall project not less than six inches above the
concrete floor of the well house, or the concrete slab surrounding the well.
The well casing shall project at least one inch above the pump pedestal. For submersible
pumps the casing shall project at least six inches above the concrete floor or
slab surrounding the well head.
(c) Sanitary Seal. The upper terminal of the well casing
shall be sealed watertight with the exception of a vent pipe or vent tube having
a downward‑directed, screened opening.
(d) Concrete Slab or Well House Floor. Every water supply
well shall have a continuous bond concrete slab or well house concrete floor
extending at least three feet horizontally around the outside of the well
casing. Minimum thickness for the concrete slab or floor shall be four inches.
(e) Sample Tap and Waste Discharge Pipe. Faucets or
spigots shall be provided for sampling both raw water prior to treatment and
treated water prior to delivery to the first customer. Sample spigots shall
not be threaded for hose connection. Threaded hose bibs shall be equipped with
anti-siphon devices. A water sample tap and piping arrangement for discharge
of water to waste shall be provided.
(f) Physical Security and Well Protection. A water supply
well shall be secured against unauthorized access and protected from the
weather. One of the following structures shall be provided:
(1) Well house. A well house shall be
constructed as follows:
(A) structures shall comply with applicable provisions
of state and local building codes;
(B) drainage shall be provided by floor drain, wall
drain, or slope to door;
(C) access into the structure shall be a doorway with
minimum dimensions of 36 inches wide and 80 inches high;
(D) the structure shall have adequate space for the use
and maintenance of the piping and appurtenances. If treatment is provided at
the well, the provisions of Rule .0404(a) of this Section shall apply; and
(E) the structure shall be secured with lock and key.
(2) Prefabricated structures. A prefabricated
structure shall be constructed as follows:
(A) a well-head cover shall be hinged and constructed so
that it can be lifted by one person;
(B) a locking mechanism shall be provided; and
(C) permanent fastening to the slab (such as with bolts)
shall not be permitted.
(3) Fencing and temperature protection.
Fencing and temperature protection shall be constructed as follows:
(A) the fence height shall be a minimum of six feet;
(B) the fence shall be constructed of chain link with
locked access;
(C) the fence shall enclose the well, hydropneumatic
tank, and associated equipment;
(D) access shall be provided for maintenance and
operation; and
(E) the well, piping, treatment equipment, and
electrical controls shall be protected against freezing. Wrapping with
insulation is acceptable for appurtenances such as the air vent, meter, valves,
and sample taps provided they are visible and accessible. Insulation shall be
jacketed.
(g) Yield:
(1) Wells shall be tested for yield and
drawdown. A report or log of at least a 24‑hour drawdown test to
determine yield shall be submitted to the Division of Water Resources for each
well.
(2) Wells shall be located so that the drawdown
of any well shall not interfere with the required yield of another well.
(3) The combined yield of all wells of a water
system shall provide in 12 hours pumping time the average daily demand as
determined in Rule .0409 of this Section.
(4) The capacity of the permanent pump to be
installed in each well shall not exceed the yield of the well as determined by
the drawdown test.
(5) A residential community water system using
well water as its source of supply and designed to serve 50 or more connections
shall provide at least two wells. A travel trailer park or campground designed
to serve 100 or more connections shall provide at least two wells. In lieu of
a second well, another approved water supply source may be accepted.
(6) A totalizing meter shall be installed in
the piping system from each well.
(h) Initial Disinfection of Water Supply Well. All new
wells, and wells that have been repaired or reconditioned shall be cleaned of
foreign substances such as soil, grease, and oil, and then shall be
disinfected. A representative sample or samples of the water (free of
chlorine) shall be collected and submitted to a certified laboratory for
bacteriological analyses. The water supply shall not be placed into service after
disinfection until bacteriological test results of representative water samples
analyzed in a certified laboratory are found to be free of bacteriological
contamination.
(i) Initial Chemical Analyses. A representative sample of
water from every new water supply well shall be collected and submitted for
chemical analyses to the Division of Laboratory Services or to a certified
laboratory. The results of the analysis shall demonstrate the water is
treatable to meet water quality standards in Section .1500 of this Subchapter
and needed treatment shall be provided before the well is placed into service.
(j) Continuous Disinfection. Continuous application of chlorine,
hypochlorite solution, or some other approved and equally efficient
disinfectant shall be provided for all well water supplies introduced on or
after January 1, 1972. Equipment for determining residual chlorine
concentration in the water shall be included in the plans and specifications.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2014; July 1, 1994; September 1,
1990; January 1, 1986; March 31, 1980.
15A NCAC 18C .0403 SURFACE WATER FACILITIES
(a) Unimpounded Stream. Both the minimum daily flow of
record of the stream and the estimated minimum flow calculated from rainfall
and run‑off shall exceed the maximum daily draft for which the water treatment
plant is designed with due consideration given to requirements for future
expansion of the treatment plant. The Department may approve a water plant
capacity greater than the minimum daily flow of record of the stream when rules
of other government agencies will not be violated. The maximum allowable
system expansion shall be based on the minimum daily flow of record of the
stream.
(b) Pre‑settling Reservoirs. Construction of a pre‑settling
or pre‑treatment reservoir shall be required where wide and rapid
variations in turbidity, bacterial concentrations or chemical qualities occur
or where the following raw water quality standards are not met: turbidity -
150 NTU, coliform bacteria - 3000/100 ml, fecal coliform bacteria - 300/100 ml,
color - 75 CU.
(c) Impoundments. Raw water storage capacity shall be
sufficient to reasonably satisfy the designed water supply demand during
periods of drought.
(d) Clearing of Land for Impoundment. The area in and
around the proposed impoundment of class I and class II reservoirs shall be
cleared as follows:
(1) The area from normal full level to five
feet below the normal pool elevation of the impoundment shall be cleared and
grubbed of all vegetation and shall be kept cleared until the reservoir is
filled. Secondary growth shall be removed prior to flooding.
(2) The entire area below the five foot water
depth shall be cleared and shall be kept cleared of all growth of less than six
inches in diameter until the reservoir is filled. Stumps greater than six inches
in diameter may be cut off at ground level.
(3) All brush, trees, and stumps shall be
burned or removed from the proposed reservoir.
(e) Existing Impoundments. Existing impoundments may be
approved as raw water sources as follows:
(1) The requirements of Paragraph (c) of this
Rule, and Section .0200 of this Subchapter shall be met;
(2) A class I or class II reservoir shall meet
the requirements of Section .1200 of this Subchapter; and
(3) The supplier of water shall have an
engineer along with other qualified consultants as needed conduct a study of
the impoundment and provide the Department information to determine whether the
requirements of this Subchapter are met. The study shall include as follows:
(A) Plans and specifications of the impounding
structure;
(B) Information concerning clearing of the land for
impoundment as provided in Paragraph (d) of this Rule;
(C) Information concerning sources of pollution on the
watershed;
(D) Documentation of control by the supplier of water of
the impoundment and 50 foot margin around the impoundment measured from the
normal pool elevation;
(E) Information concerning the quality of the water and
sediments which could cause water quality fluctuations such as lake
stratification, turnover and algae bloom; and
(F) Other information necessary to show the proposed
source will meet the requirements of this Subchapter.
(f) A margin of at least 50 feet around a class I and class
II reservoir measured from the normal pool elevation shall be owned or
controlled by the water supplier.
(g) Intakes, Pumps, Treatment Units, and Equipment. Raw
water intakes, pumps, treatment units and equipment shall be designed to
provide water of potable quality meeting the water quality requirements stated
in Section .1500 of this Subchapter.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; July 1, 1992; September 1,
1990.
15A NCAC 18C .0404 WATER TREATMENT FACILITIES
(a) Physical Security and Facility Protection. Treatment
equipment and chemicals shall be secured against unauthorized access and shall
be protected against the weather as follows:
(1) Structures shall comply with provisions of
state and local building codes;
(2) Drainage shall be provided by floor drain,
wall drain, or slope to door;
(3) Access to the structure shall be a doorway
with minimum dimensions of 36 inches wide and 80 inches high or larger. The
doorway shall be large enough to accommodate installation or removal of
equipment; and
(4) The structure shall have space to
facilitate operation and maintenance of treatment equipment, storage of
chemicals, required piping and appurtenances, electrical controls, and
laboratory testing.
(b) Mixing and Dispersion of Chemicals. Provisions shall
be made for mixing and dispersion of chlorine and other chemicals applied to
the water. All facilities treating surface water or ground water influenced by
surface water shall comply with the disinfection requirements in Rule .2002 of
this Subchapter.
(c) Chemical Feed Machines
(1) Durable chemical feed machines designed for
adjustable accurate control of feed rates shall be installed for application of
all chemicals necessary for appropriate treatment of the water. Sufficient
stand‑by units to assure uninterrupted operation of the treatment
processes shall be provided. Continuous chemical application must be protected
from electrical circuit interruption which could result in overfeed, underfeed
or interrupt the feed of chemicals.
(2) Chemical feed lines from the feeders to the
points of application shall be of material sized for the design flow rate,
corrosion resistant, easily accessible for cleaning and protected against
freezing. Length and the number of bends shall be reduced to a minimum.
(3) Piping and appurtenances shall be
constructed of suitable material for the chemical being added and the specific
application.
(4) A separate feeder shall be used for each
chemical applied.
(d) Disinfection Equipment:
(1) Equipment designed for application of
chlorine, or some other approved, equally efficient disinfectant shall be
provided. Stand‑by units shall be provided. The plans and
specifications shall describe the equipment in detail.
(2) Chlorinators shall be installed in tightly
constructed, above ground rooms with mechanical ventilation to the outside
air. The capacity of exhaust fans shall be sufficient to discharge all air in
the rooms every 30 seconds to 1 minute. The fans or their suction ducts shall
be located not more than eight inches above floor level. Provisions for
entrance of fresh air shall be made. The point of discharge shall be so
located as not to contaminate the air in any building or inhabited areas.
Electrical switches for operation of fans shall be located outside the
chlorinator rooms. Rooms used for storage of chlorine cylinders shall be
designed as described above.
(e) Safety Breathing Apparatus. Self-contained emergency
breathing apparatus for operators shall be stored outside rooms where gaseous
chlorine is used or stored.
(f) Meters and Gauges. Meters and gauges, including raw
and finished water meters, shall be installed to indicate and record water flow
entering the treatment plant and water pumped or conducted to the distribution
system.
(g) Prevention of Backflow and Back‑Siphonage.
Submerged inlets and interconnections whereby non‑potable water, or water
of questionable quality, or other liquids may be siphoned or forced into or
otherwise allowed to enter the finished water supply shall not be permitted.
(h) Chemical Storage. Separate space for storing at least
30 days supply of chemicals shall be provided. A separate room or partitioned
space shall be provided for storage of dry fluoride chemicals or liquid
fluoride chemicals in portable containers.
(i) Laboratory. Adequate space, equipment, and supplies
shall be provided for daily, routine chemical and bacteriological tests. A
layout of laboratory furniture and equipment shall be included in the plans.
(j) Toilet Facilities. Toilet facilities shall be provided
for the plant personnel.
(k) Waste Handling and Disposal.
(1) Provisions must be made for disposal of
water treatment plant wastes such as clarification sludge, softening sludge,
iron-manganese sludge, filter backwash water and brines. Untreated waste shall
not be returned to the head of the water treatment plant.
(2) Recycling of supernatant or filtrate from
waste treatment facilities treating filter wash water, sedimentation basin
sludge or clarifier basin sludge to the head of the water treatment plant may
be allowed when the following conditions are met:
(A) The water recycled shall be less than 10 percent by
volume of the raw water entering the water treatment plant.
(B) A permit has been issued by the appropriate
regulatory authority for discharge of wastes to sanitary sewer, stream, lagoon
or spray irrigation.
(C) The raw water does not contain excessive algae,
finished water taste and odor problems are not encountered and trihalomethane
levels in the distribution system do not exceed allowable levels in Rule .1517
in this Subchapter.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994.
15A NCAC 18C .0405 STORAGE OF FINISHED WATER
(a) Ground Level Storage
(1) Finished Water Ground Storage Tank.
Finished water ground storage tanks shall be provided with a light‑proof
and insect‑proof cover of concrete, steel, or equivalent material
approved by the Division. The construction joints between side walls and the
covers of concrete tanks or reservoirs shall be above ground level and above
flood level; except that clearwells constructed below filters may be excepted from
this requirement when total design, including waterproof joints, gives equal protection
from flooding.
(2) Access Manholes. The access manholes for
finished water ground storage tanks or reservoirs shall be framed at least four
inches above the tank or reservoir covers at the opening and shall be fitted
with solid covers of materials that overlap the framed openings and extend down
around the frames at least two inches. The covers for the openings shall be
hinged at one side and fitted with a locking device.
(3) Venting. Finished water ground storage
tanks or reservoirs shall have vents with screened, downward directed
openings. The vent and screen shall be of corrosion resistant material.
(4) Overflow. The overflow pipes for finished
water ground storage tanks or reservoirs shall not be connected directly to
sewers or storm drains. Screens or other devices to prevent access by rodents,
insects, etc. shall be provided in the overflow pipe.
(5) Inlets and Outlets. Water supply inlets
and outlets of finished water ground storage tanks and reservoirs shall be
located and designed to provide circulation of the water and to meet the CT
requirements in Section .2000 of this Subchapter. Baffles shall be constructed
where necessary to provide thorough circulation of the water.
(6) Drain Valves. All finished water ground
storage tanks and reservoirs shall be equipped with drain valves.
(b) Elevated Storage Tanks:
(1) Standards. The specifications for elevated
tanks, stand‑pipes, towers, paints, coatings, and other appurtenances
shall meet the appropriate ANSI/AWWA Standards D 100 84 and D 101‑53(R86)
of the American Water Works Association, Inc. that are hereby incorporated by
reference including any subsequent amendments and editions. Copies are available
for public inspection as set forth in Rule .0102 of this Subchapter.
(2) Elevation of Storage Tanks. The elevation
of storage tanks shall be sufficient to produce a designed minimum distribution
system pressure of 20 pounds per square inch at peak demand (fire flow) and 30
pounds per square inch during peak flow.
(3) Drain. Elevated storage tanks shall be
equipped with drain valves.
(c) Hydropneumatic Storage Tanks (Pressure Tanks)
(1) Use of Pressure Tanks. Where well yields
and pumping capacities are sufficient, hydropneumatic (pressure) tanks may be
used to control pumps, stabilize pressures, and provide a minimum of storage.
Pressure tanks shall have the capacity to maintain a minimum pressure of 30
pounds per square inch throughout periods of peak flow. Pressure tanks shall
not be considered acceptable for meeting total storage requirements for water
systems of over 300 connections, except as provided in Paragraph (d) of this
Rule.
(2) Corrosion Control. Pressure tanks shall be
galvanized after fabrication, provided with an ANSI/NSF approved liner or coating
in accordance with Rule .1537 of this Subchapter.
(3) Required Parts. Pressure tanks shall have
access manholes, bottom drains, pressure gauges, and properly sized safety and
vacuum relief valves.
(4) Controls. Automatic pressure and start‑stop
controls for operation of pumps shall be provided.
(5) Hydropneumatic Storage Tanks.
Hydropneumatic storage tanks shall conform to the construction requirements for
pressure vessels adopted by the North Carolina Department of Labor and codified
in 13 NCAC 13 that is hereby incorporated by reference including any subsequent
amendments and editions. Copies are available for public inspection as set
forth in Rule .0102 of this Subchapter.
(6) Appurtenances to hydropneumatic storage
tanks such as valves, drains, gauges, sight tubes, safety devices, air-water
volume controls, and chemical feed lines shall be protected against freezing.
(d) High Yield Aquifers:
(1) Equipment. In lieu of providing elevated storage
for systems over 300 connections in areas where aquifers are known to produce
high yields, e.g., 400‑500 gpm from an eight‑inch well, a system of
extra well pumping capacity, auxiliary power generating equipment,
hydropneumatic tanks, controls, alarms, and monitoring systems may be
provided. The design and installation of such system shall assure that
reliable, continuous service is provided.
(2) Auxiliary Power. Such a system shall have
an adequate number of wells equipped with sufficient pumping capacity so that
the required flow rate may be maintained with the single largest capacity well
and pump out of operation. Auxiliary power generating equipment shall be
provided for each well sufficient to operate the pump, lights, controls,
chemical feeders, alarms, and other electrical equipment as may be necessary.
(3) Pump Control. Hydropneumatic tanks
designed in accordance with Paragraph (c) of this Rule and Section .0800 of
this Subchapter shall be provided to maintain pressure and control the pump
operation.
(4) Alarm System. An alarm system shall be
provided that will send a visual or audible signal to a constantly monitored
location so that the water system operator will be advised of a primary power
failure.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2014; July 1, 1994; September 1,
1990; October 1, 1986; June 30, 1980.
15A NCAC 18C .0406 DISTRIBUTION SYSTEMS
(a) Water Pipe Materials. Distribution mains shall be cast
iron, ductile iron, asbestos‑cement, reinforced concrete, plastic, or
other material designed for potable water system service and shall be the appropriate
AWWA standards, section C, or NSF Standards No. 14 and No. 15 that is hereby
incorporated by reference including any subsequent amendments and editions.
Copies are available for public inspection as set forth in Rule .0102 of this
Subchapter. The pressure rating class of the pipe shall be in excess of the
maximum design pressure within that section of the water distribution system.
The quality of pipe to be used shall be stated in the project specifications.
(b) Cross‑Connections
(1) No potable water supply shall be connected
by any means to another source of water supply or to a storage facility unless
such connection has been previously approved by the Department. No connection
shall be made to any plumbing system that does not comply with the North
Carolina State Building Code, volume II, or any applicable local plumbing code.
(2) No person shall introduce any water into
the distribution system of a public water supply through any means other than
from a source of supply duly approved by the Department or its representatives,
or make a physical connection between an approved supply and unapproved supply
unless authorized in an emergency by the Department or its representative.
(3) In cases where storage capacity is used
only for non‑potable purposes and there is installed either an elevated
or ground tank or a ground reservoir, the following precautions shall be taken:
(A) When the reservoir or tank is filled from a supply
other than a public water supply and the public water supply is used as a
supplemental supply, the pipeline from the public water supply shall be
installed in such a manner that the water will be discharged over the top or
rim of the reservoir or tank. There shall be a complete physical break between
the outlet end of the fill pipe and the top or overflow rim of the tank of at
least twice the inside diameter of the inlet pipe.
(B) When the reservoir or tank is filled entirely by
water from a public water supply:
(i) If a covered ground reservoir or covered
elevated tank is used, an approved reduced pressure back‑flow preventor
or an approved double check valve assembly may be used. The back‑flow
prevention device shall be installed in such a manner as to afford adequate
protection, be easily accessible, and include all necessary pressure gauges and
drains for testing. Gate valves shall be installed in the line at both ends of
the back‑flow prevention device.
(ii) If an uncovered ground reservoir or uncovered
elevated tank is used, a complete physical break shall be provided between the
reservoir or elevated tank and the public supply. The physical break between
the inlet pipe and the top or overflow rim of the reservoir shall be at least
twice the diameter of the inlet pipe.
(4) All cross‑connections between potable
water supplies and non‑potable or unprotected supplies that are not
specifically covered in the categories in this Paragraph will be considered
special problems and the protective devices required shall be determined by the
Department on the basis of the degree of health hazard involved.
(5) Persons desiring to install non‑potable
water supplies in conjunction with a public water supply shall submit detailed
plans and specifications in triplicate showing the non‑potable water
supply and its relation to the potable water supply to the Department in
accordance with Rule .0302(a) of this Subchapter.
