Reports.oah.state.nc.us
CHAPTER 18 - ENVIRONMENTAL HEALTH
SUBCHAPTER 18A - SANITATION
SECTION .0100 – HANDLING, PACKING, AND SHIPPING OF CRUSTACEA MEAT
RULES .0101 - .0133 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .0101 - .0133); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .0701 - .0733 TITLE 10 SUBCHAPTER 10B OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10B .0701 - .0733), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .0101 DEFINITIONS
15A NCAC 18A .0102 REQUIREMENTS FOR OPERATION
15A NCAC 18A .0103 PLANTS AND GROUNDS
15A NCAC 18A .0104 FLOORS, WALLS, AND CEILINGS
15A NCAC 18A .0105 ANIMAL AND VECTOR CONTROL MEASURES
15A NCAC 18A .0106 LIGHTING
15A NCAC 18A .0107 VENTILATION
15A NCAC 18A .0108 WATER SUPPLY
15A NCAC 18A .0109 PLUMBING AND RELATED FACILITIES
15A NCAC 18A .0110 SEWAGE DISPOSAL
15A NCAC 18A .0111 CONSTRUCTION OF UTENSILS AND EQUIPMENT
15A NCAC 18A .0112 GENERAL CLEANLINESS
15A NCAC 18A .0113 CLEANING OF BUILDING AND EQUIPMENT
15A NCAC 18A .0114 BACTERICIDAL TREATMENT OF UTENSILS AND EQUIPMENT
15A NCAC 18A .0115 STORAGE OF EQUIPMENT
15A NCAC 18A .0116 RECEIVING OF CRUSTACEA
15A NCAC 18A .0117 COOKING
15A NCAC 18A .0118 COOLING
15A NCAC 18A .0119 PICKING AND PACKING
15A NCAC 18A .0120 FREEZING
15A NCAC 18A .0121 CRUSTACEA SCRAP DISPOSAL
15A NCAC 18A .0122 SINGLE-SERVICE CONTAINERS
15A NCAC 18A .0123 REFRIGERATION
15A NCAC 18A .0124 HEALTH AND CLEANLINESS OF PERSONNEL
15A NCAC 18A .0125 SUPERVISION
15A NCAC 18A .0126 MICROBIOLOGICAL STANDARDS
15A NCAC 18A .0127 PASTEURIZATION PROCESS CONTROLS - THERMOMETERS
15A NCAC 18A .0128 PREPARATION OF CRUSTACEA MEAT
15A NCAC 18A .0129 PASTEURIZATION OF CRUSTACEA MEAT
15A NCAC 18A .0130 LABELING OF PASTEURIZED CRUSTACEA MEAT
15A NCAC 18A .0131 SEVERABILITY
15A NCAC 18A .0132 APPEALS PROCEDURE
History Note: Authority G.S. 130A-230;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1991; September 1, 1990; December 1, 1987; July 1, 1985, 1980;
Repealed Eff. October 1, 1992.
15A NCAC 18A .0133 REFERENCE
History Note: Authority G.S. 130A-230;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1985;
Repealed Eff. September 1, 1990.
15A NCAC 18A .0134 DEFINITIONS
The following definitions shall apply to this Section; however, nothing in this Section shall be construed as expanding or restricting the definitions in G.S. 106-129 and G.S. 106-130:
(1) "Adulterated" as defined in G.S. 106-129 shall include the following:
(a) any cooked crustacea or crustacea meat that does not comply with the rules in this Section;
(b) any cooked crustacea or crustacea meat that exceeds the bacteriological standards in Rule .0182 of this Section; or
(c) any cooked crustacea or crustacea meat that has been deemed to be an imminent hazard.
(2) "Clean" means free from dirt, debris, dust, marks, stains, waste materials, litter, or foreign material.
(3) "Code date" means the date legibly placed on the container to indicate the date that the product was packed.
(4) "Cook" means to prepare or treat raw crustacea by heating.
(5) "Critical control point" means a point, step, or procedure in a food process at which a control can be applied and a food safety hazard can, as a result, be prevented, eliminated, or reduced to acceptable levels.
(6) "Critical limit" means the maximum or minimum value to which a biological, chemical, or physical parameter shall be controlled at a critical control point to prevent, eliminate, or reduce to an acceptable level the occurrence of the identified food safety hazard.
(7) "Crustacea meat" means the meat of crabs, lobster, shrimp, or crayfish.
(8) "Division" means the Division of Marine Fisheries.
(9) "Easily cleanable" has the same meaning as defined in the 2017 U.S. Food Code. This definition is incorporated by reference not including subsequent amendments and editions. A copy of the reference material can be found at , at no cost.
(10) "Food-contact surface" means the parts of equipment, including auxiliary equipment, that may be in contact with the food being processed, or that may drain into the portion of equipment with which food is in contact.
(11) "Food safety hazard" means any biological, chemical, or physical property that may cause a food to be unsafe for human consumption.
(12) "Foreign" means any place or location outside the United States.
(13) "Fresh crustacea" means a live, raw, or frozen raw crab, lobster, shrimp, or crayfish that shows no decomposition.
(14) "Good repair" means maintained in order to function as designed and without defect.
(15) "HACCP plan" means a written document that delineates the procedures a dealer follows to implement food safety controls.
(16) "Hazard analysis critical control point (HACCP)" means a system of inspection, control, and monitoring measures initiated by a dealer to identify microbiological, chemical, or physical food safety hazards that are likely to occur in shellfish products produced by the dealer.
(17) "Imminent hazard" has the same meaning as defined in G.S. 130A-2.
(18) "Internal temperature" means the temperature of the product as opposed to the ambient temperature.
(19) "Misbranded" as defined in G.S. 106-130 shall include any container of cooked crustacea or crustacea meat that is not labeled in compliance with the rules in this Section.
(20) "Most probable number (MPN)" means a statistical estimate of the number of bacteria per unit volume and is determined from the number of positive results in a series of fermentation tubes.
(21) "Operating season" means the season of the year during which a crustacea product is processed.
(22) "Pasteurization" means the process of heating every particle of crustacea meat in a hermetically-sealed container to a temperature of at least 185° F (85° C) and holding it continuously at or above this temperature for at least one minute at the geometric center of a container in equipment being operated in compliance with the Process Validation Study Report. The term includes any other process that has been found equally effective by the Division.
(23) "Pasteurization date" means a code legibly placed on the container to indicate the date that the product was pasteurized.
(24) "Process Validation Study Report" means a report of tests that shows a piece of equipment can produce time-temperature results as required by the rules of this Section, and the procedures required to achieve such results.
(25) "Processing" means any of the following operations when carried out in conjunction with the cooking of crustacea or crustacea meat: receiving, refrigerating, air-cooling, picking, packing, repacking, thermal processing, or pasteurizing.
(26) "Repacker" means a facility that repacks cooked crustacea meat into other containers.
(27) "Responsible individual" means the individual present in a cooked crustacea facility who is the apparent supervisor of the cooked crustacea facility at the time of the inspection. If no individual is the apparent supervisor, then any employee is the responsible individual.
(28) "Retort" means a pressure vessel used to cook raw crustacea.
(29) "Sanitize" has the same meaning as defined in 21 CFR 110.3, which is incorporated by reference including subsequent amendments and editions. A copy of the reference material can be found at , at no cost.
(30) "Thermal processing" means the heating of previously cooked crustacea or crustacea meat to a desired temperature for a specified time at the geometric center of a container in equipment being operated in compliance with the Process Validation Study Report.
History Note: Authority G.S. 106-129; 106-130; 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Amended Eff. August 1, 2000; August 1, 1998; February 1, 1997;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0135 PERMITS
(a) It shall be unlawful to operate a processing facility without first obtaining a Crustacea Permit and Certificate of Compliance from the Division of Marine Fisheries.
(b) Application for a permit shall be submitted in writing to the Division. Application forms may be obtained from the Division, P.O. Box 769, 3441 Arendell Street, Morehead City, NC 28557.
(c) No permit shall be issued by the Division until an inspection by the Division shows that the facility and equipment comply with applicable rules of this Section. The owner or responsible person shall sign the completed inspection sheet to acknowledge receipt of the inspection sheet.
(d) The permit shall be posted in a conspicuous place in the facility.
(e) All permits shall expire on March 31 of each year and are non-transferrable.
(f) Plans and specifications for proposed new construction, expansion of operations, or changes in operating processes shall be submitted to the Division for review and approval prior to beginning construction or making a change.
(g) A permit may be revoked or suspended in accordance with 15A NCAC 03O .0504.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. March 15, 2023.
15A NCAC 18A .0136 APPLICABILITY OF RULES
The rules in this Section shall apply to the operation of all facilities and persons permitted in Rule .0135 of this Section and all other businesses and persons that buy, sell, transport, or ship cooked crustacea or crustacea meat that has not been transformed into another product.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Amended Eff. April 1, 1997;
Readopted Eff. August 23, 2022.
15A NCAC 18A .0137 GENERAL REQUIREMENTS FOR OPERATION
(a) During the operating season the processing portion of the facility shall be used for no purpose other than the processing of cooked crustacea or crustacea meat.
(b) Retail sales of cooked crustacea or crustacea meat shall not be made from any processing portion of the facility.