(6) Any such interconnection to a potable water
system is subject to the approval of the water supplier and shall not be made
until authorized by the water supplier in addition to the Department.
(7) No person shall fill special use tanks or
tankers containing pesticides, fertilizers, other toxic chemicals, or their
residues from a public water system except at a location equipped with an over‑the‑rim
free discharge of water or a reduced pressure backflow preventer properly
installed on the public water supply that has been approved by the Department.
No supplier of water shall permit the filling of such special use tanks or
tankers except at locations so equipped.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2014; September 1, 1990; December
1, 1988; June 30, 1980.
15A NCAC 18C .0407 ELECTRICAL SYSTEMS
Electrical wiring and equipment shall comply with applicable
provisions of the national, state, and local electrical codes. Protection
against moisture and overheating shall be provided.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15a ncac 18c .0408 LEAD FREE
CONSTRUCTION
(a) Any pipe, pipe fitting, solder or flux used after June
19, 1988 in the installation or repair of any public water system shall be lead
free.
(b) "Lead free" means that solders and flux shall
not contain more than 0.2 percent lead, and pipes and pipe fittings shall not
contain more than 8.0 percent lead.
(c) This Rule shall not apply to leaded joints necessary
for the repair of cast iron pipes.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. June 1, 1988;
Amended Eff. August 1, 2002.
15A NCAC 18C .0409 SERVICE CONNECTIONS
(a) Local Water Supply Plan. Units of local government
which are operating under a local water supply plan in accordance with G.S.
143-355(l) shall not be limited in the number of service connections.
(b) No local water supply plan. A public water system
which does not have a local water supply plan as stated in Paragraph (a) shall
limit its number of service connections as follows:
(1) A public water system shall meet the daily
flow requirements specified in Table 1:
Table 1: Daily Flow
Requirements
Type of Service
Connection
Daily Flow for
Design
Residential
400 gallon/connection
Mobile Home Parks
250 gallon/connection
Campgrounds and Travel Trailer Parks
100 gallon/space
Marina
10 gallon/boat slip
Marina with bathhouse
30 gallon/boat slip
Rest Homes and Nursing Homes
with laundry
120 gallon/bed
without laundry
60 gallon/bed
Schools
15 gallon/student
Day Care Facilities
15 gallon/student
Construction, work, or summer camps
60 gallon/person
Business, office, factory (exclusive of industrial use)
without showers
25
gallon/person/shift
with showers
35
gallon/person/shift
Hospitals
300 gallon/bed
or;
(2) A public water system serving different
types of service connections shall meet the maximum daily demand calculated as
follows:
(A) Where records of the previous year are available
that reflect daily usage, the average of the two highest consecutive days of
record of the water treated shall be the value used to determine if there is
capacity to serve additional service connections (unusual events such as
massive line breaks or line flushings shall not be considered).
(B) Where complete daily records of water treated are
not available, the public water system shall multiply the daily average use
based on the amount of water treated during the previous year of record by the
appropriate factor to determine maximum daily demand, as follows:
(i) A system serving a population of 10,000 or less
shall multiply the daily average use by 2.5; or
(ii) A system serving a population greater than
10,000 shall multiply the daily average use by 2.0.
History Note: Authority G.S. 130A-315; 103A-317; P.L.
93-523;
Eff. July 1, 1994.
SECTION .0500 ‑ SUPPLEMENTAL DESIGN CRITERIA
Rules .0501 ‑ .0502 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .0501 ‑ .0502); has been
transferred and recodified from Rules .1701 ‑ .1702 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .1701 ‑ .1702),
effective April 4, 1990.
15A NCAC 18C .0501 PURPOSE
For the protection of the public health, and pursuant to
authority granted by Article 10 of Chapter 130A of the General Statutes of
North Carolina, the Commission for Public Health hereby adopts the following
rules (15A NCAC 18C .0500 through .1000) as supplemental design criteria for
approval of plans and specifications.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; September 1, 1991; September
1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0502 DESIGN CRITERIA
Community and non-transient, non-community water systems and
non-community water systems using surface water or ground water under the
influence of surface water shall comply with these supplemental design criteria
unless alternate design proposals are approved by the Department. The
Department shall consider the following factors in approving an alternate
design:
(1) The potential health risk of using the alternate
design;
(2) The need for deviation from the supplemental design
criteria;
(3) The degree of deviation from the supplemental
design criteria; and
(4) The capability of the alternate design to meet the
maximum contaminant levels, treatment techniques and other requirements of this
Subchapter.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; September 1, 1979; January 1,
1978;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .0600 ‑ RAW SURFACE WATER FACILITIES
Rules .0601 ‑ .0604 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .0601 ‑ .0604); has been
transferred and recodified from Rules .1801 ‑ .1804 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .1801 ‑ .1804),
effective April 4, 1990.
15A NCAC 18C .0601 IMPOUNDMENTS: PRE‑SETTLING
RESERVOIRS
Where impoundment of the water supply stream does not or
will not provide a raw water of acceptable quality, a pre‑settling or pre‑treatment
reservoir located outside the watershed or catchment area may be required.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977.
15A NCAC 18C .0602 RAW WATER INTAKES
(a) Stream Intakes. The intake structure for unimpounded
streams shall be constructed so that it will not be affected by flood water or
damaged by floating debris. It shall be located and designed to minimize entrance
of sand, silt, fish and debris. A bar screen or grating shall be provided,
with the area of the openings designed to restrict the entrance velocity to 30
feet per minute or less.
(b) Reservoir Intakes. Where water quality variations
affecting the treatment process will occur at different depths of a reservoir,
the intake structure shall be constructed with multiple inlets that can be
readily opened and closed for selection of the optimum water quality level. A
bar screen or grating shall be provided, with the area of the openings designed
to restrict the entrance velocity to 50 feet per minute or less.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0603 INTAKE CONDUITS
The pipes, tunnels, or flumes used for intake conduits shall
be designed to conduct water at self‑cleaning velocities of at least two
feet per second. A screen, accessible for cleaning, shall be provided to
protect the pumps.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0604 PUMPS: POWER FACILITIES
At least two pumping units with necessary check valves, gate
valves, piping and appurtenances shall be provided for both raw water and
finished water. Auxiliary facilities shall be provided to supply power or to
provide other means to satisfy the design minimum water needs of the system.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive
public interest Eff. November 23, 2015.
SECTION .0700 ‑ SURFACE WATER TREATMENT FACILITIES
Rules .0701 ‑ .0709 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .0701 ‑ .0709); has been
transferred and recodified from Rules .1901 ‑ .1909 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .1901 ‑ .1909),
effective April 4, 1990.
15A NCAC 18C .0701 FLASH OR RAPID MIXING FACILITY
Mixing shall be adequate to obtain rapid and thorough
dispersal of the chemicals in the raw water before it enters the flocculation
basins. The design of the flash mix facilities shall provide sufficient and
efficient transfer of energy to the water to effect thorough mixing.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0702 AIR MIXING
Diffused air mixing may be used only in conjunction with
mechanical or baffled mixers.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0703 MECHANICAL FLOCCULATION
(a) Basin Inlet and Outlet. The design of inlets and
outlets of flocculation basins shall prevent short circuiting of the water and
destruction or deterioration of the floc.
(b) Detention Period. The flocculation basins shall have a
theoretical detention period of not less than 20 minutes.
(c) Agitator Control. The agitators of flocculation basins
shall be equipped with variable speed controls.
(d) Paddles. Peripheral speed and paddle configuration
shall be designed to obtain optimum velocity gradient.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive
public interest Eff. November 23, 2015.
15A NCAC 18C .0704 BAFFLED MIXING AND FLOCCULATION BASINS
(a) Detention Period. The theoretical detention period of
baffled mixing and flocculation shall be at least 25 minutes.
(b) Velocities
(1) The velocity of the water between the
baffles shall be as follows:
(A) first third of basin ‑‑ 1.5 feet per
second;
(B) second third of basin ‑‑ 0.75 feet per
second; and
(C) last third of basin ‑‑ 0.4 to 0.5 feet
per second.
(2) The velocity of the water under and over
the baffles shall not exceed the velocity between the baffles.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0705 CONDUITS: PIPES AND FLUMES: GATES AND
VALVES
Conduits conducting flocculated or coagulated water to
sedimentation basins shall have sufficient capacity to limit velocity of flow
to 0.5 feet per second. The optimum velocity to prevent both the breaking up
and the settling of the floc is considered to be 0.5 feet per second.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0706 SEDIMENTATION BASIN
(a) Inlets. Inlets to sedimentation basins shall be
designed to dissipate inlet velocities before the diffusion walls or before
other entrance arrangements designed to provide uniform flow across the basins.
(b) Detention Period. A theoretical detention period of
four hours shall be considered to be a minimum standard unless evidence,
acceptable to the Division of Water Resources, is presented to support approval
of a lower period of detention.
(c) Bottom of Basin. The bottom of the basin shall be
sloped and provided with drain valve or valves for ready removal of sludge.
(d) Outlet. Sedimentation basin outlets shall consist of
submerged weirs or orifices. The equivalent rate of flow over or through the
outlet device should not exceed 20,000 gallons per day per foot of equivalent
weir length.
(e) Overflow. Sedimentation basins shall be equipped with
an overflow pipe or pipes to limit the maximum water level over the filters and
to prevent flooding above the walls of filters and basins.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2014.
15A NCAC 18C .0707 SOLIDS CONTACT OR UP‑FLOW UNITS
(a) Approval of Solids Contact or Up‑Flow Units.
Solids contact or up‑flow clarification units shall be approved only
where raw water characteristics are substantially constant and shall not be
approved for raw waters that have wide and rapid variations in turbidity or
other qualities that would adversely affect the treatment process.
(b) Water Rise Rate. The rise rate shall not exceed 1.0
gallon per minute per square foot of clarification area unless the requirements
of Rule .0711 of this Section have been satisfied.
(c) Weir Loading. Weir loading shall not exceed seven
gallons per minute per foot of weir length. Horizontal flow to the collection
trough shall not exceed 10 feet.
(d) Speed Agitator Equipment. Mixing and flocculation
shall be accomplished by means of adjustable, variable speed agitator
equipment.
(e) Sludge Withdrawal. Sludge withdrawal equipment shall
include an intermittent sludge removal mechanism controlled by an adjustable
automatic timer.
(f) Basin Drain. The basin shall be provided with a bottom
drain that is of sufficient size to empty the basin in two hours or less.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994.
15A NCAC 18C .0708 GRAVITY FILTERS
(a) Filtration Rates. The standard rate of filtration for
a single media filter shall be two gallons per minute per square foot. Higher
filtration rates up to four gallons per minute per square foot may be approved for
dual media or multi‑media filters. Filtration rates in excess of four
gallons per minute per square foot may be approved subject to pilot plant or
plant scale demonstrations conducted in accordance with Rule .0714 of this
Section.
(b) Wash Water Rate. The backwash rate of flow shall be
designed to theoretically expand the filter media 50 percent.
(c) Rate Control Devices. Rate control equipment shall be
provided to control or regulate the filtration rate and the backwash rate. If
declining rate filtration is to be utilized, orifice plates shall be installed
on each filter effluent pipe to control maximum filtration rates.
(d) Surface Washers. Filter beds shall be equipped with a
revolving or fixed system of nozzles designed for agitation of the entire beds.
(e) Gauges and Flow Indicators. Gauges or meters shall be
installed to indicate the rate of filtration, the loss of head, and backwash
rate for every filter.
(f) Filter Media:
(1) Filter Sand. Filter sand shall be clean
silica sand having:
(A) an effective size of 0.35 mm to 0.55 mm,
(B) a uniformity coefficient of not more than 1.70,
(C) a dust content (passing 150 mesh tyler) less than
0.5 percent, and
(D) a minimum depth of at least 24 inches.
(2) Anthracite Filter Media. If anthracite coal
is used as a single filter media, it shall have an effective size of 0.35 mm to
0.55 mm and a uniformity coefficient of 1.70 or less. Minimum depth of the
media shall be 24 inches.
(3) Dual Media or Multi‑media Filters.
Dual media and mixed media filter beds may have a wider range of gradation than
single media beds. Particle sizes may range from 0.15 mm to 1.2 mm within the
beds. Influent water quality shall be considered in specifying particle sizes
of mixed media beds. The minimum depth of the filter media shall be 24 inches.
(g) Supporting Media and Underdrain System. The underdrain
system and layers of gravel or other media supporting the filter media shall be
designed to provide uniform filtration and uniform backwash throughout the
filter media.
(h) Wash Water Troughs Elevation. The elevation of the
bottom of the wash water troughs for new installations shall be above the
maximum level of the expanded media during washing at the normal design wash
water rate. The elevation of the top of the wash water troughs shall provide a
two‑inch freeboard above the expanded media at the maximum rate of wash.
(i) Turbidity Monitoring. Turbidimeters employing the
nephelometric method, or measurement of the intensity of scattered light, shall
be provided for the continuous determination of the turbidities of filtered
water from each filter unit.
(j) Sampling Tap. A tap shall be installed for convenient
sampling of the effluent from each filter.
(k) Multiple Filter Units. Two or more filter units shall
be provided such that the annual average daily demand can be satisfied at the
approved filtration rate with one filter removed from service.
(l) Structural Design. Filters shall have vertical walls
with no protrusions or curvature. Floors of filter rooms shall be designed to
prevent flooding or spillage into filters through provisions of overflow
drainage and a minimum of four inch curbs around the filters.
(m) Filter to Waste. All filters shall have provisions for
filtering to waste with backflow prevention.
(n) Filter Backwash. Backwash capacity to ensure thorough
cleaning of the filters shall be provided.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; January 1, 1978.
15A NCAC 18C .0709 PREVENTION OF BACKFLOW AND BACK‑SIPHONAGE
The following methods and devices for prevention of backflow
or back‑siphonage shall be provided for the conditions indicated:
(1) Dry Chemical Feeders. Dry chemical feeders with
submerged water inlets shall have a non‑pressure type vacuum breaker
installed on the atmospheric side of the last control valve.
(2) Fluoride Chemical Feeders
(a) Sodium fluoride saturator tank make‑up
water lines shall have air gaps between the overflow rim of the tank and the
water supply pipe of at least four inches.
(b) When using the positive displacement
fluoride chemical solution feed pumps, if the point of application to the water
supply is at atmospheric pressure and is below the maximum elevation of the solution
in the fluoride solution tank, an air gap shall be installed in the fluoride
discharge line at a point above the liquid level in the tank. If the point of
application is a pressure line, then a pressure type vacuum breaker shall be
used.
(3) Filter Surface Wash Agitators. Either a non‑pressure
type vacuum breaker shall be installed on the atmospheric side of the last
control valve of each agitator, or pressure type vacuum breaker or an approved
backflow preventer shall be installed on the pipe line supplying only the
agitators.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0710 OTHER WATER TREATMENT PLANTS
Water treatment plants which provide conventional filtration
treatment, as defined in Rule .0102 of this Subchapter, but do not meet the
minimum design criteria for process flow times established in this Rule, may be
approved to treat high quality source waters under the following conditions:
(1) A proposal shall be presented to the Department to
justify deviation from minimum criteria. The proposal shall include an
engineering report containing information and data to substantiate high source
water quality characteristics and demonstrate water treatment plant
effectiveness.
(2) The flocculation process shall have a minimum of 20
minutes theoretical detention time.
(3) The sedimentation compartment shall utilize tube
settlers, plates or equivalent settling enhancement mechanisms and have a
minimum of 30 minutes detention time.
(4) The filter media shall be a minimum of 24 inches in
depth and consist of dual or multi-media.
(5) The source waters shall be derived from watersheds
which are classified as WS-I, WS-II or WS-III and shall be protected from
sources of pollution as determined by a sanitary survey in accordance with Rule
.0202 of this Subchapter.
(6) The following raw water quality standards shall apply:
(a) WS-I, WS-II or WS-III raw water quality
standards established by the Environmental Management Commission shall be met.
(b) In addition to Sub-Item (6)(a) of this Rule,
the following maximum concentration of turbidity, coliform, fecal coliform and color
shall be allowed in the water plant influent water, based on sedimentation time
provided by the water treatment plant. Off-stream pre-treatment to maintain
these standards shall be provided as specified in Item (7) of this Rule.
SED TIME 4
hrs. 2 hrs. 1 hr. ½ hrs.
Turbidity (NTU) 150 75 50 25
Coliform/100 ml 3,000 2,000 1,000 500
Fecal coliform/100
ml 300 200 100 50
Color (CU) 75 60 40 20
Note: Uneven
values are to be interpolated.
(c) Maximum allowable fluctuations in turbidity,
coliform, fecal coliform, color (up to the maximum of Sub-Item (6)(b) of this
Rule, chemicals and other water quality characteristics shall be established by
a pilot study conducted in accordance with Rule .0714 of this Section.
(d) The allowable raw water concentration of all
other contaminants, for which drinking water standards are established in this
Subchapter, shall be based on the removal capacity of the water plant as
demonstrated in a pilot study conducted in accordance with Rule .0714 of this
Section.
(7) Off-stream pre-treatment/storage reservoirs shall
be provided to maintain the raw water quality standards of Item (6) of this
Rule, equalize fluctuations and provide an unpolluted storage reserve in the
event of contaminant spills as follows:
(a) Off-stream pre-treatment/storage reservoirs
shall not be required for source waters derived from uninhabited watersheds
classified WS-I if it is demonstrated that the raw water quality standards and
fluctuations of Item (6) of this Rule are maintained in the water treatment
plant influent water.
(b) Off-stream pre-treatment/storage shall not
be required for source waters derived from Class I, II or III reservoirs on
WS-I, WS-II or WS-III watersheds if an engineering report demonstrates to the
Department the source is not vulnerable to spills and that the water quality
standards and fluctuations of Item (6) of this Rule can be maintained in the
water plant influent water.
(c) For all other source waters derived from
WS-I, WS-II or WS-III watersheds, a minimum of five days off-stream
pre-treatment/storage shall be provided. An engineering report as described in
Item (1) of this Rule shall be submitted to demonstrate that five days storage
is adequate or to determine the greater storage needed to maintain the raw
water quality standards and fluctuations of Item (6) of this Rule in the water
treatment plant influent water.
(d) When terrain or space constraints make it
infeasible to construct a pre-treatment/storage reservoir, a mechanical
pre-treatment system may be approved when an engineering report demonstrates to
the Department that the source is not vulnerable to contaminant spills and that
the raw water quality standards and fluctuations of Item (6) of this Rule can
be maintained in the water treatment plant influent water.
History Note: Authority G.S. 130A-315; 130A-317; P.L.
93-523;
Eff. July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0711 ALTERNATIVE FILTRATION TREATMENT
TECHNOLOGIES
A public water system may propose an alternative filtration
treatment technology as provided in Rule .2003 of this Subchapter. The
following conditions shall apply:
(1) The source waters shall be derived from WS-I, WS-II
or WS-III watersheds and shall be protected from sources of pollution as
determined from a sanitary survey in accordance with Rule .0202 of this
Subchapter.
(2) The raw water quality standards and fluctuations
shall be as specified in Rule .0710 Item (6) of this Section, except that the
following maximum concentrations shall be allowed in the influent water to the
water treatment plant: Turbidity - 20 NTU, coliform - 500/100 ml, fecal
coliform - 50/100 ml, color - 20 CU.
(3) Off-stream pre-treatment/storage shall be provided
as specified in Rule .0710 of this Section except that the raw water quality
standards of Item (2) of this Rule shall be maintained in the water treatment
plant influent water.
(4) If the Department determines that the proposed
water treatment plant employs treatment techniques that are consistent with
this Subchapter, a pilot study shall be conducted in accordance with Rule .0714
of this Section.
(5) If the pilot study demonstrates to the Department
that the proposed water treatment plant can consistently produce water which
complies with all requirements of this Subchapter, detailed engineering plans
and specifications for the proposed plant and appurtenances shall be presented
to the Department for review and approval prior to construction or letting a
contract.
History Note: Authority G.S. 130A-315; 130A-317; P.L.
93-523;
Eff. July 1, 1994.
15A NCAC 18C .0712 DIRECT FILTRATION
Water treatment plants which use direct filtration may be
approved to treat high quality source waters derived from uninhibited
watersheds classified WS-I. A proposal, including an engineering report as
described in Rule .0710 Item (1) of this Section shall be submitted to the
Department.
(1) The following raw water maximum contaminant
concentrations shall be met: Turbidity - 5 NTU, coliform - 500/100 ml, fecal
coliform - 50/100 ml, color - 15 CU. Fluctuations shall not exceed 5 percent
per hour.
(2) A minimum of 5 days off-stream storage shall be
provided except in cases where the source waters are derived from in-stream
impoundments and it is demonstrated that the raw water quality standards and
fluctuations or Item (1) of this Rule are maintained at the entrance to the
water treatment plant.
(3) If the Department determines that the proposed
water treatment plant provides treatment techniques that are consistent with
this Subchapter and that the treatment is feasible for the source water, a
pilot plant study shall be conducted in accordance with Rule .0714 of this
Section.
(4) If the pilot study demonstrates to the Department
that the proposed plant can consistently produce water which complies with all
requirements of this Subchapter, detailed engineering plans and specifications
for the proposed plant and appurtenances shall be presented to the Department
for review and approval prior to construction or letting a contract.
History Note: Authority G.S. 130A-315; 130A-317; P.L.
93-523;
Eff. July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0713 PRESSURE FILTERS
Pressure filters shall not be used in treatment of surface
waters. Pressure filters may be approved for treatment of existing groundwater
sources under the influence of surface water under the following conditions:
(1) Design standards for gravity filters in Rule .0708
of this Section shall apply.
(2) Overall plant design shall comply with Rule .0404
of this Subchapter.
(3) Special design or operational features or
modifications shall be provided when needed due to water quality or design of
the proposed filter.
(4) If the Department determines that the proposed
water treatment plant employs treatment techniques that are consistent with
this Subchapter, a pilot plant study shall be conducted in accordance with Rule
.0714 of this Section.
(5) If the pilot study demonstrates to the Department
that the proposed plant can consistently produce water which complies with all
requirements of this Subchapter, detailed engineering plans and specifications
for the proposed plant and appurtenances shall be presented to the Department
for review and approval prior to construction or letting a contract.
History Note: Authority G.S. 130A-315; 130A-317; P.L.
93-523;
Eff. July 1, 1994.
15A NCAC 18C .0714 PILOT PLANT
STUDIES
(a) A pilot plant study proposal shall be submitted to the
Department for approval before the study is conducted. The following
conditions shall apply:
(1) An engineering report shall describe the
proposed study and shall include the information and data to justify use of the
particular plant to treat the source water;
(2) The proposed plant shall employ treatment
techniques that are consistent with this Subchapter;
(3) The pilot plant shall be of the same design
and operation as the proposed plant;
(4) A protocol for conducting the study shall
be submitted which includes the duration, testing procedures, reporting
procedures, plant scale and other factors which affect the proposed plant
operation; and
(5) The study shall be conducted over a time
sufficient to treat all worst case source water conditions expected through the
year.
(b) Pilot plant finished water shall not be introduced to a
public water system unless approved by the Department.
(c) When the proposed plant or pilot plant has been tested
under worst case conditions on similar water and achieved 3.0 log removal of Giardia
cysts and a maximum of 0.3 NTU turbidity levels 95 percent of the time in
filtered effluent, the particular model plant may be proposed without on-site
testing.
(d) The pilot plant shall comply with the provisions of
Section .2000 of this Subchapter.
History Note: Authority G.S. 130A-315; 130A-317; P.L.
93-523;
Eff. July 1, 1994;
Amended Eff. October 1, 2009.
15A NCAC 18C .0715 OTHER DESIGN STANDARDS
In evaluation of water systems or water system design
features not addressed in this Section, the Department shall consider standards
from the American Water Works Association or Recommended Standards for Water
Works of 10 states and Ontario, that is hereby incorporated by reference
including any subsequent amendments and editions. Copies are available for
public inspection as set forth in Rule .0102 of this Subchapter.
History Note: Authority G.S. 130A-315; 130A-317; P.L.
93-523;
Eff. July 1, 1994;
Amended Eff. April 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .0800 ‑ HYDROPNEUMATIC STORAGE TANKS Rules
.0801 ‑ .0805 of Title 15A Subchapter 18C of the North
Carolina Administrative Code (T15A.18C .0801 ‑ .0805); has been
transferred and recodified from Rules .2001 ‑ .2005 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .2001 ‑ .2005),
effective April 4, 1990.
15A NCAC 18C .0801 CAPACITIES: DETERMINING MINIMUM
EFFECTIVE VOLUME
The minimum effective volume of pressure tanks, in gallons,
shall equal the peak demand, in gallons per minute, minus the pumping capacity
(gpm), multiplied by 20.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0802 CAPACITIES: DETERMINING PEAK DEMAND
(a) The following charts shall be used to determine the
peak demand for campground, residential community, and mobile home park water
systems:
PEAK DEMAND FOR
CAMPGROUND WATER SYSTEMS
(Number of Connections
vs Gallons per Minute)
175
150
125
100
75
50
25
160
Number of Connections
200
120
400
800
80
60
20
40
PEAK DEMAND FOR
RESIDENTIAL COMMUNITY WATER SYSTEMS
(Number of
Connections vs Gallons per Minute)
240
260
200
180
120
80
40
300
Number of Connections
200
80
100
60
40
10
20
30
PEAK DEMAND FOR
MOBILE HOME PARK WATER SYSTEMS
(Number of
Connections vs Gallons per Minute)
150
160
125
100
75
50
25
300
Number of Connections
200
80
100
60
40
10
20
30
(b) The peak demand for non-transient, non-community water
systems shall be determined based on the total demand weight of fixtures in
accordance with the procedures of the North Carolina State Building Code,
Volume II, Plumbing Section that are hereby incorporated by reference including
any subsequent amendments and editions. Copies are available for public
inspection as set forth in Rule .0102 of this Subchapter.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2014; July 1, 1994; June 30, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0803 CAPACITIES: DETERMINING TOTAL VOLUME
The total volume of a pressure tank shall be calculated by
using the principle of Boyle's Law. The total volume (gallons) shall be not
less than 25 times the number of connections or 500 gallons, whichever is
greater for a mobile home park. In the case of a residential community
(community water system) the total volume shall not be less than 40 times the
number of connections or 500 gallons, whichever is greater. In the case of
campgrounds, the total volume shall not be less than 10 times the number of
connections or 500 gallons, whichever is greater.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; March 31, 1980.
15A NCAC 18C .0804 CAPACITIES: GROUND STORAGE PLUS
HYDROPNEUMATIC TANKS
When ground level storage tanks and high‑service pumps
are to be used, hydropneumatic tanks shall be sized in relation to peak demand
and the high‑service pump capacity.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0805 CAPACITIES: ELEVATED STORAGE
(a) Where feasible, elevated storage capacity shall meet
the requirements of the ISO Commercial Risk Services, Inc. Fire Suppression
Rating Schedule that are hereby incorporated by reference including any
subsequent amendments and editions. Copies are available for public inspection
as set forth in Rule .0102 of this Subchapter.
(b) The elevated storage capacity for a municipality shall
be sufficient to minimize the effect of fluctuating demand and provide a
reserve for fire protection, but not be less than 75,000 gallons in capacity.
(c) The combined elevated and ground storage capacity of
the finished water for community and non-transient, non-community water systems
shall be a minimum of one-half day's supply of the average annual daily demand.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1978;
Amended Eff. April 1, 2014; July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .0900 ‑ DISTRIBUTION SYSTEMS
Rules .0901 ‑ .0907 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .0901 ‑ .0907); has been
transferred and recodified from Rules .2101 ‑ .2107 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .2101 ‑ .2107),
effective April 4, 1990.
15A NCAC 18C .0901 SIZE OF THE WATER MAINS
Water distribution mains shall be sized to provide a minimum
pressure at all points within the distribution system of not less than 20
pounds per square inch (gauge) during periods of peak demand (fire flow), but
in any case water mains shall not be less than two‑inch standard nominal
diameter. Fire hydrants shall not be installed on water mains of less than six
inches diameter or on water mains or water systems not designed to carry fire
protection flows. Systems not designed for fire flows shall have the capacity
to maintain a pressure of at least 30 pounds per square inch (gauge) throughout
the system during periods of peak flow.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. March 31, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0902 NUMBER OF RESIDENCES ON A WATER MAIN
(a) No more than 20, or the equivalent of 20 residences
shall be connected to a two‑inch diameter water line, unless the main is
looped or otherwise supplied from two connections with mains of adequate
capacities.
(b) A looped two‑inch main shall serve no more than
40 residences, or the equivalent water demand of 40 residences. A two‑inch
diameter main shall not exceed 1000 feet in length.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. January 1, 1978;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0903 DEAD‑END WATER MAINS
Where installation of dead‑end water mains cannot be
avoided, a hydrant or a valve of adequate size for flushing shall be installed
at the terminal end of the line. The flush valves shall have an above‑ground
discharge and shall be protected from contamination.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0904 PIPE LAYING
Trenching, pipe laying, and backfilling shall be
accomplished in a manner to prevent damage and mis‑alignment of the
pipe. Water mains shall be buried to a depth below the frostline or to a depth
sufficient to provide a minimum of 30 inches cover, whichever is greater.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0905 TESTING NEW WATER MAINS
New water mains shall be tested for leakage and any
necessary repairs and re‑testing shall be accomplished as specified in
AWWA standards.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .0906 RELATION OF WATER MAINS TO SEWERS
(a) Lateral Separation of Sewers and Water Mains. Water
mains shall be laid at least 10 feet laterally from existing or proposed
sewers, unless local conditions or barriers prevent a 10‑foot lateral separation‑‑in
which case:
(1) The water main is laid in a separate
trench, with the elevation of the bottom of the water main at least 18 inches
above the top of the sewer; or
(2) The water main is laid in the same trench
as the sewer with the water main located at one side on a bench of undisturbed
earth, and with the elevation of the bottom of the water main at least 18
inches above the top of the sewer.
(b) Crossing a Water Main Over a Sewer. Whenever it is
necessary for a water main to cross over a sewer, the water main shall be laid
at such an elevation that the bottom of the water main is at least 18 inches
above the top of the sewer, unless local conditions or barriers prevent an 18
inch vertical separation‑‑in which case both the water main and sewer
shall be constructed of ferrous materials and with joints that are equivalent
to water main standards for a distance of 10 feet on each side of the point of
crossing.
(c) Crossing a Water Main Under a Sewer. Whenever it is
necessary for a water main to cross under a sewer, both the water main and the
sewer shall be constructed of ferrous materials and with joints equivalent to
water main standards for a distance of 10 feet on each side of the point of
crossing. A section of water main pipe shall be centered at the point of
crossing.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977.
15A NCAC 18C .0907 VALVES
(a) Valves should be installed on all branches from feeder mains,
and between mains and hydrants according to the following schedule:
(1) three valves at x (crosses),
(2) two valves at T's (tees), and
(3) one valve on single hydrant branch.
(b) All valves installed in water distribution systems shall
meet the appropriate AWWA Standards C 500‑71 (adopted in 1971), C 504‑74
(adopted in 1974), and C 507‑73 (adopted in 1973) of the American Water
Works Association, Inc., that are incorporated by reference including any
subsequent amendments or editions. Copies are available for public inspection
as set forth in Rule .0102 of this Subchapter. All valves must be installed in
such a manner as to be readily accessible, preferably, the use of an
appropriate valve box and cover.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2014; March 31, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .1000 ‑ DISINFECTION OF WATER SUPPLY SYSTEMS
Rules .1001 ‑ .1004 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .1001 ‑ .1004); has been
transferred and recodified from Rules .2201 ‑ .2204 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .2201 ‑ .2204),
effective April 4, 1990.
15A NCAC 18C .1001 DISINFECTION OF NEW SYSTEMS
(a) All interior surfaces of new potable water supply
systems, including wells, filters, storage tanks and distribution lines shall
be thoroughly disinfected by means of hypochlorite or chlorine solutions, after
which bacteriological test samples shall be collected.
(b) After disinfection the water supply shall not be placed
into service until bacteriological test results of representative water samples
analyzed in an approved laboratory are found to be satisfactory.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1002 DISINFECTION OF WELLS
(a) After water supply wells have been cleaned of foreign
substances, including sediment, grease and oil, the wells shall be disinfected
by the addition of chlorine solution in concentrations sufficient to produce a
minimum chlorine residual of 100 milligrams per liter (or ppm) in the entire
water column within the well casing.
(b) The chlorine solution shall remain in the well for a
period of 24 hours. The well shall then be pumped until the water is free of
chlorine.
(c) A representative sample or samples of the water shall
be collected and analyzed by a certified laboratory. If bacteriological tests
indicate that the water is free of bacteriological contamination, the well may
be placed in service.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994.
15A NCAC 18C .1003 DISINFECTION OF STORAGE TANKS AND
DISTRIBUTION SYSTEMS
(a) Water distribution systems, including storage tanks and
water mains, after flushing to remove sediment and other foreign matter, and
after testing for leaks, shall be disinfected by the addition and thorough
dispersion of a chlorine solution in concentrations sufficient to produce a
chlorine residual of at least 50 milligrams per liter (or ppm) in the water
throughout the distribution system, including all water mains and storage
tanks.
(b) The chlorine solution shall remain in contact with
interior surfaces of the water system for a period of 24 hours. Then the water
system shall be flushed with fresh water from an approved water source until
the chlorine solution is dispelled.
(c) Representative samples of the water shall then be
collected. If bacteriological tests of the samples indicate that the water
quality is satisfactory, the water mains and storage tanks may be placed in
service.
(d) In unusual situations where large volume tanks are
involved and where there is not sufficient water available to fill the tank or
there is not available a suitable drainage area for the chlorinated water, an
alternate disinfection procedure for tanks may be proposed. Such proposal must
be submitted in writing completely describing the proposed disinfection
procedure and substantiating the need for an alternate procedure in the
particular circumstance. Such alternate procedure must be approved before
being implemented. The conclusion of the department shall be final.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. January 1, 1978.
15A NCAC 18C .1004 DISINFECTION OF FILTERS
(a) After filters have been thoroughly backwashed to remove
dust, silt and other foreign matter the entire filter (including filter media,
supporting material and underdrain system) shall be disinfected by application
of a chlorine solution having a minimum concentration of 50 milligrams per
liter (or ppm).
(b) The solution shall be dispersed throughout the filter
bed and remain in contact for a minimum of 24 hours.
(c) For treatment equipment that cannot tolerate chlorine,
alternate disinfection procedures as recommended by the equipment manufacturer
may be used if equivalent to the disinfection procedure using chlorine.
History Note: Authority G.S. 130A‑315; 130A‑317;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994.
SECTION .1100 ‑ PROTECTION OF UNFILTERED PUBLIC WATER
SUPPLIES
Rules .1101 ‑ .1108 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .1101 ‑ .1108); has been
transferred and recodified from Rules .1201 ‑ .1208 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .1201 ‑ .1208),
effective April 4, 1990.
15A NCAC 18C .1101 WATERSHED AREA
No dwelling house, pasture, hog lot, cattle or horse barn,
or other areas where domestic animals are confined or permitted, and no parks,
camping grounds or other places of public assembly shall be permitted within
the watershed area of an unfiltered public water system. The watershed area
shall be posted in accordance with Rule .1107 of this Section.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; September 1, 1990; September
1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1102 AUTHORIZED PERSONS WITHIN WATERSHED AREA
No persons, other than a duly authorized representative of
the person or company supplying the water from an unfiltered public water
system or a representative of the local health department, or the Department,
or a game warden, state forester or law enforcement officer, or a
representative of the U.S. Park Service or U.S. Forest Service shall be
permitted within the area of the watershed of an unfiltered public water system
at any time and for any purpose unless the Department determines that the
proposed activity does not adversely affect the quality of the water.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; September 1, 1990; September
1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1103 HUNTING: FISHING: OR HIKING
Hunting, fishing, or hiking shall not be permitted within
the watershed area.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1104 DISPOSAL OF CARCASSES
The carcass of any dead animal found within the watershed
area of an unfiltered community water system shall be buried by the owner or
person in charge of the animal and by the person owning or in charge of the land
upon which the animal dies with a covering of at least three feet of earth, or
the carcass shall be burned, or removed from the watershed and buried as
required by G.S. 106‑403. In no case shall dead animals be placed in the
reservoir or the tributaries of an unfiltered community water system.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive
public interest Eff. November 23, 2015.
15A NCAC 18C .1105 PROHIBITED CONDUCT ON WATERSHED
No timbering, lumbering, construction, or reforestation
operations shall be permitted on the watershed of an unfiltered public water
system unless the Department determines that the project will provide for the
sanitary and physical protection of the water supply during such operations.
The applicant shall submit a project plan describing the nature and scope of
the project and precautions for protection of the water supply.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; September 1, 1990; September
1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1106 INSPECTION OF WATERSHEDS
The person or company supplying water from the watershed of
an unfiltered source shall employ an adequate number of responsible inspectors
and cause satisfactory inspection of the watershed to be made at least at
quarterly intervals to assure that the watershed area is at all times
maintained in a manner that will promote and insure the sanitary and physical
protection of the supply. A copy of the watershed inspection report shall be
submitted to the Public Water Supply Section, within ten days after completion
of the inspection.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1107 WATERSHED BOUNDARY SIGNS
Signs advising the public of the watershed boundaries and
prohibiting trespassing by all unauthorized persons shall be posted at the
water works intake and along the boundaries and at entrances and accesses throughout
the watershed area of an unfiltered public water system. It shall be the duty
of the watershed inspectors and other water supply officials to see that these
signs are posted and maintained.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1994; September 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1108 CONTINUOUS DISINFECTION OF WATER SUPPLY
The water supply shall be continuously disinfected by means
of chlorination or by other methods approved by the Commission for Public
Health. Equipment shall be provided to assure uninterrupted disinfection.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .1200 ‑ PROTECTION OF FILTERED WATER SUPPLIES
15A NCAC 18C .1201 RECREATIONAL ACTIVITIES
(a) No recreational activities shall be permitted on a
class I or class II reservoir without a resolution by the commission or without
approval by the Department. The Department may approve recreational events on
a class I or class II reservoir which last one day or less upon a showing that
the recreational event will not adversely affect the quality of the water to
the point of rendering it unsuitable as a source for a public water system.
All other recreational activities on a class I or class II reservoir shall be
permitted only upon a resolution by the commission authorizing the activity.
(b) Upon request for such a resolution, the Division shall
make or cause to be made a thorough investigation of the quality of the water
to determine the extent to which the proposed recreational activities would
adversely affect the quality of the water. If, after such investigation, the
Commission for Public Health is of the opinion that the proposed recreational
activities will not adversely affect the quality of the water to the point of
rendering it unsuitable as a source of public water system, the Commission for
Public Health may adopt a resolution authorizing the proposed recreational
activities.
(c) Only those recreational activities specifically
authorized in the resolution will be allowed. No recreational activities shall
be permitted within 50 yards of any public water system intake.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 1985; September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1301 Eff.