(c) Accurate records of all purchases and sales of crustacea and crustacea meat shall be maintained for one year. The records shall be available for inspection by the Division of Marine Fisheries.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Amended Eff. April 1, 1997.
Readopted Eff. April 1, 2022.
15A NCAC 18A .0138 SUPERVISION
(a) The owner or responsible individual shall supervise the processing operation and be responsible for compliance with the rules of this Section, including compliance with personal hygiene requirements as set forth in Rule .0153 of this Section.
(b) No unauthorized individuals shall be allowed in the facility during the periods of operation. For the purpose of this Rule, "unauthorized individual" shall mean an individual that is not designated and trained by the owner or responsible individual to perform specific processing tasks in the facility.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992.
Readopted Eff. April 1, 2022.
15A NCAC 18A .0139 FACILITY FLOODING
(a) If the facility floors are flooded, processing shall be discontinued until flood waters have receded and the facility and equipment are cleaned and sanitized.
(b) Any cooked crustacea or crustacea meat that may have been contaminated by flood waters shall be deemed adulterated and disposed of in accordance with G.S. 113-221.4 and Rule .0181 of this Section.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 113-221.4; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0140 FLOORS
Floors shall be of concrete or other impervious material, constructed so that they are easily cleanable and shall be sloped so that water drains.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0141 WALLS AND CEILINGS
(a) Walls and ceilings shall be constructed of smooth, easily cleanable, non-corrosive, impervious material.
(b) Insulation on cooked crustacea cooler walls shall be covered to the ceiling with a smooth, easily cleanable, non-corrosive, impervious material.
(c) Doors and windows shall be tightly fitted and maintained in good repair so as to keep insects and weather out of the facility.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0142 LIGHTING
(a) Natural or artificial lighting shall be provided in all parts of the facility. Minimum lighting intensities shall be as follows:
(1) 50 foot-candles on working surfaces in the picking and packing rooms and areas.
(2) 10 foot-candles measured at a height of 30 inches above the floor throughout the rest of the processing portion of the facility.
(b) Light bulbs within the processing portion of the facility shall be shatterproof or shielded to prevent product contamination in case of breakage.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0143 VENTILATION
All rooms and areas shall be ventilated.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0144 INSECT CONTROL
All outside openings shall be screened, provided with wind curtains, or be provided with other methods to eliminate the entrance of insects. All screens shall be kept in good repair. All outside doors shall open outward and shall be self-closing. The use and storage of pesticides shall comply with all applicable State and federal laws and rules.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992.
Readopted Eff. April 1, 2022.
15A NCAC 18A .0145 RODENT AND ANIMAL CONTROL
Measures shall be taken by the owner or responsible individual to keep animals, fowl, rodents, and other vermin out of the facility. The storage and use of rodenticides shall comply with all applicable State and federal laws and rules.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0146 PREMISES
(a) Premises under the control of the owner shall be kept clean at all times. Waste materials, rubbish, other articles, or litter shall not be permitted to accumulate on the premises.
(b) Measures shall be taken to prevent the harborage and breeding of insects, rodents, and other vermin on premises.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0147 WATER SUPPLY
(a) The water supply used shall be in accordance with 15A NCAC 18A .1720 through .1728.
(b) Water samples for bacteriological analysis shall be collected at least annually by the Division of Marine Fisheries and submitted for analysis to the State Laboratory of Public Health or other laboratory that is certified in accordance with 10A NCAC 42C .0102, which is incorporated by reference including subsequent amendments.
(c) Cross-connections with unapproved water supplies are prohibited. Hot and cold running water under pressure shall be provided to food preparation, utensils, and handwashing areas and any other areas in which water is required for cleaning. Running water under pressure shall be provided in sufficient quantity to carry out all food preparation, utensil washing, hand washing, cleaning, and other water-using operations.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0148 ICE
(a) Ice shall be obtained from a water supply approved by the Division of Marine Fisheries pursuant to Rule .0147 of this Section and shall be stored and handled in a manner to prevent contamination and keep the ice clean.
(b) All equipment used in the handling of ice shall be used for no other purpose and shall be cleaned and sanitized at least once each day the facility is in operation.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0149 PLUMBING
(a) Plumbing fixtures shall be located to facilitate the flow of processing activities and to prevent the splashing of water on food-contact surfaces or cooked crustacea and crustacea meat.
(b) Fixtures, ducts, and pipes shall not be suspended over working areas.
(c) Handwash lavatories shall be located so that the supervisor can observe that employees wash and sanitize their hands before beginning work and after each interruption.
(d) Handwash lavatories shall be provided in the following locations:
(1) packing room or area;
(2) toilet or lounge area; and
(3) picking room.
(e) At least one handwash lavatory shall be provided for every 20 employees among the first 100 employees and at least one handwash lavatory shall be provided for every 25 employees in excess of the first 100 employees.
(f) Additional lavatories required by Paragraph (e) of this Rule shall be located in the picking room.
(g) A container shall be located near each handwash lavatory in the picking room and packing room or area to sanitize hands in a solution containing at least 100 parts per million (ppm) of available chlorine or other equally effective bactericide. A testing method or equipment shall be available and used to test chemical sanitizers to ensure minimum prescribed strengths.
(h) Soap and single service towels in protected dispensers shall be available near the handwash lavatories. Other hand drying devices that are found equally effective by the Division of Marine Fisheries may be used.
(i) All pre-cool rooms, picking rooms, packing rooms or areas, and cooking areas shall be provided with hose bibs and wash down hoses. Storage racks shall be provided to keep the hoses elevated off the floor when not in use.
(j) An automatically regulated hot-water system shall be provided to furnish a sufficient volume of hot water with a temperature of at least 130( F (54.5( C) to carry out all processing operations.
(k) All handwash lavatories and sinks shall be equipped with mixing faucets.
(l) A three-compartment sink with drainboards, large enough to wash the largest utensils used in the facility, shall be located in the picking room near the delivery shelf. One three-compartment sink, with drainboards, shall be provided for every 50 employees or fraction thereof.
(m) The floor drains in coolers shall not be connected directly to a sewer in processing or repacking facilities constructed after October 1, 1992.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0150 SEWAGE DISPOSAL
All sewage and other liquid wastes shall be disposed of in a public sewer system or in the absence of a public sewer system, by an on-site method approved by the Division of Marine Fisheries.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0151 TOILETS
(a) Toilets shall be provided by the owner or responsible person in the facility.
(b) Toilet tissue shall be provided by the owner or responsible person in a holder.
(c) Toilet room doors shall not open directly into processing areas of the facility and shall be self-closing.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0152 SOLID WASTE
(a) Cooked crustacea scrap and other putrescible wastes shall be removed from the premises at least daily. Other solid wastes shall be removed from the premises at least weekly.
(b) Scrap containers shall be removed from the picking room immediately after filling and placed in storage areas approved by the Division of Marine Fisheries.
(c) Scrap containers shall be non-corrosive and cleaned at least daily.
(d) Scrap containers shall be cleaned in an area approved by the Division.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0153 PERSONAL HYGIENE
(a) All employees shall wash their hands with soap and running water before beginning work and again after each interruption. Signs to this effect shall be posted in visible places in the facility by the owner or responsible individual, such that the signs can be seen by employees.
(b) All individuals handling cooked crustacea or crustacea meat shall sanitize their hands before beginning work and again after each interruption.
(c) All individuals employed or engaged in the handling, picking, or packing of cooked crustacea or crustacea meat shall wear clean, washable outer clothing.
(d) Employees shall not eat food, drink, or use tobacco in any form in the areas where cooked crustacea or crustacea meat are stored, processed, or handled.
(e) Any individual known to be a carrier of any disease that can be transmitted through the handling of cooked crustacea or crustacea meat or who has an infected wound or open lesion on any exposed portion of the body shall be prohibited from handling cooked crustacea or crustacea meat.
(f) Hair restraints shall be worn by all employees who handle cooked crustacea or crustacea meat.
(g) The arms of employees who pick or pack cooked crustacea or crustacea meat shall be bare to the elbow or covered with an arm guard that is easily cleanable and capable of being sanitized.
(h) Employees who pick and pack cooked crustacea or crustacea meat shall have clean fingernails free from nail polish and that are short enough to not extend past the fingertips. Employees shall not wear jewelry other than easily cleanable rings. The use of absorbent wraps or absorbent finger cots shall not be permitted.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0154 EMPLOYEES' PERSONAL ARTICLES
Employees' street clothing, aprons, gloves, and personal articles shall not be stored in rooms or areas described in Rule .0159(b) of this Section.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0155 SUPPLY STORAGE
Shipping containers, boxes, and other supplies shall be stored in a storage room or area. The storage room or area shall be kept clean.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0156 EQUIPMENT AND UTENSIL CONSTRUCTION
All processing equipment and utensils shall be smooth, easily cleanable, durable, and kept in good repair. The food-contact surfaces of equipment, utensils, and processing machinery shall be accessible for cleaning, non-toxic, non-corrosive, non-absorbent, and free of open seams.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0157 FACILITY AND EQUIPMENT SANITATION
(a) The walls and floors in the picking and packing areas shall be kept clean while operating and shall be sanitized at least daily and whenever there is evidence of contamination, such as splatter of crustacea meat or juices.