April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1202 PROTECTION OF WATER QUALITY
The issuance of a resolution by the Commission for Public
Health for recreational activities on public water supply reservoirs shall be
contingent upon the governing authority establishing provisions for adequate
sanitation facilities, supervision and police control to insure the protection
of the water quality.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1311 Eff.
April 4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1203 MAINTENANCE OF PARKS
Parks or other places of resort for the use and
entertainment of the public which may be established and maintained on a
watershed shall be provided with sanitary facilities for the collection of
garbage and disposal of sewage. Such facilities must not cause deterioration
of water quality. Persons in charge of such facilities must maintain these
facilities at all times in order to prevent the pollution of the public water
system.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1302 Eff.
April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1204 FISHING
(a) Fishing shall not be permitted on any Class I or Class
II public water supply reservoir without a resolution granting permission by
the Commission for Public Health. In order to obtain permission, a written
application shall be submitted by the owner of the water supply to the
Commission for Public Health. Permission shall not be issued until an
investigation has been made by an authorized representative of the Division of Water
Resources and a determination made that fishing in the reservoir shall not
adversely affect the water quality.
(b) The application requesting permission to fish in any
reservoir shall be accompanied by sufficient evidence (such as ordinances
adopted by the applicant) to insure that the following requirements shall be
enforced by the applicant:
(1) Fishing shall be permitted only from boats
owned or controlled by the applicant. Boats will at all times be under the
supervision and jurisdiction of a responsible representative of the applicant.
Bank fishing may be permitted in restricted supervised areas with proper
sanitation facilities when included as a specific, listed activity and approved
by the Commission for Public Health.
(2) A sufficient number of wardens and
watershed inspectors shall be employed at all times to insure that no acts of
urination, defecation, or other acts which would defile the water supply are
committed by any person while fishing in the public water supply reservoir.
(3) A dock shall be provided or controlled by
the applicant for the purpose of docking fishing boats. No boat shall enter or
leave the reservoir except from a ramp owned or controlled by the applicant.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1303 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1205 PERMISSION TO FISH
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1501 Eff.
April 4, 1990;
Repealed Eff. September 1, 1990.
15A NCAC 18C .1206 ENFORCEMENT OF FISHING REQUIREMENTS
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1502 Eff.
April 4, 1990;
Repealed Eff. September 1, 1990.
15A NCAC 18C .1207 ANIMALS IN RESERVOIR
The watering, washing or wallowing of any horses, mules,
cattle, or domestic animals shall not be permitted in any class I or class II
reservoir. The supplier of water may permit domestic animals within 50 feet of
normal pool elevation if the animal is under direct supervision by a person and
the activity is regulated by the supplier of water to ensure that water quality
is not adversely affected.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1304 Eff.
April 4, 1990;
Amended Eff. July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1208 CONTROLLING THE DRAINAGE OF WASTES
Precautions shall be taken on the watershed of class I and
class II reservoirs and water intakes located on unimpounded streams to control
the drainage of wastes from animal and poultry pens or lots, into such sources.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1305 Eff.
April 4, 1990;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1209 UNTREATED DOMESTIC SEWAGE OR INDUSTRIAL
WASTES
No treated or untreated domestic sewage, treated or
untreated industrial waste or by‑products shall be stored on the
watershed of or discharged into any public water supply reservoir or stream
tributary to that reservoir whose waters are classified as WS‑I. No
untreated domestic sewage or industrial waste by‑products shall be
discharged into any public water supply reservoir or stream classified as WS‑II,
WS‑III, WS-IV, or WS-V. No hazardous waste, industrial by‑products,
treated or untreated domestic sewage shall be stored in the watershed of a
Class I or Class II water supply reservoir. No hazardous waste or industrial
by‑products shall be stored in the watershed of a WS‑II, WS‑III,
WS-IV, or WS-V stream unless precautions are taken to prevent its being spilled
into or otherwise entering the raw water supply.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. February 1, 1987;
Transferred and Recodified from 10 NCAC 10D .1306 Eff.
April 4, 1990;
Amended Eff. July 1, 1994; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1210 SEWAGE DISPOSAL
Any residence, place of business or public assembly, located
on a watershed shall be provided with a sanitary means of sewage disposal.
History Note: Authority G.S. 130A‑315; 130A‑320;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1309 Eff.
April 4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1211 GROUND ABSORPTION SEWAGE COLLECTION:
TREATMENT/DISP SYSTEMS
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. February 1, 1987;
Amended Eff. December 1, 1988;
Transferred and Recodified from 10 NCAC 10D .1313 Eff. April
4, 1990;
Amended Eff. July 1, 1994; September 1, 1990;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
15A NCAC 18C .1212 BURIAL OF CARCASSES
The carcass of any dead animal found within the watershed
shall be buried by the owner or person in charge of the animal or the person
owning or in charge of the land upon which the animal dies with a covering of
at least three feet of earth or the carcass shall be burned or removed from the
watershed and buried as required by G.S. 106‑403. In no case shall dead
animals be placed in the reservoir.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified 10 NCAC 10D .1307 Eff. April
4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1213 BURIAL GROUND
No burial ground shall be established on any watershed
within 1,500 feet upstream from a public water supply intake on an unimpounded
stream or within 300 feet of any class I or class II reservoir.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1308 Eff.
April 4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1214 DISPOSAL OF ANY SUBSTANCE
Any person who intends to dispose of or store any substance
that may adversely affect the quality of the water, to the point of rendering
the water unsuitable as a source for a public water system, shall notify the
Division prior to disposal or storage. The notification shall be in writing
and shall list any substances that will be disposed of or stored. No
substances shall be disposed of or stored without the Division's approval. The
owner of the water supply shall be responsible for maintaining surveillance of
the reservoirs and watersheds to insure protection of the water quality and
shall notify the Department of any activities that may endanger water quality.
History Note: Authority G.S. 130A‑315; 130A‑320;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Transferred and Recodified from 10 NCAC 10D .1310 Eff.
April 4, 1990;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .1300 ‑ OPERATION OF
PUBLIC WATER SUPPLIES
Rules .1301 ‑ .1303 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .1301 ‑ .1303); has been
transferred and recodified from Rules .1101 ‑ .1103 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .1101 ‑ .1103),
effective April 4, 1990.
15A NCAC 18C .1301 General requirements
(a) For the purposes of this Section,
(1) A "facility" is defined as any
individual operational unit or a combination of operational units that a public
water system uses in the treatment or distribution of drinking water.
(2) Any "operator" referenced in this
Section shall hold a valid certificate issued by the North Carolina Water
Treatment Facility Operators Certification Board. An "Operator in
Responsible Charge (ORC)" designated for each facility shall hold a grade
of certification corresponding to or higher than the classification of the
facility.
(b) Treatment facility. The supplier of water shall have
an Operator in Responsible Charge (ORC), as required by 15A NCAC 18D .0206.
The ORC or certified treatment facility operator working under the direction of
the ORC shall be familiar with the entire water system, including the
chlorinators, piping and other appurtenances pertaining to the operation of the
treatment plant and the distribution system.
(c) Distribution facility. The collection of distribution
system samples and field measurements required on monthly operation reports,
including residual disinfectant testing in the distribution system in
accordance with Rule .1302(a)(2)(A) of this Section may be performed by a
person under the ORC's direction, subject to the following provisions:
(1) The standard operating procedures plan
prepared in accordance with 15A NCAC 18D .0701(f) shall include procedures for
sampling and for performing residual disinfectant tests and other field
measurements.
(2) In order to report low residual
disinfectant test readings or other problems, the designee shall, at all times,
be able to contact the ORC or certified operator working under the direction of
the ORC, who shall take corrective action as needed to keep the system in
compliance.
History Note: Authority G.S. 90A‑29; 130A‑315;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 2009; July 1, 1994; September 1,
1990; June 30, 1980; September 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1302 TESTS, FORMS
AND REPORTING
(a) Required tests. If a public water system uses
disinfectants or other chemicals for the treatment of water, residual
disinfectant tests and other applicable water quality tests required by this Subchapter
shall be made during every oversight visit to the facility required by Rule
.1303 of this Section. Residual disinfectant concentrations shall be
maintained in accordance with 15A NCAC 18C .2002 and .2201 and shall be tested
as follows:
(1) Residual disinfectant tests at the entry
point. For systems providing treatment, residual disinfectant concentrations
shall be measured in the water entering the distribution system by the operator
during every visit required by Rule .1303(a) of this Section.
(2) Residual disinfectant tests in the
distribution system shall be performed as follows:
(A) Residual disinfectant concentrations shall be
measured weekly at locations that represent maximum residence time of the water
in the distribution system or at other locations with high water age. These
locations shall be designated on the sample siting plan required under 15A NCAC
18C .1534. The number of required weekly tests is shown in Table A below.
Samples collected on the same day must be collected from different locations.
Table A: Measurement
Requirements for Residual Disinfectant Concentrations and Chloramine
Operational Parameters
Distribution System Classification according to
15A NCAC 18D .0205(b)
Minimum Number of Samples Per Week
D
1
C
3
A and B
5
(B) Distribution systems classified as C or D in Table A
may request the Department to reduce the requirements for measuring residual
disinfectant concentrations in the distribution system at the locations that
represent maximum residence time or other locations with high water age as
required in Part (a)(2)(A) of this Rule. The request shall be in writing and
shall demonstrate to the Department that the residual disinfectant
concentrations measured at the entry point in accordance with Subparagraph
(a)(1) of this Rule are sufficient in providing the minimum residual
disinfectant concentrations required under 15A NCAC 18C .2002 and .2201. The
Department shall consider the presence of continuous monitoring, size and
configuration of the distribution system, magnitude of disinfectant degradation
and results of performance studies.
(3) Chloramine Operational Parameters. When
ammonia and chlorine are applied disinfectants, the system shall measure
analytical parameters pertinent to the operation as follows:
(A) Water entering the distribution system. Parameters
to be measured shall, at a minimum, include total chlorine, monochloramine,
free ammonia, and pH and shall be performed daily, while the treatment facility
is in operation.
(B) Water in the distribution system. Parameters to be
measured shall, at a minimum, include total chlorine, monochloramine, free
ammonia, and pH and shall be measured no less often than denoted in Table A.
(b) Forms, Reports and Records. A public water system shall
report and retain records as follows:
(1) Test results shall be documented and
reported monthly on forms and in a format provided by the Department and shall
be signed by the ORC. Copies of report forms may be obtained from the Public
Water Supply Section. The monthly report shall be submitted by the 10th
day of the following month to the Public Water Supply Section.
(2) The forms and reports shall be in an
electronic format provided by the Department for water systems owned or
operated by local governments and all community water systems serving 1,000 or
more service connections or 3,000 or more individuals, regardless of ownership,
effective April 1, 2010. Community water systems serving less than 1,000
service connections and less than 3,000 individuals and all non-transient,
non-community water systems shall report test results in an electronic format
provided by the Department effective October 1, 2010. The Department may waive
the requirement for electronic submission in accordance with G.S. 130A-329.
Requests for waivers shall be submitted in writing to the Department no less
than two months prior to the deadline.
(3) Records documenting compliance with Section
.1300 shall be retained on the premises of the water system for a minimum of
three years.
History Note: Authority G.S. 90A‑29; 130A‑315;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 2009; July 1, 1994; September 1,
1990; February 1, 1987; June 30, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1303 FACILITY OVERSIGHT
(a) Treatment Facility Oversight. At a minimum, the
supplier of water shall ensure that during each oversight visit required by
this Rule the water system's treatment facility receives a routine visual
inspection from the source to the point where water enters the distribution
system; equipment settings are adjusted and chemical feed tanks are filled as
necessary; dates and quantities of chemicals added are recorded; and the
physical and chemical tests required on plant monthly operation reports are
performed. In addition, the supplier of water shall have an ORC, or a
certified treatment facility operator working under the direction of the ORC,
on site as frequently as necessary to ensure compliance with the requirements
of this Section and Subchapter. At least one visit per week shall be performed
by the ORC for the treatment facility or by an operator with a grade of
certification corresponding to or higher than the classification of the
facility. The supplier of water shall provide oversight at a public water
system treatment facility while the facility is in operation, as follows:
(1) Surface Water or Groundwater Under the
Direct Influence (GWUDI) of Surface Water Treatment Facilities. Surface water
or GWUDI systems shall provide an operator as required in 15A NCAC 18D .0206
and shall have the ORC or an operator with a grade of certification
corresponding to or higher than the classification of the facility on-site at
least 20 percent of the time the facility is in operation, as calculated on a
weekly basis.
(2) Ground Water Treatment Facilities. The
requirements for ground water treatment facilities are as follows:
(A) Ground water treatment facilities with any
individual parameter rating value of 10 or higher as classified by 15A NCAC 18D
.0203 shall be visited by an operator daily.
(B) Ground water treatment facilities with all
individual parameter rating values less than 10 as classified 15A NCAC 18D
.0203 shall be visited by an operator as often as necessary to ensure
compliance with the requirements of this Subchapter but no less often than
denoted in Table B below. For the standard frequency of three times per week,
no more than two consecutive days shall pass between operator oversight
visits. For the standard frequency of two times per week, no more than three
consecutive days shall pass between operator oversight visits.
(3) Supplemental Treatment Facilities. The
requirements for supplemental treatment facilities are as follows:
(A) A supplemental treatment facility, including booster
chlorination, is a facility designed to treat water that has previously been
treated to meet standards of the "North Carolina Drinking Water Act."
Supplemental treatment facilities with any individual parameter rating value of
10 or higher as designated by 15A NCAC 18D .0203 shall be visited by an
operator daily.
(B) Supplemental treatment facilities with all
individual parameter rating values less than 10 as designated by 15A NCAC 18D
.0203 shall be visited by an operator as often as necessary to ensure
compliance with the requirements of this Subchapter but no less often than
denoted in Table B below. For the standard frequency of three times per week,
no more than two consecutive days shall pass between operator oversight
visits. For the standard frequency of two times per week, no more than three
consecutive days shall pass between operator oversight visits.
.
Table B: Standard Frequency of
Oversight Visits for Ground Water and Supplemental Treatment Facilities
SYSTEM TYPE
Population size
standard frequency of oversight VISITS
Community
> 10,000
> 3,300 to 9,999
501 to 3,300
500 or fewer
Daily
Five times per week
Three times per week
Two times per week
Non-transient, non-community
> 1,000
1,000 or fewer
Three times per week
Two times per week
Transient, non-community
Any population size
Once per week, unless an ORC is not required by 15A NCAC
18D .0206
(b) Distribution Facility Oversight. Distribution
facilities have no specified standard frequency of oversight visits under this
Section. The distribution facility shall be visited by the operator as
frequently as necessary to operate the facility, provide emergency response and
ensure compliance with the requirements of this Section and Subchapter.
(c) Increased Frequency of Oversight. The requirements for
increasing the frequency of oversight visits are:
(1) A system that fails to maintain any
operational parameter or has any failure of the treatment or distribution
facility that would cause a violation of water quality or treatment standards
of Section .1500 of this Subchapter shall be visited by the operator daily until
the system has returned to compliance, as determined by the Department. Daily
visits shall be required for all systems failing to maintain minimum residual
disinfectant concentrations under Rules .2002 or .2201 of this Subchapter or
maximum residual disinfectant levels under Rule .2008 of this Subchapter until
compliant disinfection levels are restored, regardless of the standard frequency
of oversight visits for that system.
(2) The Department may require additional
operator oversight visits for a system that has a violation of this Subchapter,
an equipment malfunction, a customer complaint, an emergency or other situation
that may affect the ability of the system to comply with the requirements of
this Subchapter. In determining the frequency and duration of increased
oversight visits, the Department shall consider the following:
(A) nature of the malfunction, complaint, emergency or other
situation;
(B) degree of risk to the public health or welfare;
(C) size and type of population exposed;
(D) type of treatment and chemicals used by the water
system;
(E) type, size, and configuration of the distribution
system; and
(F) potential or actual damage to property or the
environment.
(d) Reduced Frequency of Oversight. The Department may
grant written approval to reduce the standard frequency of operator oversight
visits of this Subchapter to not less than once per week if a system can document
compliance with this Subchapter and any of the following:
(1) Equivalent public health protection is
provided through use of remotely controlled continuous monitoring and recording
technology. The recorded data must be reviewed at a minimum of five days a
week. This technology must be capable of contacting the operator 24 hours a
day, seven days a week in case of operational failure, including a loss of
signal.
(2) Equivalent public health protection is
provided by operator visits less frequent than those specified under Part (a)(2)(B)
of this Rule based on a facility's overall contribution to the daily flow of
the water system and the system's proposed alternative plan and schedule.
(3) Equivalent public health protection is
provided through use of process control devices and standard operating
procedures to ensure that no chemical misfeeds can occur and include all of the
following, at a minimum:
(A) wiring of chemical pumps to the well pumps such that
they must operate simultaneously;
(B) devices to regulate chemical feeds such that
overfeeding and underfeeding of chemicals is prevented;
(C) anti-siphoning devices installed to prevent
siphonage of chemicals into the water system;
(D) demonstration that adequate chemical storage and
supply is available to ensure continuous feed between visits; and
(E) equipment is calibrated in accordance with
manufacturers' recommendations but in no case less than once per year.
History Note: Authority G.S. 90A‑29; 130A‑315;
P.L. 93‑523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 2009; July 1, 1994; September 1,
1990; June 30, 1980; September 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1304 WATER SYSTEM OPERATION AND MAINTENANCE
(a) Water systems shall be operated and maintained in
accordance with applicable approved engineering plans and specifications, Water
System Management Plan and Operation and Maintenance Plan.
(b) Water systems shall be operated and maintained in
accordance with 15A NCAC 18D, Rules Governing Water Treatment Facility
Operators, Rule .0206 and G.S. 90A-29.
History Note: Authority G.S. 90A-29; 130A-315; P.L.
93-523;
Temporary Adoption Eff. October 1, 1999;
Eff. August 1, 2000;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .1400 ‑ FLUORIDATION OF PUBLIC WATER SUPPLIES
Rules .1401 ‑ .1409 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .1401 ‑ .1409); has been
transferred and recodified from Rules .0601 ‑ .0609 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .0601 ‑ .0609),
effective April 4, 1990.
15A NCAC 18C .1401 POLICY
Upon receipt of an application from a community water system
to fluoridate its water supply, the Department will approve the application
provided the rules for fluoridation pursuant to this Section are followed.
History Note: Authority G.S. 130A‑316;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; September 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1402 FORMAL APPLICATION
(a) Fluoride shall not be added to a community water system
until a formal application has been submitted to and written approval is
granted by the Secretary of the Department.
(b) Such approval will be considered upon written
application and after adequate investigation has been made to determine if the
policy adopted by the Division has been satisfied and the facilities, their
accuracy and the proposed method of control are satisfactory and meet the
requirements hereafter stated.
(c) The application shall include a resolution by the unit
of local government or the governing body operating the community water
system. The resolution shall state that the local board of health has approved
the proposed fluoridation procedure.
History Note: Authority G.S. 130A‑316;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1993; September 1, 1990; September
1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1403 RESOLUTION
History Note: Authority G.S. 130A‑316;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Repealed Eff. July 1, 1990 in accordance with G.S. 150B‑59(c).
15A NCAC 18C .1404 FEEDING EQUIPMENT
Accurate feeding equipment shall be provided for applying
fluoride. Either gravimetric or volumetric dry‑feed equipment or positive
displacement liquid‑feed equipment with accuracy within five percent
shall be required.
History Note: Authority G.S. 130A‑316;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1405 PROTECTION OF OPERATORS
(a) Special precautions shall be taken to protect the
operators from inhaling fluoride dust when handling this chemical and while
charging the hoppers of the feeders.
(b) Dry feeders shall be equipped with dust collectors
consisting of bag filters operating under positive air pressure and vented to
the outside air.
(c) Each operator who handles fluoride shall be provided
with his individual toxic dust respirator to be used only when handling the
chemical.
(d) When liquid or solution feed equipment is used, special
precautions against siphonage and improper chemical mixing must be provided
after consultation with and approval by the Department.
History Note: Authority G.S. 130A‑316;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1406 CONTROL OF TREATMENT PROCESS
(a) The treatment process shall result in the adjustment of
fluoride ion (F-) in the treated water to 1.0 mg/liter.
(b) A water treatment plant operator certified under 15A
NCAC 18D shall conduct the necessary chemical analyses and supervise
application of the fluoride.
(c) Samples shall be collected and analyzed from points
before and after fluoridation and from one or more points in the distribution
system. The minimum number of control tests required and the number of check
samples to be collected and submitted to the North Carolina State Laboratory of
Public Health for analysis shall be determined by the Department in conjunction
with the State Health Director, based on guidance from the Center for Disease
Control, and considering recommendations from the local health department and
the supplier of water.
(d) The fluoride content of the water shall be determined
in accordance with methods in Rule .1508 of this Subchapter.
(e) Accurate records of the amount of fluoride applied to
the water and the results of all fluoride analyses shall be recorded on forms
approved by the Department and submitted to the Department weekly.
(f) Any fluoridation product used by a water system shall
meet the requirements of Rule .1537 of this Subchapter.
History Note: Authority G.S. 90A-29; 130A‑316;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 2014; July 1, 1994; September 1,
1990; December 17, 1979.
15A NCAC 18C .1407 APPROVAL MAY BE RESCINDED
Failure to thoroughly and effectively carry out the
requirements governing the application of fluoride, or for other good cause,
shall be considered sufficient cause to rescind the approval of the Department and
to withdraw the authorization granted for the permission to add fluoride to a
community water system.
History Note: Authority G.S. 130A‑316;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; September 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1408 SEVERABILITY
History Note: Authority G.S. 130A‑316;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Repealed Eff. July 1, 1990 in accordance with G.S. 150B‑59(c).
15A NCAC 18C .1409 REFERENCE RULES
History Note: Authority G.S. 130A‑316;
Eff. February 1, 1976;
Amended Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. December 17, 1979;
Repealed Eff. September 1, 1990.
SECTION .1500 ‑ WATER QUALITY STANDARDS
15A NCAC 18C .1501 PURPOSE
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1610 Eff.
April 4, 1990;
Repealed Eff. September 1, 1990.
15A NCAC 18C .1502 MONITORING OF CONSECUTIVE PUBLIC WATER
SYSTEMS
(a) When a public water system supplies water to one or
more other public water systems the Department may modify the monitoring
requirements imposed by this Section to the extent that the interconnection of
the systems justifies treating them as a single system for monitoring
purposes. Any modified monitoring shall be conducted pursuant to a schedule
specified by the Department and concurred in by the Administrator of the U.S.
Environmental Protection Agency.
(b) All public water systems which purchase water for
resale and which do not provide any treatment except booster chlorination will
be required to perform bacteriological monitoring in accordance with Rule .1534
of this Section.
(c) The Department may exempt a public water system that
obtains treated water from another public water system serving more than 10,000
persons from conducting compliance monitoring for the organic chemicals under
15A NCAC 18C .1518(a), provided that the system from which the water is
obtained has conducted the analyses required under 15A NCAC 18C .1518(a).
Exempted public water systems which disinfect are required to monitor under 15A
NCAC 18C .1516.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. June 1, 1988;
Transferred and Recodified from 10 NCAC 10D .1628 Eff.
April 4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1503 MICROBIOLOGICAL CONTAMINANT SAMPLING AND
ANALYSIS
15A NCAC 18C .1504 MAXIMUM MICROBIOLOGICAL CONTAMINANT
LEVELS
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. March 1, 1989; December 1, 1988; March 31,
1981; December 19, 1979;
15A NCAC 18C .1503 was Transferred and Recodified from 10
NCAC 10D .1622
Eff. April 4, 1990;
15A NCAC 18C .1504 was Transferred and Recodified from 10
NCAC 10D .1613
Eff. April 4, 1990;
Amended Eff. September 1, 1990;
Repealed Eff. January 1, 1991.
15a ncac 18c .1505 TURBIDITY SAMPLING AND ANALYSIS
The requirements of this Rule shall apply only to public
water systems that use water obtained in whole or in part from surface
sources. The provisions of 40 C.F.R. 141.22 are hereby incorporated by
reference including any subsequent amendments and editions. Copies are
available for public inspection as set forth in Rule .0102 of this Subchapter. Any
dates set forth in the federal rule shall be applicable.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. March 31, 1981; December 19, 1979;
Transferred and Recodified from 10 NCAC 10D .1623 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002; January 1,
1991; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15a ncac 18c .1506 MAXIMUM CONTAMINANT LEVELS FOR TURBIDITY
The requirements of this Rule shall apply to public water
systems that use water obtained in whole or in part from surface water
sources. The provisions of 40 C.F.R. 141.13 are hereby incorporated by
reference including any subsequent amendments and editions. Copies are
available for public inspection as set forth in Rule .0102 of this Subchapter.
Any dates set forth in the federal rule shall be applicable.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1614 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002; January 1,
1991; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1507 CORROSION CONTROL AND LEAD AND COPPER
MONITORING
(a) Control and adjustment of pH shall be provided for
community water systems having water with a pH below 6.5; such control and
adjustment to be approved by the Department. Most waters are corrosive in
varying degrees at pH 6.5 and slightly above, and such waters may have pH
adjustment.
(b) The provisions of 40 C.F.R. 141.42 are hereby
incorporated by reference including any subsequent amendments and editions. Copies
are available for public inspection as set forth in Rule .0102 of this
Subchapter.
(c) The provisions of 40 C.F.R. 141, Subpart I - Control of
Lead and Copper are hereby incorporated by reference including any subsequent
amendments and editions. Copies are available for public inspection as set
forth in Rule .0102 of this Subchapter.
(d) Travel trailer parks, campgrounds, and marina slips
that are community water systems as defined by G.S. 130A-313(10), but do not
serve 25 or more of the same persons more than six months per year, shall be
exempt from the provisions of this Rule.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. October 1, 1982; February 27, 1982;
Transferred and Recodified from 10 NCAC 10D .1621 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; July 1, 1994; October 1, 1992;
December 1, 1991.
15A NCAC 18C .1508 INORGANIC CHEMICAL SAMPLING AND ANALYSIS
The provisions of 40 C.F.R. 141.23 are hereby incorporated
by reference including any subsequent amendments and editions. Copies are
available for public inspection as set forth in Rule .0102 of this Subchapter.
In addition, two or more water systems that are adjacent and are owned or
operated by the same supplier of water and that together serve 15 or more
service connections or 25 or more persons shall conform to the following
sampling schedule:
(a) a water supplier shall submit samples every
three years from each section of the water system supplied from a separate
source, and
(b) travel trailer parks, campgrounds, and
marina slips that are community water systems as defined by G.S. 130A-313(10),
but do not serve 25 or more of the same people more than six months per year
shall monitor as specified for transient non-community water systems.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. March 1, 1989; February 1, 1987; October 1,
1986; April 1, 1983;
Transferred and Recodified from 10 NCAC 10D .1625 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; July 1, 1994; April 1, 1992;
December 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1509 SPECIAL MONITORING FOR SODIUM
(a) Suppliers of water for community water systems shall
collect and analyze one sample per plant at the entry point of the distribution
system for the determination of sodium concentration levels. Samples must be
collected and analyzed annually for systems utilizing surface water sources in
whole or in part, and at least every three years for systems utilizing solely
ground water sources. The minimum number of samples required to be taken by
the system shall be based on the number of treatment plants used by the system,
except that multiple wells drawing raw water from a single aquifer may, with
Department approval, be considered one treatment plant for determining the
minimum number of samples. The supplier of water may be required by the
Department to collect and analyze water samples for sodium more frequently in
locations where the sodium content is variable.
(b) Suppliers of water for community water systems shall
report to the Department the results of the analyses for sodium within the
first 10 days of the month following the month in which the sample results were
received or within the first 10 days following the end of the required
monitoring period as stipulated by the Department, whichever is first. If more
than annual sampling is required, the supplier shall report the average sodium
concentration within 10 days of the month following the month in which the
analytical results of the last sample used for the annual average was received.
(c) The Department shall notify appropriate local health
officials of the sodium levels found in community water systems.
(d) Analyses conducted to determine compliance with this
Rule shall be made in accordance with methods adopted by the United States
Environmental Protection Agency and codified as 40 C.F.R. 141.41(d) that are
hereby incorporated by reference including any subsequent amendments and
editions. Copies are available for public inspection as set forth in Rule .0102
of this Subchapter.
(e) Travel trailer parks, campgrounds, and marina slips
that are community water systems as defined by G.S. 130A-313(10), but do not
serve 25 or more of the same persons more than six months per year shall be
exempt from the provisions of this Rule.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. February 27, 1982;
Transferred and Recodified from 10 NCAC 10D .1636 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; July 1, 1994; September 1,
1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1510 MAXIMUM CONTAMINANT LEVELS FOR INORGANIC
CHEMICALS
(a) The provisions of 40 C.F.R. 141.11 are hereby
incorporated by reference including any subsequent amendments and editions,
except the maximum contaminant level for arsenic shall be regulated as set
forth in Paragraph (c) of this Rule. Copies are available for public inspection
as set forth in Rule .0102 of this Subchapter.
(b) The provisions of 40 C.F.R. 141.62 are hereby
incorporated by reference including any subsequent amendments and editions. Copies are available for public inspection
as set forth in Rule .0102 of this Subchapter.
(c) Effective January 1, 2002, the maximum contaminant
level for arsenic applies to community and non-transient non-community water
systems are as follows:
(1) The maximum contaminant level for arsenic
is 0.010 milligrams per liter, until such time as the USEPA revises the
standard to a level lower than 0.010 milligrams per liter at which time the
more stringent level shall apply.
(2) Sampling, analytical requirements, and
compliance calculations for arsenic shall be conducted as specified for contaminants
in Rule .1508 of this Subchapter.
(3) Certified laboratories must report
quantifiable results down to at least 0.005 milligrams per liter.
History Note: Authority G.S. 130A-315; P.L. 93-523; 40
C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. October 1, 1986; October 1, 1982; April 1,
1982; March 31, 1981;
Transferred and Recodified from 10 NCAC 10D .1616 Eff.
April 4, 1990;
Amended Eff. April 1, 1992;
Temporary Amendment Eff. January 1, 2002;
Amended Eff. April 1, 2014; April 1, 2003;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1511 CONCENTRATION OF IRON
(a) The requirements of this Rule apply only to community
water systems. A community water system which has an iron concentration in
excess of 0.30 mg/l shall provide treatment to control the water quality. Analysis
of samples shall be made on an as needed basis determined by the Department.
Such need basis shall include, but not be limited to, addition of a new well or
other raw water source, approval of a new community water system, approval of
an existing system not previously approved, or problems and complaints of water
quality normally associated with iron concentration.
(b) Travel trailer parks, campgrounds, and marina slips
that are community water systems as defined by G.S. 130A-313(10), but do not serve
25 or more of the same persons more than six months per year shall be exempt
from the provisions of this Rule.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1619 Eff.
April 4, 1990;
Amended Eff. July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1512 CONCENTRATION OF MANGANESE
(a) The requirements of this Rule apply only to community
water systems. A community water system which has a manganese concentration in
excess of 0.05 mg/l shall provide treatment to control the water quality.
Analysis of samples shall be made on an as needed basis determined by the
Department. Such need basis shall include, but not be limited to, addition of
a new well or other raw water source, approval of a new community water system,
approval of an existing system not previously approved, or problems and
complaints of water quality normally associated with manganese concentration.
(b) Travel trailer parks, campgrounds, and marina slips that
are community water systems as defined by G.S. 130A-313(10), but do not serve
25 or more of the same persons more than six months per year shall be exempt
from the provisions of this Rule.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. September 9, 1980;
Transferred and Recodified from 10 NCAC 10D .1620 Eff.
April 4, 1990;
Amended Eff. July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1513 TOTAL TRIHALOMETHANES SAMPLING AND
ANALYSIS: 10,000 OR MORE
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 CFR 141;
Eff. September 30, 1980;
Amended Eff. April 1, 1983;
Transferred and Recodified from 10 NCAC 10D .1635 Eff. April
4, 1990;
Amended Eff. August 1, 2000; August 1, 1990;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
15A NCAC 18C .1514 TREATMENT TECHNIQUES FOR TOTAL
TRIHALOMETHANES
History Note: Authority G.S. 130A‑315; P. L. 93‑523;
40 C.F.R. 141;
Eff. October 1, 1983;
Transferred and Recodified from 10 NCAC 10D .1637 Eff.
April 4, 1990;
Amended Eff. August 1, 1990;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
15a ncac 18c .1515 ORGANIC CHEMICALS OTHER THAN TTHM,
SAMPLING AND ANALYSIS
(a) The requirements of this Rule shall apply to community
and non-transient non-community water systems. The provisions of 40 C.F.R.
141.24 are hereby incorporated by reference including any subsequent amendments
and editions. Copies are available for public inspection as set forth in Rule
.0102 of this Subchapter. Any dates set forth in the federal rule shall be
applicable.
(b) If the result of an analysis made pursuant to Paragraph
(a) of this Rule indicates that the level of any contaminant listed in Rule
.1517 of this Subchapter exceeds the maximum contaminant level, the supplier of
water shall report to the Department within 48 hours and initiate three
additional analyses within one month.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. November 1, 1989; December 1, 1988; June 1,
1988; October 1, 1982;
Transferred and Recodified from 10 NCAC 10D .1624 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002; April 1,
1992; December 1, 1991; September 1, 1990.
15A NCAC 18C .1516 SPECIAL MONITORING FOR INORGANIC AND
ORGANIC CHEMICALS
(a) The provisions of 40 C.F.R. 141.40 are hereby
incorporated by reference including any subsequent amendments and editions,
except that 40 C.F.R. 141.40(n)(10) is not adopted. Copies are available for
public inspection as set forth in Rule .0102 of this Subchapter.
(b) To comply with the monitoring requirements of this Rule,
a community water system or non‑transient, non‑community water
system serving fewer than 150 service connections shall take a single water
sample to be analyzed for inorganic and organic chemicals.
(c) Travel trailer parks, campgrounds, and marina slips
that are community water systems as defined by G.S. 130A-313(10), but do not
serve 25 or more of the same persons more than six months per year shall be
exempt from the provisions of this Rule.
History Note: Authority G.S. 130A-313; 130A‑315;
P.L. 93‑523; 40 C.F.R. 141;
Eff. June 1, 1988;
Amended Eff. November 1, 1989;
Transferred and Recodified from 10 NCAC 10D .1638 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; July 1, 1994; April 1, 1992;
December 1, 1991; August 1, 1990.
15A NCAC 18C .1517 MAXIMUM CONTAMINANT LEVELS FOR ORGANIC
CHEMICALS
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. September 30, 1980;
Transferred and Recodified from 10 NCAC 10D .1615 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; April 1, 1992; August 1,
1990;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
15A NCAC 18C .1518 MAXIMUM CONTAMINANT LEVELS FOR ORGANIC
CONTAMINANTS
The provisions of 40 C.F.R. 141.61 are hereby incorporated
by reference including any subsequent amendments and editions. Copies are
available for public inspection as set forth in Rule .0102 of this Subchapter.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. June 1, 1988;
Transferred and Recodified from 10 NCAC 10D .1639 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; April 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15a ncac 18c .1519 MONITORING FREQUENCY FOR RADIOACTIVITY
(a) The requirements of this Rule shall apply to community
water systems. The provisions of 40 C.F.R. 141.26 are hereby incorporated by
reference including any subsequent amendments and editions. Copies are
available for public inspection as set forth in Rule .0102 of this Subchapter. Any
dates set forth in the federal rule shall be applicable.
(b) An adjacent water system as defined in G.S. 130A-315(b2)
shall conform to the sampling schedule as set in Paragraph (c) of this rule rather
than the schedule set forth in 40 C.F.R. 141.26(a) and (b).
(c) When the Secretary determines that the system is in an
area subject to radiological contamination, a water supplier shall take samples
for the following contaminants:
(1) gross alpha particle activity;
(2) radium‑226;
(3) radium‑228;
(4) uranium; and
(5) man‑made radioactivity from the water
system.
When the sampling is required, a water supplier shall submit
samples every four years from each section of the water system supplied from a
separate source.
(d) Travel trailer parks, campgrounds, and marina slips
that are community water systems as defined by G.S. 130A-313(10), but do not
serve 25 or more of the same persons more than six months per year shall
monitor the same as required by adjacent systems in Paragraph (b) of this Rule.
History Note: Authority G.S. 130A-313; 130A‑315;
P.L. 93‑523; 40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. March 1, 1989; September 9, 1980; December
19, 1979;
Transferred and Recodified from 10 NCAC 10D .1627 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002; July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15a ncac 18c .1520 MAXIMUM CONTAMINANT LEVELS FOR
RADIONUCLIDES
The provisions of 40 C.F.R. 141.66 are hereby incorporated
by reference including any subsequent amendments and editions. Copies are
available for public inspection as set forth in Rule .0102 of this Subchapter.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1617 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002; July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15a ncac 18c .1521 MAXIMUM CONTAMINANT LEVEL goals FOR
RADIONUCLIDES
The provisions of 40 C.F.R. 141.55 are hereby incorporated
by reference including any subsequent amendments and editions. Copies are
available for public inspection as set forth in Rule .0102 of this Subchapter.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1618 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002; July 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15a ncac 18c .1522 ANALYTICAL METHODS FOR RADIOACTIVITY
The provisions of 40 C.F.R. 141.25 are hereby incorporated
by reference including any subsequent amendments and editions. Copies are
available for public inspection as set forth in Rule .0102 of this Subchapter.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. March 31, 1981; March 31, 1980;
Transferred and Recodified from 10 NCAC 10D .1626 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002; September 1,
1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15a ncac 18c .1523 PUBLIC NOTIFICATION REQUIREMENTS
(a) The provisions of 40 C.F.R. 141.32 are hereby
incorporated by reference including any subsequent amendments and editions,
except that multi‑lingual notice shall be given if 30 percent or more of
the consumers served by the system are non‑English speaking. Copies are
available for public inspection as set forth in Rule .0102 of this Subchapter.
(b) The provisions of 40 C.F.R. 141, Subpart Q – Public
Notification of Drinking Water Violations are hereby incorporated by reference
including any subsequent amendments and editions. Copies are available for
public inspection as set forth in Rule .0102 of this Subchapter.
(c) Special notification for distribution system samples.
The requirements of this Paragraph shall be additional to the public notice
requirements in Paragraphs (a) and (b) of this Rule and to the reporting
requirements contained in Rule .1525 of this Subchapter. When a distribution
sample is taken on property not owned or controlled by the supplier of water,
the supplier of water shall notify the person authorizing the sample if any
individual water sample exceeds an action level, maximum contaminant level, or
maximum residual disinfectant level established in this Subchapter, or if any
individual sample is positive for coliform bacteria. The supplier of water
shall give notice to the person authorizing the sample in a format provided by
the Department, as follows:
(1) For a contaminant listed as Tier 1 in
Appendix A to 40 C.F.R. 141, Subpart Q, notice shall be provided by telephone
within 24 hours of receipt of analytical results and shall be followed by
written notice by mail or direct delivery within 48 hours of receipt. The
written notice shall include the analytical results and appropriate health
effects language.