(b) All food-contact surfaces shall be washed, rinsed, and sanitized prior to starting operation each day and whenever there is evidence of contamination, such as splatter of crustacea meat or juices.
(c) Reusable picking containers and knives shall be washed, rinsed, and sanitized each time crustacea meat is delivered to the packing room.
(d) Sanitizing methods shall be as follows:
(1) by steam in a steam chamber or box equipped with an indicating thermometer located in the coldest zone, with exposure to a temperature of 170( F (77( C) for at least 15 minutes or to a temperature of 200( F (93( C) for at least five minutes.
(2) by immersion for at least one minute in the third compartment in clean hot water at a temperature of at least 170( F (77( C). A thermometer accurate to 3( F (1.5( C) shall be available to the compartment. Where hot water is used for bactericidal treatment, a booster heater that maintains a water temperature of at least 170( F (77( C) in the third compartment at all times when utensils are being washed shall be provided. The heating device may be integral with the immersion compartment.
(3) by immersion for at least one minute in, or exposure for at least one minute to a constant flow of, a solution containing not less than 100 ppm chlorine residual. Utensils and equipment that have to be washed in place shall be washed, rinsed, and sanitized.
(4) by other equivalent products and procedures approved in 21 CFR 178.1010 "Sanitizing solutions", which is hereby incorporated by reference including any subsequent amendments and editions. A copy of the reference material can be found at , at no cost. A testing method or equipment shall be available and used to test chemical sanitizers to ensure minimum prescribed strengths.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0158 EQUIPMENT STORAGE
Equipment and utensils that have been cleaned and sanitized shall be stored in a manner to protect against contamination and keep the equipment and utensils clean.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0159 SEPARATION OF OPERATIONS
(a) Facility design shall provide for continuous flow of raw materials and product to prevent contamination by exposure to areas involved in earlier processing steps, refuse, or other areas subject to contamination.
(b) The following processes shall be carried out in separate rooms or areas:
(1) raw crustacea receiving or refrigeration;
(2) crustacea cooking;
(3) cooked crustacea air-cool;
(4) cooked crustacea refrigeration;
(5) picking;
(6) packing;
(7) picked crustacea meat refrigeration;
(8) pasteurizing or thermal processing;
(9) machine picking;
(10) repacking; and
(11) other processes when carried out in conjunction with the cooking of crustacea or crustacea meat.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Amended Eff. April 1, 1997;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0160 RAW CRUSTACEA RECEIVING AND REFRIGERATION
(a) Only fresh crustacea shall be accepted for processing.
(b) Within two hours of receipt at the facility, crustacea shall be cooked or placed in a refrigerated area maintaining a temperature of 50( F (10( C) or below.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0161 CRUSTACEA COOKING
(a) The cooking area or room shall be under a roof located between the area for receiving raw crustacea and the air-cool room and shall be vented to assure the removal of steam.
(b) Crustacea shall be cooked in accordance with the following:
(1) Crabs shall be cooked under steam pressure until the internal temperature of the center-most crab reaches 235° F (112.8° C). Temperature shall be measured with an accurate, indicating thermometer having a range of 170-270° F (77-132° C).
(2) Other crustacea shall be cooked until the internal temperature of the center-most crustacean reaches 180° F (83° C) and is held at this temperature for one minute. Temperature shall be measured with an accurate, indicating thermometer. Crayfish shall be culled and cleaned prior to cooking.
(3) Nothing in this Rule shall prohibit any other cooking process that has been found equally effective and approved by the Division of Marine Fisheries.
(c) The retort shall be constructed to permit a working pressure of at least 20 pounds per square inch (psig). Steam inlet and venting shall provide a uniform and complete distribution of steam. Venting shall be sufficient to permit complete elimination of air from the retort. Drains and vents shall be located at least two feet above mean high tide.
(d) The retorts shall be equipped with:
(1) an accurate, indicating thermometer with a range that will include 170-270° F (77-132° C) and located with the sensor extending into the heat chamber;
(2) an operating pressure indicator, at least three inches in diameter, with a 0-30 psig range and located adjacent to the indicating thermometer; and
(3) a safety valve operational at 18-30 psig, located in the upper portion of the retort, protected from tampering, and designed to prevent injury to the operator.
(e) The boiler shall be of such capacity as to maintain 45 to 100 psig during cooking. The steam line from the boiler to the retort shall be at least one and one-fourth inch inside diameter.
(f) Overhead hoists shall be equipped with chain bags or other means of preventing foreign material from falling onto the cooked product.
(g) Retort cooking baskets shall be of stainless steel or equally impervious, non-corrosive material, and shall be designed to allow for equal steam disbursement, ease of handling, dumping, and cleaning.
(h) All construction or replacement of retorts after October 1, 1992 shall be "flow-through" type and open directly into the air-cool room or a protected passageway into the air-cool room.
(i) All construction of new or replacement retorts shall require a Process Validation Study Report approved by the Division prior to use based upon documentation of the ability to produce time-temperature results as required by the rules of this Section.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0162 COOKED CRUSTACEA AIR-COOL
(a) Cooked crustacea, after removal from the retort, shall be moved immediately to the cooked crustacea air-cool area to be air cooled to ambient temperature without being disturbed. Cooked crustacea shall be stored in the original cooking basket.
(b) The construction and arrangement of the air-cool room shall be designed to provide protection from contamination of the cooked crustacea. The air-cool room shall open directly into the cooked crustacea cooler or other protected area.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0163 COOKED CRUSTACEA REFRIGERATION
(a) The cooked crustacea cooler shall be large enough to store all cooked crustacea and maintain a minimum temperature of 40( F (4.4( C). The cooler shall open directly into the picking room or into a clean, enclosed area leading into the picking room.
(b) Cooked crustacea shall be stored at a temperature between 33( F (0.5( C) and 40( F (4.4( C) ambient air temperature if not immediately processed. The cooler shall be equipped with an accurate, operating thermometer.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0164 COOKED CRUSTACEA PICKING
(a) The picking operation shall be conducted in accordance with the rules of this Section such that crustacea meat does not become adulterated.
(b) All cooked crustacea shall be picked before a new supply is delivered to the picking table.
(c) Picked crustacea meat shall be delivered to the packing room at least every 90 minutes or upon the accumulation of five pounds per picker, whichever is sooner.
(d) Paper towels used at the picking table shall be discarded after initial use.
(e) If provided, bactericidal solutions at picking tables shall be maintained at 100 ppm chlorine solution or an equivalent bactericidal solution. A testing method or equipment shall be available and used to ensure minimum prescribed strengths of the chlorine solution or equivalent bactericidal solution.
(f) Handles of picking knives shall not be covered with any material.
(g) Crustacea shall be cooked and picked in the same permitted facility unless a written plan for interfacility shipment has been filed with the Division. The plan shall address and be approved based on the following:
(1) time-temperature requirements;
(2) shipping destination;
(3) handling;
(4) labeling;
(5) records;
(6) processing;
(7) sanitation; and
(8) HACCP plan.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Temporary Amendment Eff. July 1, 2000;
Temporary Rule Expired on March 12, 2001;
Amended Eff. August 1, 2002;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0165 PACKING
(a) Crustacea meat shall be packed in a container and iced and cooled to an internal temperature of 40( F (4.4( C) or below within two hours of receipt in the packing room.
(b) The storage of ice in the packing room shall be in an easily cleanable, non-corrosive, non-toxic container.
(c) Blending or combining of any of the following shall be prohibited:
(1) fresh crustacea meat;
(2) frozen crustacea meat;
(3) pasteurized crustacea meat; and
(4) crustacea meat packed in another facility.
(d) Clean shipping containers shall be provided by the owner or responsible individual for storing and shipping of packed crustacea meat.
(e) The return of overage of crustacea meat to a picker shall be prohibited.
(f) Washing of picked crustacea meat shall be under running potable water. The crustacea meat shall be drained prior to packing.
(g) Any substance added to cooked crustacea or crustacea meat shall be approved for use by the U.S. Food and Drug Administration and labeled according to federal and State rules and regulations.
(h) Only those individuals responsible for packing the crustacea or crustacea meat shall be allowed in the packing room or area.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0166 PICKED CRUSTACEA MEAT REFRIGERATION
(a) The refrigeration room or ice box shall be of sufficient size so that a full day's production, with ice, can be stored such that the crustacea meat does not become adulterated. The refrigeration room or ice box shall be equipped with an accurate, operating thermometer.
(b) Ice boxes shall be easily cleanable, non-corrosive, and non-toxic with an impervious lining and a drain.
(c) Picked crustacea meat shall be stored at 40( F (4.4( C) or below.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0167 DELIVERY WINDOW OR SHELF
A delivery window or a non-corrosive shelf shall be provided between the picking room and packing room or area. The delivery window shall be equipped with a shelf completely covered with smooth, non-corrosive metal or other material approved by the Division of Marine Fisheries and sloped to drain towards the picking room.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0168 SINGLE-SERVICE CONTAINERS
(a) Single-service containers used for packing or repacking cooked crustacea and crustacea meat shall be made from food-safe materials approved by the United States Food and Drug Administration.
(b) Containers shall not be reused for packing or repacking cooked crustacea and crustacea meat.
(c) No person shall use containers bearing a permit number other than the number assigned to the facility.