(2) For a contaminant listed as Tier 2 or Tier
3 in Appendix A to 40 C.F.R. 141, Subpart Q, notice shall be provided within 48
hours of receipt of analytical results. Written notice shall be provided by
mail or direct delivery to the person authorizing the sample and shall include
the analytical results and appropriate health effects language.
(3) The supplier of water shall submit a copy
of the written notice and certification of delivery to the Department within 10
days of completing notification.
The person authorizing the sample may waive the notification
required by this Paragraph. The waiver shall be documented in writing and
signed by the authorizing person. The waiver is valid for five years and is
renewable.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. January 1, 1990;
Transferred and Recodified from 10 NCAC 10D .1642 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; October 1, 2006; August 1,
2002; April 1, 1992; December 1, 1991; January 1, 1991; October 1, 1990.
15A NCAC 18C .1524 REPORTING FOR ORGANIC CHEMICALS
(a) The requirements of this Rule only apply to the
contaminants listed in 15A NCAC 18C .1516.
(b) The water supplier for a community water system or non‑transient,
non‑community water system who is required to monitor under 15A NCAC 18C
.1516 shall send a copy of the results of such monitoring within 30 days of
receipt and any public notice under Paragraph (d) of this Rule to the
Department.
(c) The Department shall furnish the following information
to the administrator for each sample analyzed:
(1) Results of all analytical methods, including
negatives;
(2) Name and address of the system that supplied the
sample;
(3) Contaminants;
(4) Analytical methods used;
(5) Date of sample;
(6) Date of analysis.
(d) The water supplier shall notify persons served by the
system of the availability of the results of sampling by including a notice in
the first set of water bills issued after the receipt of the results, or by
written or newspaper notice, within three months. The notice shall identify a
person and telephone number to contact for information on the monitoring
results. For surface water systems, public notice is required only after the
first quarter's monitoring and shall include a statement that additional
monitoring will be conducted for three more quarters with the results available
upon request.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. June 1, 1988;
Amended Eff. November 1, 1989;
Transferred and Recodified from 10 NCAC 10D .1640 Eff.
April 4, 1990.
15a ncac 18c .1525 REPORTING REQUIREMENTS
(a) The requirements of this Rule shall apply to all public
water systems. The provisions of 40 C.F.R. 141.31 are hereby incorporated by
reference including any subsequent amendments and editions. Copies are available
for public inspection as set forth in Rule .0102 of this Subchapter. Any dates
set forth in the federal rule shall be applicable.
(b) When a certified laboratory analyzes a compliance
sample for a supplier of water, the certified laboratory shall report the
results to both the Department and to the supplier of water or his designated
representative within the required periods as set forth in 40 C.F.R. 141.31.
The laboratory reporting to the Department shall include analytical results for
any maximum contaminant level exceedence within the timeframes applicable to
the system owner. Reporting shall be in a format, to include electronic
reporting, provided by the Department and shall be filled out completely.
Should a certified laboratory fail to properly report a compliance sample
result, it shall be the responsibility of the supplier of water to report
results to the Department as required by this Rule.
History Note: Authority G.S. 130A‑315; 40 C.F.R
141;
Eff. September 1, 1979;
Amended Eff. February 1, 1987; October 1, 1984; March 31,
1981; March 31, 1980;
Transferred and Recodified from 10 NCAC 10D .1631 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002; January 1,
1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15a ncac 18c .1526 RECORD MAINTENANCE
The provisions of 40 C.F.R. 141.33 are hereby incorporated
by reference including any subsequent amendments and editions. Copies are
available for public inspection as set forth in Rule .0102 of this Subchapter.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1632 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1527 CERTIFIED LABORATORIES
(a) For the purpose of determining compliance with the
requirements of this Section, samples may be considered only if they have been
analyzed by a laboratory certified by the Division of Laboratory Services Laboratory
Certification Branch. However, measurements for turbidity, free chlorine
residual, temperature and pH may be performed by any person who has been
instructed in the appropriate procedure by the Department or a certified
laboratory. Measurements may also be performed by a person who holds a valid
certificate issued by the North Carolina Water Treatment Facility Operators
Board of Certification.
(b) Nothing in this Section shall be construed to preclude
the Department or any duly designated representative from taking samples or
from using the results from such samples to determine compliance by a supplier
of water with the applicable requirements of this Section.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. March 31, 1981;
Transferred and Recodified from 10 NCAC 10D .1629 Eff.
April 4, 1990;
Amended Eff. April 1, 1992; September 1, 1990.
15A NCAC 18C .1528 ALTERNATE ANALYTICAL TECHNIQUES
With the written permission of the Secretary, concurred in by
the Administrator of the U.S. Environmental Protection Agency, an alternate
analytical technique may be employed. An alternate technique shall be
acceptable only if it is substantially equivalent to the prescribed test in
both precision and accuracy as it relates to the determination of compliance
with any maximum contaminant level. The use of the alternate analytical
technique shall not decrease the frequency of monitoring required by this
Section.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. March 31, 1981;
Transferred and Recodified from 10 NCAC 10D .1630 Eff.
April 4, 1990.
15A NCAC 18C .1529 POINT‑OF‑ENTRY AND OTHER
TREATMENT DEVICES
(a) Public water systems may use point‑of‑entry
devices to comply with maximum contaminant levels only if they meet the
requirements of this Rule.
(b) The water supplier shall operate and maintain the point‑of‑entry
treatment system.
(c) The water supplier shall develop a monitoring plan and
obtain department approval of the plan before point‑of‑entry
devices are installed for compliance. The approved plan shall provide health
protection equivalent to central water treatment. "Equivalent" means
that the water would meet all maximum contaminant levels in this Subchapter and
would be of an acceptable quality similar to water distributed by a well
operated central treatment plant. In addition to monitoring for volatile
organic chemicals, monitoring shall include physical measurements and
observations such as total flow treated and mechanical condition of the
treatment equipment.
(d) Effective technology shall be properly applied under a
plan approved by the Department and the microbiological safety of the water
must be maintained as follows:
(1) Certification of performance, field testing, and,
if not included in the certification process, an engineering design review of
the point‑of‑entry devices shall be provided; and
(2) The tendency for increase in heterotrophic
bacteria concentrations in water treated with activated carbon shall be
considered in the design and application of the point‑of‑entry
devices. Frequent backwashing, post‑contactor disinfection, and
Heterotrophic Plate Count monitoring shall be used when necessary to ensure
that the microbiological safety of the water is not compromised.
(e) Every building connected to the system shall have a
point‑of‑entry device installed, maintained, and adequately
monitored. The rights and responsibilities of the public water system consumer
shall be conveyed with title upon sale of property.
(f) Public water systems shall not use bottled water or
point‑of‑use devices to achieve compliance with a maximum
contaminant level. Bottled water or point‑of‑use devices may be
used on a temporary basis to avoid an unreasonable risk to health.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. June 1, 1988;
Transferred and Recodified from 10 NCAC 10D .1641 Eff.
April 4, 1990;
Amended Eff. September 1, 1990.
15A NCAC 18C .1530 CONSTRUCTION
This Section shall be construed as enabling the State of
North Carolina to undertake primary responsibility for the enforcement of the
federal act.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1611 Eff.
April 4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1531 SITING REQUIREMENTS
(a) Any person constructing or modifying a public water
system shall to the extent practicable, avoid locating all or part of a new or
expanded facility at a site which:
(1) is subject to a significant risk from earthquakes,
floods, fires or other disasters which could cause a breakdown of the public
water system or a portion thereof; or
(2) except for intake structures, is within the
floodplain of a 100‑year flood or is lower than any recorded high tide
where appropriate records exist.
(b) Additional requirements concerning the siting of raw
water intakes shall be found in 15A NCAC 18C .0602.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Amended Eff. March 31, 1980;
Transferred and Recodified from 10 NCAC 10D .1612 Eff.
April 4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1532 VARIANCES AND EXEMPTIONS
The provisions of 40 C.F.R. 141.4 are hereby adopted by
reference in accordance with G.S. 150B‑14(c).
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .1634 Eff.
April 4, 1990;
Amended Eff. January 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1533 TOTAL TRIHALOMETHANES SAMPLING AND
ANALYSIS: LESS THAN 10,000
History Note: Authority G.S. 130A‑315;
Eff. August 1, 1990;
Amended Eff. July 1, 1994;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
15A NCAC 18C .1534 COLIFORM SAMPLING
(a) The provisions of 40 C.F.R. 141.21 are hereby
incorporated by reference including any subsequent amendments and editions. Copies
are available for public inspection as set forth in Rule .0102 of this
Subchapter. The provisions are incorporated with the following exceptions:
(1) the provision of 40 C.F.R. 141.21(a)(2)
concerning the reduction of monitoring frequency for community water systems
serving 25 to 1,000 persons is not adopted;
(2) the provision of 40 C.F.R. 141.21(b)(3)
concerning collection of large volume repeat samples in containers of any size
is not adopted; and
(3) the provision of 40 C.F.R. 141.21(c)(2)
concerning waiver of the 24‑hour limit for re‑sampling is not
adopted.
(b) An adjacent water system shall submit samples monthly
from each section of the water system supplied from a separate source. The
minimum number of samples each month per section is based on the population
served by the section and shall be determined by the table in 40 C.F.R.
141.21(a)(2).
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141.21;
Eff. January 1, 1991;
Amended Eff. April 1, 2014; February 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1535 MAXIMUM CONTAMINANT LEVELS FOR COLIFORM
BACTERIA
(a) The provisions of 40 C.F.R. 141.63 are hereby adopted
by reference in accordance with G.S. 150B‑14(c).
(b) The provisions of 40 C.F.R. 141.52 are hereby adopted
by reference in accordance with G.S. 150B‑14(c).
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141.52; 40 C.F.R. 141.63;
Eff. January 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1536 TREATMENT TECHNIQUES
The provisions of 40 C.F.R. 141. Subpart K are hereby
incorporated by reference including any subsequent amendments and editions. Copies
are available for public inspection as set forth in Rule .0102 of this
Subchapter.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141;
Eff. April 1, 1992;
Amended Eff. April 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1537 DRINKING WATER ADDITIVES
(a) The standards set forth in American National Standards
Institute/NSF International, codified at ANSI/NSF Standard 60 and ANSI/NSF
Standard 61, are hereby incorporated by reference including any subsequent
amendments and editions. Copies are available for public inspection as set
forth in Rule .0102 of this Subchapter.
(b) A water supply product used in a public water system
shall meet the standards incorporated by reference in Paragraph (a) of this
Rule. A product certified by an organization having a third-party
certification program accredited by the American National Standards Institute
to test and certify such products is acceptable for use in a public water
system.
(c) A supplier of water shall maintain a list of all water
supply products used in a public water system for inspection by the
Department. Prior to using a product not previously listed, a supplier of
water shall either determine the product is certified as required by Paragraph
(b) of this Rule or notify the Department of the type, name and manufacturer of
a product.
(d) A supplier of water shall not introduce or permit the
introduction of a water supply product into a public water system which does
not meet the requirements of this Rule.
History Note: Authority G.S. 130A-315; P.L. 93-523;
Eff. July 1, 1994;
Amended Eff. April 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1538 CONSUMER CONFIDENCE REPORT
(a) The provisions of 40 C.F.R. 141, Subpart O - Consumer
Confidence Reports are hereby incorporated by reference including any
subsequent amendments and editions. Copies are available for public inspection as
set forth in Rule .0102 of this Subchapter.
(b) Travel trailer parks, campgrounds, and marina slips
that are community water systems as defined by G.S. 130A-313(10), but do not
serve 25 or more of the same persons more than six months per year shall be
exempt from the provisions of this Rule.
History Note: Authority G.S. 130A-313; 130A-315; P.L.
93-523; 40 C.F.R. 141;
Eff. August 1, 2000;
Amended Eff. April 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1539 REVISED TOTAL COLIFORM RULE
The provisions of 40 C.F.R. 141, Subpart Y - Revised Total
Coliform Rule are hereby incorporated by reference including any subsequent amendments
and editions. Copies are available for public inspection as set forth in Rule
.0102(a) and (b) of this Subchapter.
History Note: Authority G.S. 130A‑315;
Eff. July 1, 2015.
SECTION .1600 ‑ VARIANCES AND EXEMPTIONS
15A NCAC 18C .1601 REQUIREMENTS FOR A VARIANCE
(a) The Secretary may grant one or more variances to any
public water system within the state from any requirement respecting a maximum
contaminant level of an applicable rule of 15A NCAC 18C Section .1500 upon a
finding that:
(1) Because of characteristics of the raw water
sources which are reasonably available to the system, the system cannot meet
the requirements respecting the maximum contaminant levels of such drinking
water regulations despite application of the best technology, treatment
techniques, or other means, which the Secretary, with the concurrence of the
administrator, finds are generally available (taking costs into consideration);
and
(2) The granting of a variance will not result
in an unreasonable risk to the health of persons served by the system.
(b) The Secretary may grant one or more variances to any
public water system within the state from any requirement of a specified
treatment technique of an applicable rule of 15A NCAC 18C Section .1500 upon
finding that the public water system applying for the variance has demonstrated
that such treatment technique is not necessary to protect the health of persons
because of the nature of the raw water source of such systems.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. September 1, 1979;
Amended Eff. December 19, 1979;
Transferred and Recodified from 10 NCAC 10D .2501 Eff.
April 4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1602 VARIANCE REQUEST
A supplier of water may request a variance for a public
water system by submitting a written request to the Secretary. Suppliers of
water may submit a joint request for variances when they seek similar variances
under similar circumstances. A request for a variance or variances shall
include the following information:
(1) the nature and duration of variance requested;
(2) relevant analytical results of water quality
sampling of the system, including results of relevant tests conducted pursuant
to the rules of 15A NCAC 18C Section .1500;
(3) for any request made under .1601(a) of this
Section:
(a) explanation in full and evidence of the best
available treatment technology and techniques;
(b) economic and legal factors relevant to
ability to comply;
(c) analytical results of raw water quality
relevant to ability to comply;
(d) a proposed compliance schedule, including
the date each step toward compliance will be achieved; Such schedule shall
include as a minimum the following dates:
(i) date by which arrangement for alternative
raw water source or improvement of existing raw water source will be completed,
(ii) date of initiation of the connection of the
alternative raw water source or improvement of existing raw water source,
(iii) date by which final compliance is to be
achieved;
(e) a plan for the provision of safe drinking
water in the case of an excessive rise in the contaminant level for which the
variance is requested;
(f) a plan for interim control measures during
the effective period of variance;
(4) for any request made under .1601(b) of this
Section, a statement that the system will perform monitoring and other
reasonable requirements prescribed by the Secretary as a condition to the
variance;
(5) other information, if any, believed to be pertinent
by the applicant;
(6) such other information as the Secretary may
require.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .2502 Eff.
April 4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1603 CONSIDERATION OF A VARIANCE REQUEST
(a) The Secretary shall act on any variance request
submitted pursuant to .1602 of this Section within 90 days of receipt of the
request.
(b) In consideration of whether the public water system is unable
to comply with a contaminant level required by 15A NCAC 18C Section .1500
because of the nature of the raw water source, the Secretary shall consider
such factors as the following:
(1) the availability and effectiveness of
treatment methods for the contaminant for which the variance is requested;
(2) cost and other economic considerations such
as implementing treatment, improving the quality of the source water or using
an alternate source.
(c) In consideration of whether a public water system should
be granted a variance to a required treatment technique because such treatment
is unnecessary to protect the public health, the Secretary shall consider such
factors as the following:
(1) quality of the water source including water
quality data and pertinent sources of pollution,
(2) source protection measures employed by the
public water system.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .2503 Eff.
April 4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1604 DISPOSITION OF A VARIANCE REQUEST
(a) If the Secretary decides to deny the application for a
variance, the applicant shall be notified of the intention to issue a denial.
Such notice shall include a statement of reasons for the proposed denial.
Within 30 days after the receipt of such notice, the applicant may request a
hearing for the purpose of contesting the proposed denial. Such hearing shall
be conducted in the manner set forth in G.S. 150B‑22 through 150B‑37.
If no hearing is requested by the applicant within the 30 day period, the
application shall be denied.
(b) If the Secretary proposes to grant a variance request
submitted pursuant to .1602 of this Section, the applicant shall be notified of
the decision in writing. Such notice shall identify the variance, the facility
covered, and shall specify the period of time for which the variance will be
effective:
(1) For the type of variance specified in
.1601(a) of this Section, such notice shall provide that the variance will be
terminated when the system comes into compliance with the applicable
regulation, and may be terminated upon a finding by the Secretary that the
system has failed to comply with any requirements of a final schedule issued
pursuant to .1605 of this Section.
(2) For the type of variance specified in
.1601(b) of this Section, such notice shall provide that the variance may be
terminated at any time upon a finding that the nature of the raw water source
is such that the specified treatment technique for which the variance was
granted is necessary to protect the health of persons or upon a finding that
the public water system has failed to comply with monitoring and other
requirements prescribed by the Secretary as a condition to the granting of the
variance.
(c) For a variance specified in .1601(a)(1) of this
Section, the Department shall propose a schedule for:
(1) compliance (including increments of
progress) by the public water system with each contaminant level requirement
covered by the variance, and
(2) implementation by the public water system
of such control measures as the Department may require for each contaminant
covered by the variance.
(d) The proposed schedule for compliance shall specify
dates by which steps towards compliance are to be taken, including at the
minimum, where applicable:
(1) date by which arrangement for an
alternative raw water source or improvement of existing raw water source will
be completed,
(2) date of initiation of the connection for
the alternative raw water source or improvement of the existing raw water
source,
(3) date by which final compliance is to be
achieved.
(e) The proposed schedule may, if the public water system
has no access to an alternative raw water source, and can effect or anticipate
no adequate improvement of the existing raw water source, specify an indefinite
time period for compliance until a new and effective treatment technology is
developed at which time a new compliance schedule shall be prescribed by the
Secretary.
(f) The proposed schedule for implementation of interim
control measures during the period of variance shall specify interim treatment
techniques, methods and equipment, and dates by which steps toward meeting the
interim control measures are to be met.
(g) The schedule shall be prescribed by the secretary
within one year after the granting of the variance, subsequent to provision of
opportunity for hearing pursuant to .1605 of this Section.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .2504 Eff.
April 4, 1990;
Amended Eff. September 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1605 PUBLIC HEARINGS ON VARIANCES AND
SCHEDULES
(a) Before a variance or a schedule proposed by the
Secretary pursuant to Rule.1604 of this Section may take effect, the Secretary
shall provide notice and opportunity for public hearing on the variance or
schedule. Such notice may cover the granting of more than one variance, and a
hearing held pursuant to such notice shall include each of the variances
covered by that notice.
(b) Public notice of an opportunity for hearing on a
variance or schedule shall be circulated in a manner designed to inform
interested and potentially interested persons of the proposed variance or
schedule and shall include the following minimum requirements:
(1) posting of a notice in the principal post
office of each municipality or area served by the public water system, and
publishing of a notice in a newspaper or newspapers of general circulation in
the area served by the public water system;
(2) mailing of a notice to the Public Water
Supply Section, Division of Water Resources and to other appropriate state or
local agencies at the Department's discretion; and
(3) such notice shall include a summary of the
proposed variance or schedule and shall inform interested persons that they may
request a public hearing on the proposed variance or schedule.