(d) Each container or lid shall be legibly impressed, embossed, or lithographed with the name and address of the original packer, repacker, or distributor. The original packer's or repacker's permit number preceded by the state abbreviation shall be legibly impressed, embossed, or lithographed on each container or lid.
(e) Each container or lid shall be permanently and legibly identified with a code date.
(f) All containers and lids shall be stored and handled in a manner to prevent contamination and keep them clean, sanitized by a procedure as stated in Rule .0157 of this Section, and drained prior to filling.
(g) All containers shall be sealed so that tampering can be detected. The words "Sealed For Your Protection" or equivalent shall be legibly displayed on the container or lid.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Amended Eff. August 1, 1998; February 1, 1997;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0169 FREEZING
(a) If crustacea or crustacea meat is to be frozen, the code date shall be followed by the letter "F."
(b) Frozen crustacea or crustacea meat shall be stored at a temperature of 0( F (-18( C) or less.
(c) The frozen storage rooms shall be equipped with an accurate, operating thermometer.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Amended Eff. August 1, 2002; April 1, 1997;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0170 SHIPPING
Cooked crustacea and crustacea meat shall be shipped between 33( F (0.5( C) and 40( F (4.4( C). Frozen crustacea products shall be shipped at 0( F (-18( C) or below.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0171 WHOLE CRUSTACEA OR CRUSTACEA PRODUCTS
Whole crustacea, claws, or any other crustacea products shall be prepared, packaged, and labeled in accordance with the rules of this Section.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0172 COOKED CLAW SHIPPING CONDITIONS
(a) Vehicles used to transport cooked claws shall be mechanically refrigerated, enclosed, tightly constructed, kept clean, and equipped with an operating thermometer.
(b) Cooked crab claws shall be stored and transported between 33( F (0.5( C) and 40( F (4.4( C) ambient air temperature.
(c) All vehicles shall be approved by the Division of Marine Fisheries prior to use.
(d) Cooked claw shipping containers shall be marked for intended use, cleaned, and sanitized prior to use and shall meet the requirements in Rule .0156 of this Section.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0173 repacking
(a) Crustacea meat for repacking that is processed in North Carolina shall comply with Rules .0134 through .0187 of this Section. Crustacea meat for repacking that is processed outside of North Carolina shall comply with Rule .0182 of this Section.
(b) Upon request of the Division of Marine Fisheries, the repacker shall provide the Division a current written list of all sources of crustacea meat used for repacking.
(c) Repacking of crustacea meat:
(1) Crustacea meat shall not exceed 40° F (4.4° C) during the repacking process.
(2) Repacking shall be conducted separately by time or space from the routine crustacea meat picking and packing process.
(3) The food contact surfaces and utensils utilized in the repacking process shall be cleaned and sanitized prior to repacking and thereafter on 30-minute intervals during repacking.
(4) Repacked crustacea meat shall be maintained at or below 40( F (4.4( C).
(5) Blending or combining of any of the following shall be prohibited:
(A) fresh crustacea meat.
(B) frozen crustacea meat.
(C) pasteurized crustacea meat.
(D) crustacea meat packed in another facility.
(6) Crustacea meat shall not be repacked more than one time.
(7) All empty containers from which crustacea meat was removed and repacked shall be rendered unusable.
(d) Labeling of repacked crustacea meat:
(1) Each container shall be legibly embossed, impressed, or lithographed with the repacker's or the distributor's name and address.
(2) Each container shall be legibly embossed, impressed, or lithographed with the repacker's certification number followed by the letters "RP."
(3) Each container shall be permanently and legibly identified with a code indicating the repack date.
(4) Each container shall be sealed so that tampering can be detected.
(5) Each container of foreign crustacea meat that has been repacked outside of North Carolina and shipped into North Carolina shall be labeled in accordance with federal labeling requirements.
(e) Records shall be kept for all purchases of crustacea meat for repacking and sales of repacked meat for one year. The records shall be available for inspection by the Division.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Amended Eff. August 1, 2002; April 1, 1997;
Readopted Eff. August 23, 2022,
15A NCAC 18A .0174 PASTEURIZATION PROCESS CONTROLS - THERMOMETERS
(a) All pasteurizing equipment shall have a time-temperature recording thermometer with a temperature controller (combined or separately) and an indicating thermometer. The thermometers shall be located to give a true representation of the operating temperature of the water bath. The recording thermometer chart shall be at least a 12-hour chart and at least 10 inches in diameter.
(b) The recording thermometer shall be installed so that it will be protected from vibration and from striking by loading operations or facility traffic. The thermometer mechanism shall be protected from moisture under prevailing conditions. The thermometer case shall not be opened during the pasteurizing cycle, except for temperature check or for emergency or repair. A record shall be made when the thermometer case has been opened.
(c) The recording thermometer shall have a range of at least 120-220( F (48.9-104.4( C). It shall be accurate within plus or minus 1( F between 160( F (71( C) and 200( F (93( C). The chart shall be scaled at a maximum of 2( F intervals in the range of 160( F (71( C) and 200( F (93( C).
(d) The indicating thermometer shall be a thermometer with an accuracy and readability of plus or minus 1( F between 160( F (71( C) and 200( F (93( C). The thermometer shall be protected against damage.
(e) The recording thermometer shall be equipped with a spring-operated or electrically operated clock. The recorded elapsed time as indicated by the chart rotation shall not exceed the true elapsed time as shown by an accurate watch. The rotating chart support shall be provided with pins upon which the chart shall be affixed by puncturing the chart.
(f) The pasteurization unit shall not be operated without a recording thermometer chart in place, the pen in contact with the chart, and an inked record being made of the operating time-temperature cycle. Falsification of a thermometer chart by an individual with access to or that is an operator of a pasteurization unit shall constitute failure to comply with the requirements of this Paragraph. A permanent file of the used thermometer charts shall be maintained by the pasteurizer and kept available for inspection by the Division of Marine Fisheries for a period of one year. The following information shall be recorded within the confines of the pen markings after the pasteurization cycle has been completed:
(1) date of pasteurization;
(2) quantity of each batch pasteurized (pounds of crustacea meat or number and size of containers);
(3) processor's code of each pack;
(4) if the pasteurizer processes crustacea meat for someone else, then the packer's name, address, and permit number shall be recorded. A copy of the recording chart shall be provided to the owner of the crustacea meat;
(5) notation of mechanical or power failure or opening of the recording thermometer case for adjustment or repair during the pasteurizing cycle;
(6) after the temperature in the water bath has been reached and during the holding time, as set forth in Rule .0176 of this Section, the reading of the indicating thermometer and the time of reading shall be recorded on the chart; and
(7) signature of the pasteurizer operator.
(g) A constant flow steam control valve is required, if steam is used as a source of heat.
(h) The water bath shall be provided with effective agitation to maintain a uniform temperature.
(i) Other technologies shall be approved by the Division if they are shown to provide equivalent data, information, and records as required in this Rule.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Amended Eff. April 1, 1997;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0175 PREPARATION OF CRUSTACEA MEAT FOR PASTEURIZATION
The preparation of crustacea meat for pasteurization shall be in compliance with the following:
(1) crustacea meat shall be prepared in compliance with Rules .0134 through .0183 of this Section;
(2) the containers of crustacea meat shall be sealed as quickly as possible after the crustacea meat is picked; and
(3) the sealed containers of crustacea meat shall be placed in ice and refrigerated immediately after sealing until pasteurized.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Amended Eff. April 1, 1997;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0176 PASTEURIZATION OF CRUSTACEA MEAT
(a) All pasteurization operations shall require a Process Validation Study Report approved by the Division of Marine Fisheries prior to operation based upon documentation of the ability to produce time-temperature results as required by the rules of this Section.
(b) The pasteurization of crustacea meat shall be conducted in compliance with the following procedures:
(1) the minimum pasteurization specifications shall be heating every particle of crustacea meat in a hermetically-sealed container to a temperature of at least 185( F (85( C) and holding it continuously at or above this temperature for at least one minute at the geometric center of a container in equipment being operated in compliance with the Process Validation Study Report. A copy of the procedures for operating the pasteurizing equipment shall be posted adjacent to the pasteurization vat. The pasteurizer shall keep the report on file and shall provide the Division a copy of such report;
(2) alteration of the equipment or loading of containers shall require a new Process Validation Study Report;
(3) the containers of crustacea meat shall be cooled to 50( F (10( C) or below within three hours of the completion of pasteurization; and
(4) refrigerated storage shall be provided for the cooled crustacea meat and shall maintain a storage temperature at or below 38( F (3.3( C).