(c) Requests for hearing may be submitted by any interested
person. Frivolous or insubstantial requests for hearing may be denied by the
Secretary. Requests shall be submitted to the Secretary within 30 days after
issuance of the public notice provided for in Paragraph (b) of this Rule. Such
requests shall include the following information:
(1) the name, address and telephone number of
the individual, organization or other entity requesting a hearing;
(2) a brief statement of the interest of the individual,
organization or other entity making the request in the proposed variance or
schedule and of information that the requestor intends to submit at such
hearing; and
(3) the signature of the individual making the
request or if the request is made on behalf of an organization or other entity,
the signature of a responsible official of the organization or other entity.
(d) Any hearing held pursuant to a request submitted by an individual,
organization or other entity or on the Secretary's own motion shall be
conducted in the manner set forth in G.S. 150B‑22 through 150B‑37.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .2505 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; September 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1606 VARIANCES FOR FLUORIDE
(a) The following shall be the best technology, treatment
techniques or other means generally available for achieving compliance with the
maximum contaminant level for fluoride:
(1) Activated alumina absorption, centrally
applied,
(2) Reverse osmosis, centrally applied.
(b) The Division shall require a community water system to
install and/or use any treatment method identified in (a) of this Rule as a
condition for granting a variance unless it is determined that such a treatment
method is not available and effective for fluoride control for the system. A
treatment method shall not be available and effective for a water system if the
method would not be technically appropriate and technically feasible. If upon application
for a variance it is determined that no treatment method is available and
effective then the water system shall be entitled to a variance. A
determination of availability and effectiveness of treatment methods shall be
based upon studies by the water system and other relevant information. A
finding shall be made by the Division whether the information supports a
decision that a treatment method is not available and effective before
requiring installation and use of the treatment method.
(c) The Division shall issue a compliance schedule that may
require the water system to examine the following treatment methods to
determine the probability that any method will significantly reduce the level
of fluoride and to determine whether any method is technically feasible and
economically reasonable and that the fluoride reduction obtained will be
commensurate with the costs incurred with installation and use of the treatment
methods:
(1) Modification of lime softening;
(2) Alum coagulation;
(3) Electrodialysis;
(4) Anion exchange resins;
(5) Well field management;
(6) Alternate source; and
(7) Regionalization.
(d) If the Division determines that a treatment method
identified in (c) of this Rule or any other treatment method is technically
feasible, economically reasonable, and will achieve fluoride reductions
commensurate with the costs incurred with the installation and use of such
treatment method for the system, the Division shall require the system to
install and/or use that treatment method in connection with a compliance
schedule. The determination shall be based upon studies by the system and
other relevant information.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. October 1, 1986;
Transferred and Recodified from 10 NCAC 10D .2512 Eff.
April 4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15a ncac 18c .1607 VARIANCES AND EXEMPTIONS FOR CHEMICALS,
LEAD AND COPPER, AND RADIONUCLIDES
(a) The provisions of 40 C.F.R. 142.62 are hereby
incorporated by reference including any subsequent amendments and editions. Copies
are available for public inspection as set forth in Rule .0102 of this
Subchapter.
(b) The provisions of 40 C.F.R. 142.65 are hereby
incorporated by reference including any subsequent amendments and editions. Copies
are available for public inspection as set forth in Rule .0102 of this
Subchapter.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 142;
Eff. June 1, 1988;
Transferred and Recodified from 10 NCAC 10D .2514 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002; October 1,
1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1608 REQUIREMENTS FOR AN EXEMPTION
The Secretary may exempt any public water system in the
state from any requirement respecting a maximum contaminant level or any
treatment technique requirement, or from both, of an applicable rule of this Subchapter
upon a finding that:
(1) Due to compelling factors (which may include
economic factors), the public water system is unable to comply with such
contaminant level or treatment technique requirement;
(2) The public water system was in operation on the
effective date of federal promulgation of such contaminant level or treatment
technique requirement; and
(3) The granting of the exemption will not result in an
unreasonable risk to health.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. September 1, 1979;
Amended Eff. December 19, 1979;
Transferred and Recodified from 10 NCAC 10D .2506 Eff.
April 4, 1990;
Amended Eff. July 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1609 EXEMPTION REQUEST
A supplier of water may request an exemption for a public
water system by submitting a written request to the Secretary. Suppliers of
water may submit a joint request for exemptions when they seek similar
exemptions under similar circumstances. Any request for an exemption or
exemptions shall include the following information:
(1) the nature and duration of exemption requested;
(2) relevant analytical results of water quality
sampling of the system, including results of relevant tests conducted pursuant
to the requirements of the drinking water regulations;
(3) explanation of the compelling factors such as time
or economic factors which prevent such system from achieving compliance;
(4) other information, if any, believed by the
applicant to be pertinent to the application;
(5) a proposed compliance schedule, including the date
when each step toward compliance will be achieved;
(6) such other information as the Secretary may
require.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .2507 Eff.
April 4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1610 CONSIDERATION OF AN EXEMPTION REQUEST
(a) The Secretary shall act on any exemption request
submitted pursuant to .1609 of this Section within 90 days of receipt of the
request.
(b) In consideration of whether the public water system is
unable to comply due to compelling factors, the Secretary shall consider such
factors as the following:
(1) construction, installation, or modification
of treatment equipment or systems;
(2) the time needed to put into operation a new
treatment facility to replace an existing system which is not in compliance;
(3) economic feasibility of compliance.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .2508 Eff. April
4, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1611 DISPOSITION OF AN EXEMPTION REQUEST
(a) If the Secretary decides to deny the application for an
exemption, the applicant shall be notified of the intention to issue a denial.
Such notice shall include a statement of reasons for the proposed denial.
Within 30 days after the receipt of such notice, the applicant may request a
hearing for the purpose of contesting the proposed denial. Such hearing shall
be conducted in the manner set forth in G.S. 150B‑22 through 150B‑37.
If no hearing is requested by the applicant within the 30 day period, the
application shall be denied.
(b) If the Secretary grants an exemption request submitted
pursuant to .1609 of this Section, the applicant shall be notified of the
decision in writing. Such notice shall identify the facility covered and shall
specify the termination date of the exemption. Such notice shall provide that
the exemption will be terminated when the system comes into compliance with the
applicable rule, and may be terminated upon a finding by the Secretary that the
system has failed to comply with any requirements of a final schedule issued
pursuant to .1613 of this Section.
(c) The Secretary shall propose a schedule for:
(1) compliance (including increments of
progress) by the public water system with each contaminant level requirement
and treatment technique requirement covered by the exemption, and
(2) implementation by the public water system
of such control measures as the Secretary may require for each contaminant
covered by the exemption.
(d) The schedule shall be prescribed by the secretary
within one year after the granting of the exemption, subsequent to provision of
opportunity for hearing pursuant to .1612 of this Section.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .2509 Eff.
April 4, 1990;
Amended Eff. September 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1612 PUBLIC HEARINGS ON EXEMPTION SCHEDULES
(a) Before a schedule proposed by the Secretary pursuant to
Rule.1611 of this Section may take effect, the Secretary shall provide notice
and opportunity for public hearing on the schedule. Such notice may cover the
proposal of more than one such schedule and a hearing held pursuant to such
notice shall include each of the schedules covered by the notice.
(b) Public notice of an opportunity for hearing on an
exemption schedule shall be circulated in a manner designed to inform
interested and potentially interested persons of the proposed schedule, and
shall include the following minimum requirements:
(1) posting of a notice in the principal post
office of each municipality or area served by the public water system, and
publishing a notice in the newspaper or newspapers of general circulation in
the area served by the public water system;
(2) mailing of a notice to the Public Water
Supply Section, Division of Water Resources and to other appropriate state or
local agencies at the Secretary's discretion; and
(3) such notices shall include a summary of the
proposed schedule and shall inform interested persons that they may request a
public hearing on the proposed schedule.
(c) Requests for hearing may be submitted by any interested
person. Frivolous or insubstantial requests for hearing may be denied by the
Secretary. Requests shall be submitted to the Secretary within 30 days after
issuance of the public notices provided for in Paragraph (b) of this Rule. Such
requests shall include the following information:
(1) the name, address and telephone number of
the individual, organization or other entity requesting a hearing;
(2) a brief statement of the interest of the individual,
organization or other entity making the request in the proposed schedule and of
information that the requestor intends to submit at such hearing; and
(3) the signature of the individual making the
request, or, if the request is made on behalf of an organization or other
entity, the signature of a responsible official of the organization or other
entity.
(d) Any hearing held pursuant to a request submitted by an individual,
organization or other entity or on the Secretary's own motion shall be
conducted in the manner set forth in G.S. 150B‑22 through 150B‑37.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. September 1, 1979;
Transferred and Recodified from 10 NCAC 10D .2510 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; December 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1613 FINAL SCHEDULE
(a) Within a reasonable time after the termination of a
hearing conducted in the manner set forth in G.S. 150B‑22 through 150B‑37,
the Secretary shall, based upon consideration of the hearing record as a whole,
revise the proposed schedule as necessary and prescribe the final schedule for
compliance and interim measures for the public water system granted an
exemption under .1609 of this Section.
(b) Such schedule shall require compliance by the public
water system with each contaminant level and treatment technique requirement
prescribed by:
(1) regulations in 15A NCAC 18C Section .1500
adopted on or before September 1, 1979, by no later than January 1, 1981; and
(2) amendments to 15A NCAC 18C adopted after
September 1, 1979, by no later than seven years after the effective date of the
revised National Primary Drinking Water Regulations.
(c) If the public water system has entered into an
enforceable agreement to become a part of a regional public water system, as
determined by the Secretary, such schedule shall require compliance by the
public water system with each contaminant level and treatment technique
requirement prescribed by:
(1) regulations in 15A NCAC 18C Section .1500
adopted on or before September 1, 1979, by no later than January 1, 1983; and
(2) amendments to 15A NCAC 18C Section .1500
adopted after September 1, 1979, by no later than nine years after the
effective date of the revised National Primary Drinking Water Regulations.
History Note: Authority G.S. 130A‑315; 130A‑321;
P.L. 93‑523; 40 C.F.R. 142;
Eff. September 1, 1979;
Amended Eff. December 19, 1979;
Transferred and Recodified from 10 NCAC 10D .2511 Eff.
April 4, 1990;
Amended Eff. September 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1614 BOTTLED WATER AND POINT‑OF‑USE
DEVICES
The provisions of 40 C.F.R. 142.57 are hereby incorporated
by reference including any subsequent amendments and editions. Copies are
available for public inspection as set forth in Rule .0102 of this Subchapter.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 142;
Eff. June 1, 1988;
Transferred and Recodified from 10 NCAC 10D .2513 Eff.
April 4, 1990;
Amended Eff. April 1, 2014; October 1, 1992; December 1,
1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
section .1700 – water supply system grants
15A NCAC 18C .1701 PURPOSE
15A NCAC 18C .1702 GRANT COMMITMENTS FROM CURRENT
ALLOCATION
15A NCAC 18C .1703 COUNTY ALLOCATIONS COMMITTED BEFORE
STATEWIDE ALLOCATION
15A NCAC 18C .1704 REFERENCE RULE
History Note: Authority S.L. 1971, Ch. 909, as amended
by S.L. 1973, Ch. 232; S.L. 1977, Ch. 677;
Eff. June 30, 1978;
Repealed Eff. April 1, 2014.
SECTION .1800 ‑ LOCAL PLAN APPROVAL
Rules .1801 ‑ .1805 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .1801 ‑ .1805); has been
transferred and recodified from Rules .2601 ‑ .2605 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .2601 ‑ .2605),
effective April 4, 1990.
15A NCAC 18C .1801 LOCAL APPROVAL PROGRAM
This Section implements G.S. 130A‑317(d) which
authorizes the certification of local programs for approval of the construction
or alteration of the distribution system of a community water system. For
purposes of this Section, distribution system means the network of pipes,
valves, hydrants and related appurtenances but does not include pumps, storage
tanks, treatment devices, wells or other facilities.
History Note: Authority G.S. 130A‑317; 1985 S.L.,
c. 697, s. 3;
Eff. January 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1802 APPLICATION FOR CERTIFICATION
Application for certification shall be made to the Public
Water Supply Section, Division of Water Resources, 1634 Mail Service Center,
Raleigh North Carolina 27699-1634. Application shall be submitted in
triplicate and shall designate the office or agency which will administer the
program.
History Note: Authority G.S. 130A‑317; S.L.
1985-697, s. 3;
Eff. January 1, 1986;
Amended Eff. April 1, 2014; December 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1803 CERTIFICATION
The Department shall certify a local approval program which
satisfies the requirements of G.S. 130A‑317(d). The requirements of G.S.
130A‑317(d)(4) are satisfied when a local approval program provides by
ordinance or local law for enforcement provisions equivalent to G.S. 130A‑18
and G.S. 130A‑25. The requirements of G.S. 130A‑317(d)(5) are
satisfied when a local approval program has a minimum staff and other resources
of: a designer who is a professional engineer registered in this state and
whose duty is to devote the time necessary for an effective local approval
program; a technical staff, budget, equipment and facilities sufficient to
support a design engineering office; and an organizational structure sufficient
to carry out this purpose.
History Note: Authority G.S. 130A‑317; 1985 S.L.,
c. 697, s. 3;
Eff. January 1, 1986;
Amended Eff. February 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1804 NOTICE
(a) A local approval program shall submit notice to the
Department of each approval of the construction or alteration of the
distribution system of a community water system. The notice shall consist of
one copy of the application with construction plans, any revisions made to the
plans and the final approval letter.
(b) The local approval program shall provide notice to the
department within 10 days of any change in staff, budget or other resources
which may affect the ability to effectively carry out the plan review program.
(c) Upon completion of the construction or alteration of
the distribution system, the applicant shall submit a statement to the local
approval program signed by a registered professional engineer stating that
construction was completed in substantial accordance with approved plans and
specifications and revised only in accordance with 15A NCAC 18C .0306. The
statement shall be based upon adequate observations during and upon completion
of construction by the engineer or a representative of the engineer's office
supervised by the engineer. The local approval program shall provide a copy of
the statement to the Department.
History Note: Authority G.S. 130A‑317; 1985 S.L.,
c. 697, s. 3;
Eff. January 1, 1986;
Amended Eff. December 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1805 DEPARTMENTAL ENFORCEMENT
If the Department determines that a community water system
is violating local approval requirements and the local approval program has not
enforced its requirements, the Department may, after written notice, to the
local program, enforce the requirements in accordance with provisions of G.S.
130A‑17 through 130A‑28.
History Note: Authority G.S. 130A‑317; 1985 S.L.,
c. 697, s. 3;
Eff. January 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive
public interest Eff. November 23, 2015.
SECTION .1900 ‑ ADMINISTRATIVE PENALTIES
Rules .1901 ‑ .1913 of Title 15A Subchapter 18C of the
North Carolina Administrative Code (T15A.18C .1901 ‑ .1913); has been
transferred and recodified from Rules .2401 ‑ .2413 Title 10 Subchapter
10D of the North Carolina Administrative Code (T10.10D .2401 ‑ .2413),
effective April 4, 1990.
15A NCAC 18C .1901 DEFINITIONS
As used in the following rules, the term:
(1) "Delegate" means any person to whom the
Department has delegated authority in writing to act in its stead in relation
to civil penalties;
(2) "Hearing officer" means the presiding
officer in a contested case hearing;
(3) "Respondent" means the person against
whom a penalty has been assessed.
History Note: Authority G.S. 130A‑22(f);
Eff. September 1, 1979;
Amended Eff. May 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1902 ADMINISTRATIVE PENALTIES
The following rules provide the procedures and standards
governing the assessment, remission, mitigation and appeal of administrative
penalties imposed by the Department or its delegates under G.S. 130A‑22(b)
for violations of the North Carolina Drinking Water Act, Article 10 of Chapter
130A and 15A NCAC 18C.
History Note: Authority G.S. 130A‑22(f);
Eff. September 1, 1979;
Amended Eff. April 1, 2014; October 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1903 WHO MAY ASSESS PENALTIES
Administrative penalties may be assessed by the Department
or its delegate.
History Note: Authority G.S. 130A‑22(f);
Eff. September 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1904 WHEN PENALTIES MAY BE ASSESSED
Administrative penalties may be assessed against any person
for violations as described in G.S. 130A‑325.
History Note: Authority G.S. 130A‑22(f);
Eff. September 1, 1979;
Amended Eff. October 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1905 AMOUNT OF PENALTY ASSESSMENT
(a) An administrative penalty may not exceed the amount
which may be assessed for violations as prescribed in G.S. 130A‑22(b).
(b) Each day of a continuing violation shall constitute a
separate violation.
(c) Each violation of a specific provision of Article 10 of
Chapter 130A, the rules issued thereunder, and any order pursuant thereto,
shall be a separate violation.
History Note: Authority G.S. 130A‑22(f);
Eff. September 1, 1979;
Amended Eff. October 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1906 CONSIDERATIONS IN ASSESSING
ADMINISTRATIVE PENALTIES
In determining the amount of the assessment, the Department
or its delegates shall consider the following criteria and shall cite the
provisions that are applicable:
(1) nature of the violation and the degree and extent
of the harm, including the following:
(a) for a violation of the North Carolina
Drinking Water Act, Article 10 of Chapter 130A, and the rules in this
Subchapter:
(i) type of violation,
(ii) type of contaminant involved,
(iii) duration,
(iv) cause (whether resulting from a negligent,
reckless or intentional act, or omission),
(v) potential effect on public health and the
environment,
(vi) effectiveness of responsive measures taken
by the violator,
(vii) damage to private property, and
(viii) size of the water system and population
exposed;
(b) for a violation of an order issued under the
North Carolina Drinking Water Act, Article 10 of Chapter 130A:
(i) subject matter of order,
(ii) duration,
(iii) cause (whether resulting from a negligent,
reckless or intentional act, or omission),
(iv) type of violation, if any,
(v) potential effect on public health and the environment,
and
(vi) effectiveness of responsive measures taken
by violator;
(c) for refusing to allow an authorized
representative of the Commission for Public Health, any local board of health,
or the Department a right of entry as provided for in G.S. 130A‑17:
(i) type of other violation, if any,
(ii) duration of refusal, and
(iii) potential effect on public health and the
environment;
(d) for failure to give adequate public notice
as required by G.S. 130A‑324:
(i) inadequacy of type of notice,
(ii) misleading in nature,
(iii) delay in providing notice, and
(iv) potential effect on public health from
failure to give adequate notice;
(2) cost of rectifying any damage; and
(3) the violator's previous record in complying or not
complying with the North Carolina Drinking Water Act, Article 10 of Chapter
130A and the rules in this Subchapter.
History Note: Authority G.S. 130A‑22(f); 130A-17;
130A-324;
Eff. September 1, 1979;
Amended Eff. April 1, 2014; October 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1907 PROCEDURE FOR ASSESSMENT
(a) Depending on the violation involved, the Department or
its delegates may issue a notice of penalty assessment immediately or grant the
violator a period of time within which to cease the violation.
(b) For all violations for which a penalty is assessed, a
notice of such action shall be sent to the respondent by registered or
certified mail. The notice shall describe the nature of the violation with
reasonable particularity, the amount of the penalty for each violation, that
each day of a continuing violation constitutes a separate violation, advise
that the penalty is now due or that it will become due at the end of a
specified time, and advise the respondent of his rights of appeal.
(c) The Department or its delegates may modify a penalty
upon finding that additional or different facts should have been considered in
determining the amount of the assessment.
History Note: Authority G.S. 130A‑22(f);
Eff. September 1, 1979;
Amended Eff. May 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1908 IMMINENT HAZARD
If violation of the rules or law presents an imminent hazard
to the public health as determined by the Secretary, an order may be issued
pursuant to G.S. 130A‑322.