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Amended Eff. August 1, 1998;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0177 LABELING OF PASTEURIZED CRUSTACEA MEAT
Labeling of pasteurized crustacea meat shall be in compliance with the following:
(1) the label used shall legibly identify the contents of the container as pasteurized crustacea meat;
(2) each container shall be permanently and legibly identified with a code indicating the batch and day of processing;
(3) the words "Perishable-Keep Under Refrigeration" or equivalent shall be legibly displayed on the container; and
(4) the original packer's or repacker's permit number preceded by the state abbreviation shall be legibly impressed, embossed, or lithographed on each container. Each container shall be legibly impressed, embossed, or lithographed with the name and address of the original packer, repacker, or distributor.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0178 INTERFACILITY PASTEURIZATION PROCEDURES
No person shall initiate interfacility pasteurization of crustacea meat without prior written approval by the Division of Marine Fisheries. Interfacility pasteurization of crustacea meat shall be in compliance with the following:
(1) crustacea meat shall be packed, labeled, and refrigerated in compliance with Rules .0134 and .0136 through .0182 of this Section and shall originate only from a facility permitted in accordance with Rule .0135 of this Section. Records shall be maintained to identify each batch of crustacea meat pasteurized;
(2) crustacea meat shall be shipped in an enclosed, easily cleanable vehicle at a temperature of 40( F (4.4( C) or below; and
(3) crustacea meat shall be pasteurized in compliance with Rules .0175 through .0177 of this Section. The pasteurizer shall provide a copy of each pasteurization chart to the original packer.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0179 RECALL PROCEDURE
Each owner of a cooked crustacea or crustacea meat facility or repacker facility shall keep on file a written product recall procedure. A copy of this recall procedure shall be provided to the Division of Marine Fisheries.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0180 SAMPLING AND TESTING
Samples of cooked crustacea or crustacea meat may be taken and examined by the Division of Marine Fisheries at any time or place. Samples of cooked crustacea or crustacea meat shall be furnished by the owner or operator of facilities, trucks, carriers, stores, restaurants, and other places where cooked crustacea or crustacea meat are sold.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0181 EMBARGO OR DISPOSAL OF COOKED CRUSTACEA OR CRUSTACEA MEAT
(a) When it has been determined by the Division of Marine Fisheries that cooked crustacea or crustacea meat have not been stored, transported, handled, cooked, picked, packed, or offered for sale in compliance with this Section, the cooked crustacea or crustacea meat shall be deemed adulterated.
(b) Cooked crustacea or crustacea meat determined to be adulterated or misbranded shall be subject to embargo or disposal by the Division in accordance with G.S. 113-221.4.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 113-221.4, 143B-289.52;
Eff. October 1, 1992;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0182 BACTERIOLOGICAL AND CONTAMINATION STANDARDS
(a) Cooked crustacea or crustacea meat shall not exceed Escherichia coli Most Probable Number (MPN) of 36 per 100 grams of sample or exceed a standard plate count of 100,000 per gram.
(b) Pasteurized crustacea meat shall contain no Escherichia coli or fecal coliform. Samples of pasteurized crustacea meat, taken within 24 hours of pasteurizing, shall not have a standard plate count of more than 3,000 per gram.
(c) Thermally processed crustacea or crustacea meat shall not exceed Escherichia coli MPN of 36 per 100 grams of sample or exceed a standard plate count of 100,000 per gram.
(d) Cooked crustacea or crustacea meat shall be handled in accordance with the rules of this Section.
(e) Cooked crustacea or crustacea meat not complying with the standards set forth in this Rule may be deemed adulterated by the Division of Marine Fisheries according to the severity of exceedance and the expected threat to public health.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. October 1, 1992;
Amended Eff. August 1, 1998; February 1, 1997;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0183 ALTERNATIVE LABELING
A durable label, such that it will not fade or deteriorate, that is permanently affixed to the container may be used to meet any labeling requirement in this Section.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff August 1, 1998;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0184 THERMAL PROCESSING CONTROLS - THERMOMETERS
(a) All thermal processing equipment shall have a time-temperature recording thermometer with a temperature controller (combined or separately) and an indicating thermometer. The thermometers shall be located to give a true representation of the operating temperature of the process. The recording thermometer chart shall be at least a 12-hour chart and at least 10 inches in diameter.
(b) The recording thermometer shall be installed so that it will be protected from vibration and from striking by loading operations or facility traffic. The thermometer mechanism shall be protected from moisture under prevailing conditions. The thermometer case shall not be opened during the thermal processing cycle, except for temperature check or for emergency or repair. A record shall be made when the thermometer case has been opened.
(c) The recording thermometer shall have a range of at least 120-220( F (48.9-104.4( C). It shall be accurate within plus or minus 1( F between 160( F (71( C) and 200( F (93( C). The chart shall be scaled at a maximum of 2( F intervals in the range of 160( F (71( C) and 200( F (93( C).
(d) The indicating thermometer shall be a thermometer with an accuracy and readability of plus or minus 1( F between 160( F (71( C) and 200( F (93( C). The thermometer shall be protected against damage.
(e) The recording thermometer shall be equipped with a spring-operated or electrically operated clock. The recorded elapsed time as indicated by the chart rotation shall not exceed the true elapsed time as shown by an accurate watch. The rotating chart support shall be provided with pins upon which the chart shall be affixed by puncturing the chart.
(f) The thermal processing unit shall not be operated without a recording thermometer chart in place, the pen in contact with the chart, and an inked record being made of the operating time-temperature cycle. Falsification of a thermometer chart by an individual with access to or that is an operator of a thermal processing unit shall constitute failure to comply with the requirements of this Paragraph. A permanent file of the used thermometer charts shall be maintained by the thermal processor and kept available for inspection by the Division of Marine Fisheries for a period of one year. The following information shall be recorded within the confines of the pen markings after the thermal processing cycle has been completed:
(1) date of thermal processing;
(2) quantity of each batch thermally processed (pounds of crustacea meat or number and size of containers);
(3) thermal processor's code of each pack;
(4) if the thermal processor processes crustacea meat for someone else, then the packer's name, address, and permit number shall be recorded. A copy of the recording chart shall be provided to the owner of the crustacea meat;
(5) notation of mechanical or power failure or opening of the recording thermometer case for adjustment or repair during the thermal processing cycle;
(6) after the temperature in the thermal process has been reached and during the holding time, as set forth in Rule .0185 of this Section, the reading of the indicating thermometer and the time of reading shall be recorded on the chart; and
(7) signature of the thermal process operator.
(g) A constant flow steam control valve is required, if steam is used as a source of heat.
(h) The thermal processing unit shall be provided with effective and uniform temperature.
(i) Other technologies shall be approved by the Division if they are shown to provide equivalent data, information, and records as required in this Rule.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. April 1, 1997;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0185 THERMAL PROCESSING OF CRUSTACEA AND CRUSTACEA MEAT
(a) All thermal processing operations shall require a Process Validation Study Report approved by the Division of Marine Fisheries prior to operation based upon documentation of the ability to produce time-temperature results as required by the rules of this Section.
(b) The thermal processing of crustacea or crustacea meat shall be conducted in compliance with the following procedures:
(1) the minimum thermal processing specifications shall be the heating of previously cooked crustacea or crustacea meat to a desired temperature for a specified time at the geometric center of a container in equipment being operated in compliance with the Process Validation Study Report. A copy of the procedures for operating the thermal processing equipment shall be posted adjacent to the thermal processing unit. The thermal processor shall keep the report on file and shall provide the Division a copy of such report;
(2) alteration of the equipment or loading of containers shall require a new Process Validation Study Report;
(3) the containers of crustacea or crustacea meat shall be cooled to 50( F (10( C) or below within three hours of the completion of the thermal process; and
(4) refrigerated storage shall be provided for the cooled crustacea or crustacea meat and shall maintain a storage temperature at or below 36( F (2.2( C).
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. August 1, 1998;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0186 LABELING OF THERMALLY PROCESSED CRUSTACEA OR CRUSTACEA MEAT
Labeling of thermally processed crustacea or crustacea meat shall be in compliance with the following:
(1) the label used shall legibly identify the contents of the container as thermally processed crustacea or crustacea meat;
(2) each container shall be permanently and legibly identified with a code indicating the batch and day of processing;
(3) the words "Perishable-Keep Under Refrigeration" or equivalent shall be legibly displayed on the container; and
(4) the original packer's or repacker's permit number preceded by the state abbreviation shall be legibly impressed, embossed, or lithographed on each container. Each container shall be legibly impressed, embossed, or lithographed with the name and address of the original packer, repacker, or distributor.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. April 1, 1997;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0187 INTERFACILITY THERMAL PROCESSING PROCEDURES
Interfacility thermal processing of crustacea or crustacea meat shall be in compliance with the following:
(1) crustacea or crustacea meat shall be packed, labeled, and refrigerated in compliance with Rules .0134 through .0187 of this Section. Records shall be maintained to identify each batch of crustacea or crustacea meat thermally processed;
(2) crustacea or crustacea meat shall be shipped in an enclosed, easily cleanable vehicle at a temperature of 40( F (4.4( C) or below; and
(3) crustacea or crustacea meat shall be thermally processed in compliance with Rules .0184 through .0187 of this Section. The thermal processor shall provide a copy of each thermal processing chart to the original packer.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. August 1, 1998;
Readopted Eff. April 1, 2022.
15A NCAC 18A .0188 HAZARD ANALYSIS
Each dealer shall conduct a hazard analysis to determine the food safety hazards that are reasonably likely to occur for each kind of crustacea or crustacea meat product processed by that dealer and to identify the preventative measures that the dealer can apply to control those hazards.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. August 1, 2000;
Readopted Eff. May 1, 2021.
15a ncac 18a .0189 HACCP PLAN
Each dealer shall have and implement a written HACCP plan. The owner or authorized designee shall sign the plan when implemented and after any modification. The plan shall be reviewed at least annually and updated if necessary. The plan shall, at a minimum:
(1) list the food safety hazards that are reasonably likely to occur;
(2) list the critical control points for each of the food safety hazards;
(3) list the critical limits that must be met for each of the critical control points;
(4) list the procedures, and frequency thereof, that will be used to monitor each of the critical control points to ensure compliance with the critical limits;
(5) list any corrective action plans to be followed in response to deviations from critical limits at critical control points;
(6) provide a record keeping system that documents critical control point monitoring; and
(7) list the verification procedures, and frequency thereof, that the dealer will use.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. August 1, 2000;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0190 SANITATION MONITORING REQUIREMENTS
Each dealer shall monitor, at a minimum, the following sanitation items:
(1) safety of water;
(2) condition and cleanliness of food contact surfaces;
(3) prevention of cross contamination;
(4) maintenance of hand washing, hand sanitizing, and toilet facilities;
(5) protection of crustacea or crustacea meat, crustacea or crustacea meat packaging materials, and food contact surfaces from adulteration;
(6) proper labeling, storage, and use of toxic compounds;
(7) control of employees with adverse health conditions; and
(8) exclusion of pests from the facility.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. August 1, 2000;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0191 MONITORING RECORDS
Monitoring records of critical control points and the eight key sanitation items shall be recorded, as specified in the HACCP Plan, and signed and dated when recorded. The eight key sanitation items are set forth in 21 CFR 123.11 "Sanitation Control Procedures", which is incorporated by reference including any subsequent amendments and editions. A copy of the reference material can be found at , at no cost. The records shall be reviewed by the owner or designee within one week of recording.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. August 1, 2000;
Readopted Eff. April 1, 2022.
SECTION .0200 - SANITATION OF SCALLOPS
RULES .0201 - .0204 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .0201 - .0204); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .0501 - .0504 OF TITLE 10 SUBCHAPTER 10B OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10B .0501 - .0504); RULES .0205 - .0231 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .0205 - .0233); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .0601 - .0627 OF TITLE 10 SUBCHAPTER 10B OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10B .0601 - .0627; EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .0201 DEFINITIONS
15A NCAC 18A .0202 ADULTERATED OR MISBRANDED SCALLOPS
15A NCAC 18A .0203 GROWING AND GATHERING: SCALLOPS SHUCKED AT SEA
15A NCAC 18A .0204 SEVERABILITY
15A NCAC 18A .0205 INSPECTION AND APPROVAL
15A NCAC 18A .0206 PERMITS
15A NCAC 18A .0207 APPLICATION
15A NCAC 18A .0208 REVOCATIONS
15A NCAC 18A .0209 SEPARATION OF OPERATIONS
15A NCAC 18A .0210 LIGHTING AND VENTILATION
15A NCAC 18A .0211 FLOORS
15A NCAC 18A .0212 WALLS AND CEILINGS
15A NCAC 18A .0213 INSECT AND RODENT CONTROL
15A NCAC 18A .0214 SHUCKING BENCHES
15A NCAC 18A .0215 REFRIGERATION
15A NCAC 18A .0216 TOILET FACILITIES
15A NCAC 18A .0217 WATER SUPPLY
15A NCAC 18A .0218 HAND WASHING FACILITIES
15A NCAC 18A .0219 WASHING AND SANITIZING FACILITIES
15A NCAC 18A .0220 CONSTRUCTION OF EQUIPMENT
15A NCAC 18A .0221 PERSONAL HEALTH
15A NCAC 18A .0222 PERSONAL HYGIENE
15A NCAC 18A .0223 WASHING OF SCALLOPS
15A NCAC 18A .0224 CONTAINERS
15A NCAC 18A .0225 PACKING
15A NCAC 18A .0226 CLEANSING OF EQUIPMENT
15A NCAC 18A .0227 INTERIOR OF PLANTS
15A NCAC 18A .0228 WASTE DISPOSAL
15A NCAC 18A .0229 REPACKING
15A NCAC 18A .0230 APPEALS PROCEDURE
History Note: Authority G.S. 130A-230;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; December 1, 1987; July 1, 1985; June 30, 1980;
Repealed Eff. January 4, 1994.
15A NCAC 18A .0231 REFERENCE RULES
History Note: Authority G.S. 130A-230;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1985;
Repealed Eff. September 1, 1990.
SECTION .0300 – sanitation of shellfish - general
15A NCAC 18A .0301 DEFINITIONS
The following definitions shall apply throughout Sections .0300 through .0800 of this Subchapter:
(1) "Adulterated" means:
(a) any shellfish that have been harvested from polluted areas as defined in 15A NCAC 03I .0101;
(b) any shellfish that have been shucked, packed, or otherwise processed in a plant that has not been permitted by the Division of Marine Fisheries in accordance with these Rules or by another state shellfish control "authority" as defined in the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish, Section I: Purposes and Definitions. This definition is incorporated by reference, including subsequent amendments and editions. A copy of the reference material can be found at , at no cost;
(c) any shellfish that may have been contaminated by flood waters in accordance with Rule .0405 of this Subchapter;
(d) any shellfish that exceed the standards in Rule .0430 of this Subchapter; and
(e) any shellfish that have been deemed to be an imminent hazard.
(2) "Certification number" means the unique identification number assigned by the state shellfish control agency to each certified shellfish dealer for each location. It consists of a one-to-five-digit number preceded by the two-letter state abbreviation and followed by the two-letter abbreviation designating the type of operation certified.
(3) "Clean" means free from dirt, debris, dust, marks, stains, waste materials, litter, or foreign material.
(4) "Critical control point" means a point, step, or procedure in a food process at which control can be applied, and a food safety hazard can as a result be prevented, eliminated, or reduced to acceptable levels.
(5) "Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to prevent, eliminate, or reduce to an acceptable level the occurrence of the identified food safety hazard.
(6) "Depurate" or "depuration" means the process of reducing the pathogenic organisms that may be present in shellstock by using a controlled aquatic environment as the treatment process.
(7) "Depuration facility" means any establishment or place where the depuration of shellfish occurs by a shellfish dealer.
(8) "Division" means the Division of Marine Fisheries.
(9) "Easily cleanable" has the same meaning as defined in the 2017 U.S. Food Code. This definition is incorporated by reference, not including subsequent amendments and editions. A copy of the reference material can be found at , at no cost.
(10) "Food contact surface" means the parts of equipment, including auxiliary equipment, that may be in contact with the food being processed, or that may drain into the portion of equipment with which food is in contact.
(11) "Food safety hazard" means any biological, chemical, or physical property that may cause a food to be unsafe for human consumption.
(12) "Good repair" means maintained to function as designed and without defect.
(13) "HACCP plan" means a written document that delineates the procedures a shellfish dealer follows to implement food safety controls.
(14) "Hazard analysis critical control point (HACCP)" means a system of inspection, control, and monitoring measures initiated by a shellfish dealer to identify microbiological, chemical, or physical food safety hazards that are likely to occur in shellfish products produced by the dealer.
(15) "Heat shock process" means the practice of heating shellstock to facilitate removal of the shellfish meat from the shell.
(16) "Imminent hazard" has the same meaning as defined in G.S. 130A-2.
(17) "In-shell product" means non-living, processed shellfish with one or both shells present.
(18) "Misbranded" as defined in G.S. 106-30 shall include any shellfish that are not labeled in compliance with these Rules.
(19) "National Shellfish Sanitation Program (NSSP)" means the federal/state cooperative program recognized by the U.S. Food and Drug Administration (FDA) and the Interstate Shellfish Sanitation Conference (ISSC) for the sanitary control of shellfish produced and sold for human consumption.
(20) "Pests" means animals or insects, including dogs, cats, birds, rodents, flies, and larvae.
(21) "Plant" means the establishment or place where shellfish processing occurs by shellfish dealers.
(22) "Processing" or "processed" means any activity associated with the handling, shucking, freezing, packing, labeling, or storing of shellfish in preparation for distribution. This includes the activities of a shellstock shipper, shucker-packer, repacker, reshipper, or depuration processor.
(23) "Recall procedure" means the detailed procedure the shellfish dealer will use to retrieve product from the market when it is determined that the product is adulterated or misbranded.
(24) "Repacking plant" means the establishment or place where a shellfish dealer, other than the original shucker-packer, repacks shucked shellfish into other containers.
(25) "Reshipper" means a person that purchases shellfish from a shellfish dealer and sells the product without repacking or relabeling to another shellfish dealer, wholesaler, or retailer.
(26) "Responsible individual" means the individual present at a shellfish dealer that is the supervisor or the supervisor's designee at the time of the inspection.
(27) "Sanitize" has the same meaning as defined in 21 CFR 110.3, which is incorporated by reference including subsequent amendments and editions. A copy of the reference material can be found at , at no cost.
(28) "SELL BY date" means a date placed on a container or tag by which a consumer is informed of the latest date the product will remain suitable for sale.
(29) "Shellfish" means oysters, mussels, scallops, and all varieties of clams, whether shucked or in the shell, fresh, frozen, whole, or in part. The requirements of Sections .0300 through .0800 of this Subchapter shall not apply to scallops if the final product is the shucked adductor muscle only.