History Note: Authority G.S. 130A‑22(f);
Eff. September 1, 1979;
Amended Eff. October 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1909 PAYMENTS: HEARING
(a) Within 30 days after receipt of notification of a
penalty assessment, the respondent must tender payment, or submit in writing a
request for an administrative hearing. All appeals shall be made in accordance
with G.S. 150B.
(b) Payment may be tendered in conjunction with a hearing
request and in such case, the payment will be accepted as conditional upon
final action.
(c) This Rule shall not preclude informal conferences
concerning the penalty assessed.
(d) Whenever an administrative hearing is scheduled, to
avoid undue costs and delay, the respondent will be required to state all the
issues in dispute and the Department will be required to hold only one
administrative hearing.
(e) The Department will acknowledge the receipt of all
payments.
History Note: Authority G.S. 130A‑22(f);
Eff. September 1, 1979;
Amended Eff. May 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1910 STAY OF PENALTY ASSESSMENT
When an administrative hearing is requested for a purpose
other than remission or mitigation of the penalty assessed, the penalty will be
stayed as of the date of said request until service of the final decision or
other settlement of the matter.
History Note: Authority G.S. 130A‑22(f);
Eff. September 1, 1979;
Amended Eff. May 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1911 WAIVER OF ADMINISTRATIVE HEARING
A respondent waives his right to a hearing when he:
(1) submits a written waiver to the Department or its
delegates of his right to an administrative hearing,
(2) fails to request a hearing within 30 days of
receipt of notice of penalty assessment as provided for in Rule .1909 of this
Subchapter, or
(3) fails to attend a scheduled administrative hearing.
History Note: Authority G.S. 130A‑22(f);
Eff. September 1, 1979;
Amended Eff. May 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1912 REFERRAL
If any administrative penalty as finally assessed is not
paid within 60 days after receipt of notice of penalty assessment where no
administrative hearing was requested or within 60 days after service of a
written copy of the decision as provided for in G.S. 150B‑36 where an
administrative hearing was requested, the Secretary shall request the Attorney
General to commence an action to recover the amount of the assessment.
History Note: Authority G.S. 130A‑22(f);
Eff. September 1, 1979;
Amended Eff. September 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .1913 RIGHT OF ENTRY AND INSPECTION
(a) Any supplier of water or other person subject to
drinking water regulations shall, at any time, allow the Secretary, or a
designated representative, upon presenting appropriate credentials and a written
notice of inspection, to enter any establishment, facility or other property of
such supplier or other person to determine whether such supplier or other
person has acted or is acting in compliance with the requirements of the North
Carolina Drinking Water Act (G.S. 130A‑311 through 130A‑328) or the
rules of 15A NCAC 18C. Such inspection may include inspection, at reasonable
times, of records, files, papers, processes, controls and facilities, or
testing of any feature of a public water system, including its raw water
source.
(b) If entry is refused, then the Secretary or designated
representative may obtain an administrative search warrant pursuant to the
requirements of G.S. 15‑27.2.
History Note: Authority G.S. 130A‑22(f);
Eff. December 19, 1979;
Amended Eff. October 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .2000 ‑ FILTRATION AND DISINFECTION
15A NCAC 18C .2001 GENERAL REQUIREMENTS
The provisions of 40 C.F.R. 141.70 are hereby adopted by
reference in accordance with G.S. 150B‑14(c).
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141.70;
Eff. January 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .2002 DISINFECTION
The provisions of 40 C.F.R. 141.72 are hereby adopted by
reference in accordance with G.S. 150B-21.6 including subsequent amendments and
editions. Copies are available for public inspection as set forth in Rule .0102
of this Subchapter. These provisions are adopted with the following
exceptions:
(1) Water entering the distribution system. In 40
C.F.R. 141.72 (a)(2), (a)(3), and (b)(2), "0.2 mg/l" of residual
disinfectant concentration shall be replaced with "0.2 mg/l measured as
free chlorine when chlorine is the singular applied disinfectant and 1.0 mg/l
measured as total chlorine when ammonia and chlorine are applied
disinfectants."
(2) Water in the distribution system at coliform
sampling sites. In 40 C.F.R. 141.72(a)(4) and (b)(3), "undetectable"
shall be replaced with "less than 0.2 mg/1 measured as free chlorine when
chlorine is the singular applied disinfectant and less than 1.0 mg/l measured
as total chlorine when ammonia and chlorine are applied disinfectants."
(3) Water in the distribution system at maximum
residence time sites. For samples collected at maximum residence time sites or
at other locations with high water age as required by Rule .1302(a)(2) of this
Subchapter, residual disinfectant concentrations shall be at detectable levels
as set forth and calculated in 40 C.F.R. 141.72(a)(4) and (b)(3).
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141.72;
Eff. January 1, 1991;
Amended Eff. April 1, 2014; October 1, 2009;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15a ncac 18c .2003 FILTer Backwash Recycling Rule
(a) The requirements of this Rule shall apply to a public
water system that uses a surface water source or a groundwater source under the
direct influence of surface water. The provisions of 40 C.F.R. 141.73 are
hereby incorporated by reference including any subsequent amendments and
editions. Copies are available for public inspection as set forth in Rule .0102
of this Subchapter. Any dates set forth in the federal rule shall be
applicable.
(b) The requirements of this Rule shall apply to a public
water system that uses a surface water source or a groundwater source under the
direct influence of surface water; uses direct or conventional filtration processes;
and recycles spent filter backwash water, sludge thickener supernatant, or
liquids from dewatering processes. The provisions of 40 C.F.R. 141.76 are
hereby incorporated by reference including any subsequent amendments and
editions. Copies are available for public inspection as set forth in Rule .0102
of this Subchapter. Any dates set forth in the federal rule shall be
applicable.
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141.73; 40 C.F.R. 141.76;
Eff. January 1, 1991;
Amended Eff. April 1, 2014; August 1, 2002;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .2004 ANALYTICAL AND MONITORING REQUIREMENTS
The provisions of 40 C.F.R. 141.74 are hereby adopted by
reference in accordance with G.S. 150B‑21.6 including subsequent
amendments and editions. Copies are available for public inspection as set forth
in Rule .0102 of this Subchapter. These provisions are adopted with the
following exceptions:
(1) The residual disinfectant concentration of the
water entering the distribution system shall be monitored continuously, and the
lowest value shall be recorded each day, except that if there is a failure in
the continuous monitoring equipment, grab sampling every four hours may be
conducted in lieu of continuously monitoring, but for no more than five working
days following the failure of the equipment. Systems serving 3,300 or fewer
persons may take grab samples in lieu of providing continuous monitoring on an
ongoing basis at the frequency of every four hours that water is being treated.
(2) In 40 C.F.R. 141.74, "0.2 mg/l" of
residual disinfectant concentration shall be replaced with "0.2 mg/l
measured as free chlorine when chlorine is the singular applied disinfectant
and 1.0 mg/l measured as total chlorine when ammonia and chlorine are applied
disinfectants."
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141.74;
Eff. January 1, 1991;
Amended Eff. April 1, 2014; October 1, 2009;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .2005 CRITERIA FOR AVOIDING FILTRATION
The provisions of 40 C.F.R. 141.71 are hereby adopted by
reference in accordance with G.S. 150B‑14(c).
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141.71;
Eff. January 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .2006 REPORTING AND RECORD KEEPING
REQUIREMENTS
The provisions of 40 C.F.R. 141.75 are hereby adopted by
reference in accordance with G.S. 150B-21.6 including subsequent amendments and
editions. Copies are available for public inspection as set forth in Rule .0102
of this Subchapter. These provisions are adopted with the following
exception: In 40 C.F.R. 141.75, "0.2 mg/l" of residual disinfectant
concentration shall be replaced with "0.2 mg/l measured as free chlorine
when chlorine is the singular applied disinfectant and 1.0 mg/l measured as
total chlorine when ammonia and chlorine are applied disinfectants."
History Note: Authority G.S. 130A‑315; P.L. 93‑523;
40 C.F.R. 141.75;
Eff. January 1, 1991;
Amended Eff. April 1, 2014; October 1, 2009;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .2007 ENHANCED FILTRATION AND DISINFECTION
(a) Public water systems shall respond to the Department in
writing to significant deficiencies outlined in sanitary survey reports no
later than 45 days after receipt of the report, indicating how and on what
schedule the system will address significant deficiencies noted in the survey.
(b) Public water systems shall take necessary steps to
address significant deficiencies identified in sanitary survey reports if such
deficiencies are within the control of the public water system and its
governing body.
(c) Sanitary survey means an onsite review by the Department
of the water source (identifying sources of contamination using results of
source water assessments where available), facilities, equipment, operation,
maintenance, and monitoring compliance of a public water system to evaluate the
adequacy of the system, its sources and operations and the distribution of safe
drinking water.
(d) Significant deficiency means a defect in a system's
design, operation, or maintenance, as well as any failures or malfunctions of
its treatment, storage, or distribution system, that is causing or has the
potential to cause the introduction of contamination into water delivered to
customers.
(e) When a public water system is required to conduct a
comprehensive performance evaluation (CPE) pursuant to this Subchapter, the CPE
shall include:
(1) assessment of water treatment plant
performance;
(2) evaluation of major unit processes;
(3) identification and prioritization of
performance limiting factors;
(4) assessment of the applicability of
comprehensive technical assistance; and
(5) a written CPE report.
The public water system shall participate in a comprehensive
technical assistance (CTA) activity when the Department determines, based on
the CPE results, there is a potential for improved water treatment performance
and the public water system is able to receive and implement technical
assistance. During the CTA phase, the public water system shall use the CPE
results to identify and systematically address factors limiting performance of
its water treatment plant; further, the public water system shall implement
process control priority-setting techniques, and maintain long-term involvement
in training staff and administrators.
(f) The provisions of 40 C.F.R. 141, Subpart P - Enhanced
Filtration and Disinfection - (Systems Serving 10,000 or More People), and
Subpart T - Enhanced Filtration and Disinfection - (Systems Serving Fewer than
10,000 People) and the provisions of 40 C.F.R. 141, Subpart W- Enhanced
Treatment for Cryptosporidium are hereby incorporated by reference including
any subsequent amendments and editions. Copies are available for public inspection
as set forth in Rule .0102 of this Subchapter.
History Note: Authority G.S. 130A-315; P.L. 93-523; 40
C.F.R. 141
Eff. August 1, 2000;
Amended Eff. April 1, 2014; October 1, 2009; November 1,
2005;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .2008 DISINFECTANTS AND DISINFECTION
BYPRODUCTS
(a) The provisions of 40 C.F.R. 141.53 are hereby
incorporated by reference including any subsequent amendments and editions. Copies
are available for public inspection as set forth in Rule .0102 of this
Subchapter.
(b) The provisions of 40 C.F.R. 141.54 are hereby
incorporated by reference including any subsequent amendments and editions. Copies
are available for public inspection as set forth in Rule .0102 of this
Subchapter.
(c) The provisions of 40 C.F.R. 141.64 are hereby
incorporated by reference including any subsequent amendments and editions. Copies
are available for public inspection as set forth in Rule .0102 of this
Subchapter.
(d) The provisions of 40 C.F.R. 141.65 are hereby
incorporated by reference including any subsequent amendments and editions. Copies
are available for public inspection as set forth in Rule .0102 of this
Subchapter.
(e) The provisions of 40 C.F.R. 141, Subpart L-
Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors,
and the provisions of 40 C.F.R. 141, Subparts U-Initial Distribution System
Evaluations and Subpart V - Stage 2 Disinfection Byproducts Requirements are
hereby incorporated by reference including any subsequent amendments and
editions. Copies are available for public inspection as set forth in Rule
.0102 of this Subchapter.
(f) Travel trailer parks, campgrounds, and marina slips
that are community water systems as defined by G.S. 130A-313(10), but do not serve
25 or more of the same persons more than six months per year shall be regulated
as transient non-community water systems for the purpose of this Rule.
History Note: Authority G.S. 130A-313; 130A-315; P.L.
93-525; 40 C.F.R. 141;
Eff. August 1, 2000;
Amended Eff. April 1, 2014; October 1, 2009; August 1,
2002;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .2100 ‑ OPERATING PERMITS
15A NCAC 18C .2101 PERMITS
(a) Operating permits are required for all community water
systems as of January 1, 1992.
(b) Permits shall be valid from January 1 through December
31 of each year.
(c) Community water systems which are constructed or which
begin operation after January 1, 1992 shall obtain a permit prior to providing
water to any connections. The permit shall be effective on the date that water
service to the first customer begins and shall be valid until December 31 of
each year issued. The annual fee shall be prorated on a monthly basis for
permits obtained after January 1 of each year.
History Note: Authority G.S. 130A‑328;
Temporary Adoption Eff. January 22, 1992 for a Period of
180 Days to Expire on July 19, 1992;
Eff. April 1, 1992;
Amended Eff. July 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .2102 APPLICATION FOR PERMIT
(a) An application for the issuance or renewal of an
operating permit for a community water system shall be made on forms provided
by the Department. An application shall include the following information:
(1) name and identification number of the
community water system;
(2) name, address, and social security number
or tax identification number of the supplier of water;
(3) name, address, and certification number of
the certified operator in responsible charge of the community water system;
(4) name of each certified laboratory which
provides analyses of water samples; and
(5) population served by the community water
system.
(b) The fee for issuance or renewal of an operating permit
is set forth in G.S. 130A‑328.
(c) Payment shall be made by check, payable to the
Department of Environment and Natural Resources and shall accompany the
application.
(d) Applications for operating permits shall not be
processed prior to the receipt of the required fees.
(e) An operating permit shall be renewed annually.
(f) The supplier of water who holds a current operating
permit shall inform the Department of any change of address or transfer of
ownership within 30 days of the change.
History Note: Authority G.S. 130A‑328;
Temporary Adoption Eff. January 22, 1992 for a Period of
180 Days to Expire on July 19, 1992;
Eff. April 1, 1992;
Amended Eff. April 1, 2014; July 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .2103 INITIAL PERMIT PERIOD
History Note: Authority G.S. 130A‑328;
Temporary Adoption Eff. January 22, 1992 for a Period of
180 Days to Expire on July 19, 1992;
Eff. April 1, 1992;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
15A NCAC 18C .2104 RENEWAL FEES
Payment for permit renewal shall be due 60 days prior to the
expiration of the prior year's permit. Failure to pay the fee by the permit
expiration date shall result in assessment of an administrative penalty
pursuant to G.S. 130A‑22(b) equal to one‑half of the fee set forth
in G.S. 130A‑328. Failure to pay the fee and the administrative penalty
within 45 days after permit expiration shall result in an additional
administrative penalty of ten dollars ($10.00) per day for each day that the
fee and the penalty are not paid.
History Note: Authority G.S. 130A‑328;
Temporary Adoption Eff. January 22, 1992 for a Period of
180 Days to Expire on July 19, 1992;
Eff. April 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .2105 REVOCATION
(a) The Department may revoke or suspend an operating
permit when it is found that a supplier of water has:
(1) Failed to pay the annual fee;
(2) Failed to submit a complete permit
application or provided fraudulent or misleading information in a permit
application; or
(3) Failed to comply with rules governing
community water systems set forth in 15A NCAC 18C.
(b) Action to revoke or suspend an operating permit shall
not preclude the Department from seeking other remedies authorized by Part 2,
Article 1 of Chapter 130A of the General Statutes.
History Note: Authority G.S. 130A‑328;
Temporary Adoption Eff. January 22, 1992 for a Period of
180 Days to Expire on July 19, 1992;
Eff. April 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .2200 - GROUND WATER SYSTEMS
15 A NCAC 18C .2201 APPLICABILITY AND RESIDUAL DISINFECTANT
CONCENTRATIONS
(a) Applicability. The provisions of this Section apply to
all ground water systems. A ground water system is defined as any public water
system that uses ground water including a consecutive system receiving finished
ground water. A ground water system does not include public water systems that
combine all of their ground water with surface water or with ground water under
the direct influence of surface water prior to treatment under Subpart H.
(b) Disinfection. Systems providing chemical disinfection
in accordance with 15A NCAC 18C .0402(j) shall measure residual disinfectant
concentrations. The locations and concentrations shall be as follows:
(1) Water entering the distribution system. The
residual disinfectant concentration shall not be less than 0.2 mg/1 measured as
free chlorine when chlorine is the singular applied disinfectant and shall not
be less than 1.0 mg/l measured as total chlorine when ammonia and chlorine are
applied disinfectants for more than two consecutive daily visits for systems
that are collecting grab samples and not more than four hours for systems that
perform continuous monitoring.
(2) Water in the distribution system at
Coliform Sampling Sites. The residual disinfectant concentration shall not be
less than 0.2 mg/1 measured as free chlorine when chlorine is the singular
applied disinfectant and shall not be less than 1.0 mg/l measured as total chlorine
when ammonia and chlorine are applied disinfectants.
(3) Water in the distribution system at Maximum
Residence Time Sites. Systems shall measure residual disinfectant
concentrations at maximum residence time sites or at other locations with high
water age. The residual disinfectant concentrations at these locations shall be
at detectable levels as set forth and calculated in 40 C.F.R. 141.72(a)(4) and
(b)(3).
History Note: Authority G.S. 130A-315; P.L. 93-523;
Eff. October 1, 2009;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
15A NCAC 18C .2202 GROUND WATER RULE
The provisions of 40 C.F.R. 141, Subpart S – Ground Water
Rule are hereby incorporated by reference including any subsequent amendments
and editions. Copies are available for public inspection as set forth in Rule
.0102 of this Subchapter. The provisions are incorporated with the following
exceptions:
(1) Fecal indicator for source water monitoring. When
systems are required to conduct triggered source water monitoring or assessment
source water monitoring under 40 C.F.R. 141.402 (a) and (b) respectively, any
of the following three fecal indicators can be used: E. coli, enterococci, or
coliphage.
(2) Corrective Action Alternatives. Ground water
systems that are required to implement corrective action in accordance with 40
C.F.R. 141.403(a)(6) must determine that alternatives (a)(6)(i), (a)(6)(ii),
and (a)(6)(iii) are not feasible before implementing alternative (a)(6)(iv).
The rationale for selection of alternative (a)(6)(iv) must be documented in
accordance with Rule .0307(b)(10) of this Subchapter.
(3) Assessment Source Water Monitoring. The Department
shall use information from the Public Water Supply Section's database and from
its Source Water Assessment Program to identify sources subject to assessment
source water monitoring. Systems notified by the Department must commence
assessment source water monitoring for the sources identified. The system
shall conduct assessment source water monitoring for any source that receives
physical or chemical treatment and possesses any one of the following
characteristics:
(a) Any source subject to the requirements of
G.S. 130A-317(b) and rules in this Subchapter for which the public water system
did not receive approval from the Department for construction or alteration.
(b) Source is deemed by the Source Water
Assessment Program to have a Higher Inherent Vulnerability Rating and the
system has historical total or fecal coliform MCL violations during the
compliance periods between January 1, 2005 and December 31, 2008.
(c) Source is deemed by the Source Water
Assessment Program to have a Higher Inherent Vulnerability Rating and the
system has total or fecal coliform monitoring violations cited for more than 25
percent of the compliance periods between January 1, 2005 and December 31,
2008.
(4) Any system shall perform assessment source
water monitoring as directed by the Department in response to deficiencies
identified by a sanitary survey that are related to source or treatment.
Assessment source water monitoring shall be conducted in accordance with the
requirements specified in 40 C.F.R. 141.402(b)(1) through (6) using any of the
following three fecal indicators: E. coli, enterococci, or coliphage.
History Note: Authority G.S. 130A-315; 130A-317; P.L.
93-523; 40 C.F.R. 141 Subpart S;
Eff. October 1, 2009;
Amended Eff. April 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