(30) "Shellfish dealer" means a plant to which a Shellfish Dealer Permit and Certificate of Compliance is issued by the Division for the activities of shellstock shipping, shucking or packing, repacking, reshipping, or depuration.
(31) "Shellstock" means any live molluscan shellfish that remain in their shells.
(32) "Shellstock conveyance" means all trucks, vessels, trailers, or other conveyances used to transport shellstock.
(33) "Shellstock plant" means any establishment or place where shellstock are washed, packed, or otherwise prepared for sale by a shellfish dealer.
(34) "Shucking and packing plant" means any establishment or place where shellfish are shucked and packed for sale by a shellfish dealer.
(35) "Use" means employ, set, operate, or permit to be operated or employed.
(36) "Wet storage" means the storage by a shellfish dealer of shellstock from a growing area in the open status and classified as "approved" or "conditionally approved" as defined in Rule .0901 of this Subchapter, in containers or floats in natural bodies of water, or in tanks containing natural or synthetic sea water at any permitted land-based activity or facility.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. August 1, 2000; August 1, 1998; February 1, 1997; January 4, 1994; September 1, 1990; December 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0302 PERMITS
(a) It shall be unlawful to operate any of the following facilities without first obtaining a Shellfish Dealer Permit and Certificate of Compliance from the Division of Marine Fisheries:
(1) depuration facilities;
(2) repacking plants;
(3) shellstock plants; and
(4) shucking and packing plants.
(b) It shall be unlawful to operate as a shellstock dealer without first obtaining a Shellfish Dealer Permit and Certificate of Compliance from the Division.
(c) It shall be unlawful to operate as a reshipper without first obtaining a Shellfish Dealer Permit and Certificate of Compliance from the Division if shellfish are purchased and shipped out of state.
(d) Approval for wet storage of shellstock shall be granted only to persons permitted pursuant to this Rule.
(e) Application for a permit shall be submitted in writing to the Division. Application forms may be obtained from the Division, P.O. Box 769, 3441 Arendell Street, Morehead City, NC 28557.
(f) No permit shall be issued by the Division until an inspection by the Division shows that the facility and equipment comply with all applicable Rules in Sections .0300 through .0800 of this Subchapter. The owner or responsible person shall sign the completed inspection sheet to acknowledge receipt of the inspection sheet.
(g) All permits shall be posted in a conspicuous place in the facility.
(h) All permits shall expire on April 30 of each year and are non-transferrable.
(i) Plans and specifications for proposed new construction, expansion of operations, or changes in operating processes shall be submitted to the Division for review and approval prior to beginning construction or making a change.
(j) A permit may be revoked or suspended in accordance with 15A NCAC 03O .0504.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. April 1, 1997;
Readopted Eff. March 15, 2023.
15A NCAC 18A .0303 RELAYING PERMITS
History Note: Authority G.S. 130A-230;
Eff. February 1, 1987;
Amended Eff. September 1, 1990;
Repealed Eff. March 15, 2023.
15A NCAC 18A .0304 DEPURATION HARVESTING PERMITS
History Note: Authority G.S. 130A-230;
Eff. February 1, 1987;
Amended Eff. September 1, 1990;
Repealed Eff. June 1, 2022.
15A NCAC 18A .0305 APPEALS PROCEDURE
History Note: Authority G.S. 130A-230;
Eff. February 1, 1987;
Amended Eff. September 1, 1990;
Repealed Eff. April 1, 2024.
SECTION .0400 – SANITATION OF SHELLFISH - GENERAL OPERATION STANDARDS
RULES .0401 - .0431 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .0401 - .0431); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .0901 - .0931 OF TITLE 10 SUBCHAPTER 10B OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10B .0901 - .0931), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .0401 APPLICABILITY OF RULES
The rules in this Section shall apply to the operation of all facilities and persons permitted in Rule .0302 of this Subchapter, including shellfish dealers, shellstock plants, reshippers, shucking and packing plants, repacking plants, depuration facilities, permittees with facilities approved for wet storage, and all other businesses and persons that buy, sell, transport, or ship shellfish. These Rules shall not apply to individuals possessing shellfish for personal use.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. April 1, 1997; December 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0402 GENERAL REQUIREMENTS FOR OPERATION
(a) Shellfish dealers shall provide mechanical refrigeration that is capable of maintaining an ambient temperature of 45°F or less and be sized to handle one day's production. The mechanical refrigeration shall include an automatic temperature regulating control and be equipped with an accurate, operating thermometer in the refrigerated storage area. If the sole means of refrigeration is a portable unit, that unit shall be capable of operating utilizing alternating current electrical power that will allow the unit to be plugged into a power supply during transport and at the certified facility.
(b) Food contact surfaces shall be easily cleanable, corrosion-resistant, constructed of non-toxic and food-grade materials, and shall be kept in good repair. Shellfish dealers shall only use food contact surface equipment that conforms to standards found in the guidance document within the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish, Section II: Model Ordinance titled "Shellfish Industry Equipment Construction Guide", which is incorporated by reference, including subsequent amendments and editions. A copy of the reference material can be found at at no cost.
(c) Food contact surfaces of equipment, utensils, and containers shall be cleaned at the end of each day or operation and shall be sanitized prior to the start-up of each day's activities. Food contact surfaces shall also be cleaned and sanitized following any interruption during which the surfaces have become contaminated.
(d) Non-food contact surfaces such as equipment, floors, walls, ceilings, and windows shall be kept clean and in good repair.
(e) Wheelbarrows, measures, baskets, shovels, and other implements used in the handling of shellstock shall not be used for any other purpose and shall be cleaned prior to use.
(f) Shellfish dealers shall provide a temperature measuring device accurate to +/- 2°F for use in monitoring product temperatures.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0403 SUPERVISION AND TRAINING
(a) The shellfish dealer shall personally supervise or shall designate a responsible individual whose principal duty shall be to supervise and be responsible for compliance with the rules of this Subchapter. No unauthorized individuals shall be allowed in any processing area of the plant during periods of operation. For the purpose of this Rule, "unauthorized individual" shall mean an individual that is not designated and trained by the shellfish dealer or responsible individual to perform specific processing tasks in the facility.
(b) The shellfish dealer shall ensure that all employees that manufacture, process, pack, or hold food obtain training in the principles of food hygiene and food safety, including the importance of employee health and personal hygiene, in accordance with 21 CFR 117.4, which is incorporated by reference, including subsequent amendments and editions. A copy of the reference material can be found at at no cost. Employees shall complete the training within 30 days following the initial hire date. The shellfish dealer or responsible individual shall maintain a record of the completed training.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0404 CONSTRUCTION
Shellfish plants shall be sized and constructed to permit compliance with the operational provisions of Sections .0300 through .0800 of this Subchapter.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0405 FACILITY FLOODING
(a) Shellfish plants shall be located so that they will not be subject to flooding by high tides.
(b) If the facility floors are flooded, processing shall be discontinued until flood waters have receded and the facility and equipment are cleaned and sanitized.
(c) Any shellfish that may have been contaminated by flood waters shall be deemed adulterated and shall be destroyed.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 113-221.4; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0406 FLOORS
Floors shall be concrete or other equally impervious material, constructed so that they are easily cleanable, sloped so that water drains completely, and kept in good repair. The junction between floors and walls shall be sealed to render them impervious to water in areas where the floor gets wet and is used to store shellfish, process food, or clean equipment and utensils.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0407 WALLS AND CEILINGS
(a) Walls and ceilings in areas where shellfish are stored, handled, processed, or packaged or where food handling equipment or packaging materials are stored shall be constructed of smooth, easily cleanable, non-corrosive, impervious material. The walls and ceilings in these areas shall also be light-colored, such as white in color, so that unclean surfaces can be detected.
(b) Doors and windows shall be tightly fitted and kept in good repair so as to keep pests and weather out of the facility.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0408 LIGHTING
(a) Natural or artificial lighting shall be provided in all parts of the plant. Lighting intensities shall be a minimum of 25 foot-candles on working surfaces in packing and shucking rooms and a minimum of 10 foot-candles measured at a height of 30 inches above the floor throughout the rest of the processing portion of the facility.
(b) Light bulbs, fixtures, or other glass within the plant shall be shatterproof or shielded to prevent food contamination in case of breakage.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0409 VENTILATION
Ventilation shall be provided to prevent odors and condensation from contaminating shellfish, food contact surfaces, or food packaging materials.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0410 PEST CONTROL
(a) All exterior openings shall be screened or provided with wind curtains, or other methods to prevent the entrance of pests. All screens shall be kept in good repair. All exterior doors shall open outward and shall be self-closing.
(b) The use and storage of pesticides and rodenticides shall comply with all applicable State and federal laws and rules.
(c) No pets or other animals shall be allowed in those portions of the facility where shellfish, food handling equipment, or packaging materials are stored, handled, processed, or packaged.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0411 RODENT AND ANIMAL CONTROL
History Note: Authority G.S. 130A-230;
Eff. February 1, 1987;
Repealed Eff. April 1, 2024.
15A NCAC 18A .0412 PLUMBING AND HAND Washing Facilities
(a) All plumbing shall be in compliance with applicable plumbing codes.
(b) Hand washing facilities shall be provided with running water at a minimum temperature of 100°F dispensed from a hot and cold combination faucet.
(c) Hand washing facilities shall be provided in or adjacent to each bathroom and in shucking and packing rooms. Hand washing facilities in packing areas shall be located where supervisors can observe employee use.
(d) Hand washing facilities shall be separate from three-compartment or other sinks used for cleaning equipment and utensils.
(e) Soap, single service towels in protected dispensers, and an easily cleanable waste receptacle shall be available and used at hand washing facilities. Other hand drying devices may be used if approved by the Division of Marine Fisheries based upon being equally effective at drying hands without the potential for recontamination.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0413 WATER SUPPLY
(a) The water supply used shall be in accordance with 15A NCAC 18A .1720 through .1728, 15A NCAC 18C, or 02 NCAC 09C .0703, which are incorporated by reference, including subsequent amendments.
(b) If the water supply is from a private source, samples for bacteriological analysis shall be collected by the Division of Marine Fisheries prior to use and after the water supply has been repaired or disinfected, and submitted for analysis to the State Laboratory of Public Health or other laboratory that is certified in accordance with 10A NCAC 42C .0102, which is incorporated by reference, including subsequent amendments.
(c) Cross-connections with unapproved water supplies shall be prohibited. A backflow or back siphonage of a solid, liquid, or gas containment into the water supply shall be precluded by use of an air gap or backflow prevention device in accordance with applicable plumbing codes.
(d) Hot and cold running water under pressure shall be provided to food preparation, utensil, and hand washing areas and any other areas in which water is required for cleaning. Running water under pressure shall be provided in sufficient quantity to carry out all food preparation, utensil washing, hand washing, cleaning, and other water-using operations.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0414 TOILET FACILITIES
(a) Toilets shall be provided in the plant by the owner or responsible individual and shall be kept clean and in good repair.
(b) Toilet tissue, in a holder, shall be provided by the owner or responsible individual.
(c) Toilet room doors shall not open directly into a processing area and shall be tight-fitting and self-closing.
(d) All toilet wastes and other sewage shall be disposed of in accordance with 15A NCAC 18A .1900 or 15A NCAC 02H .0200, which are incorporated by reference, including subsequent amendments.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0415 PREMISES
(a) The premises shall be maintained free from conditions that may constitute an attractant, breeding place, or harborage for pests such as unmowed weeds or grass, uncontained litter or waste, or unused equipment.
(b) To prevent pests and odors, shells and other solid waste shall not be permitted to accumulate on the premises.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0416 PERSONAL HYGIENE
(a) All employees shall wash their hands thoroughly with soap and running water before beginning work and again after each interruption or if their hands may have become soiled or contaminated. Hand washing signs shall be posted by the owner or responsible individual at each hand washing facility in a language understood by employees.
(b) All individuals employed or engaged in the shucking, packing, or repacking of shellfish shall wear clean, washable outer clothing. Clean plastic or rubber aprons, overalls, and rubber gloves shall be considered satisfactory.
(c) All individuals employed or engaged in the shucking, packing, or repacking of shellfish shall wear hair restraints and have clean fingernails free from nail polish and that are short enough to not extend past the fingertips. Employees shall not wear jewelry other than easily cleanable rings. The use of absorbent wraps or absorbent finger cots shall not be permitted.
(d) Employees shall not eat, drink, use electronic cigarettes or vaping products, or use tobacco in any form in the rooms where shellfish are stored, processed, or handled.
(e) An individual known to be a carrier of any disease that can be transmitted through the handling of shellfish or who has an infected wound or open lesion on any exposed portion of the body shall be prohibited from handling shellfish or coming into contact with food contact surfaces.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0417 EMPLOYEES' PERSONAL ARTICLES
Employees' street clothing, aprons, gloves, food, drink, and personal articles shall be stored in a room or locker separate from any area where shellfish are shucked or packed or any area that is used for the cleaning or storage of utensils.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0418 SUPPLY STORAGE
(a) Shipping containers, boxes, and other supplies shall be stored in a storage room or area. The storage room or area shall be kept clean.
(b) Pesticides, rodenticides, chemical agents, sanitizers, and other toxic substances shall be stored separate from processing areas or food contact surfaces using spacing or partitioning so that they cannot contaminate food, equipment, utensils, and single-service articles. Each of the following categories of toxic substances shall be stored separate from one another using spacing or partitioning such that one category of toxic substance is not mistaken for another category:
(1) pesticides and rodenticides;
(2) detergents, sanitizers, and cleaning agents; and
(3) caustic acids, polishes, and other chemicals.
(c) Cleaning compounds, sanitizers, and other toxic substances shall be labeled and used in accordance with the manufacturer's label directions.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0419 HARVEST VESSELS AND VEHICLES
(a) It shall be unlawful to use vessels or vehicles that are engaged in the commercial harvest, handling, or transport of shellstock in such a manner that allows contact of shellstock with bilge water, standing water, or other sources of contamination in the vessel or vehicle.
(b) It shall be unlawful to allow dogs or other animals on or inside vessels or vehicles that are engaged in the commercial harvest or transport of shellstock.
(c) It shall be unlawful to discharge human waste overboard from vessels or vehicles used in the harvesting of shellstock.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. June 17, 2024.
15A NCAC 18A .0420 TRANSPORTING Shellfish
(a) All shellfish storage areas in trucks, vessels, trailers, and other conveyances used for transporting shellfish shall be enclosed, tightly constructed to eliminate the entrance of pests, kept clean, and shall be subject to inspection by the Division of Marine Fisheries.
(b) It shall be unlawful to transport shellstock and in-shell product unless shipped under mechanical refrigeration and the shipping conveyance is pre-chilled and maintained at an ambient temperature of 45(F or below. The storage area of the shipping conveyance shall be equipped with an accurate, operating thermometer.
(c) It shall be unlawful to transport shucked shellfish unless maintained under temperature control of 45(F or below.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. May 1, 1994;
Readopted Eff. June 17, 2024.
15A NCAC 18A .0421 RECORDS
(a) All shellfish dealers who conduct any business of buying, selling, or shipping shellfish shall keep an accurate, daily record that shall show the names of all persons from whom shellfish are received, the address of any shellfish dealer from whom shellfish are received, the location of the source of shellfish, and the names and addresses of all persons to whom shellfish are sold or shipped with the exception of retail sales. For the purpose of this Rule, "retail sale" shall be defined as the sale of shellfish directly to end consumers. These records shall be kept on file for a minimum of one year for fresh shellfish, and a minimum of two years for frozen shellfish. All records shall be open to inspection by the Division of Marine Fisheries at the dealer facility at any time during business hours.
(b) All shellfish dealers who receive shellstock from licensed harvesters shall record the following information at the time of receipt:
(1) harvester name;
(2) harvest area;
(3) time of the start of harvest;
(4) quantity and type of shellfish received;
(5) time shellfish were received; and
(6) time shellfish were mechanically refrigerated.
(c) Each shellfish shipment shipped by a shellfish dealer shall be accompanied by a shipping document that includes:
(1) name, address, and certification number of shipping dealer;
(2) name and address of major consignee;
(3) type and quantity of shellfish product;
(4) date and time of shipment;
(5) documentation that shipping conveyance is pre-chilled at 45°F or below prior to shipment; and
(6) temperature of shellstock recorded by shipping dealer at time of shipment.
(d) A dealer receiving a shellfish shipment from another shellfish dealer shall record the temperature of the shipping conveyance and the temperature of the shellfish product received. These records shall be kept on file for a minimum of one year for fresh shellfish, and a minimum of two years for frozen shellfish. All records shall be open to inspection by the Division at the dealer facility at any time during business hours.
(e) Within 72 hours of any purchase or sale of shellfish, each purchase or sale shall be entered into a permanently bound ledger book, computer record, or any other method that permanently records the information and is organized so that it can be reviewed by the Division.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. August 1, 1998;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0422 SHELLSTOCK CLEANING
No person shall offer for sale any shellstock that have not been washed free of harvest area sediments and detritus. Water used for shellstock washing shall be obtained from a water source in accordance with Rule .0413 of this Section or from a growing area in the open status and classified as "approved" or "conditionally approved" as defined in Rule .0901 of this Subchapter.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0423 SALE OF LIVE SHELLSTOCK
Only live shellstock shall be offered for sale.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0424 SHELLFISH RECEIVING
No shellfish dealer shall receive or accept:
(1) any shellstock from:
(a) a licensed shellfish harvester unless:
(i) the container or package bears the harvest tag as required in Rule 15A NCAC 03K .0109 and in accordance with the HACCP plan; and
(ii) the shellstock was harvested from a growing area in the open status and classified as "approved" or "conditionally approved" as defined in Rule .0901 of this Subchapter and as indicated on the harvest tag; or
(b) another shellfish dealer unless the container or package bears the tag as required in Rule .0425 of this Section or, in the case of a bulk shipment, Rule .0426 of this Section; and
(2) any shellfish from another shellfish dealer unless:
(a) it is accompanied by the documentation required in Rule .0421(c) of this Section; and
(b) the shellfish temperature and other critical limits are in compliance with the HACCP plan.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. April 1, 1997;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0425 Dealer tags
(a) Consistent with the rules of this Section, it shall be unlawful to possess shellstock without a dealer tag or label affixed after the shellstock is processed or shipped by the initial certified shellfish dealer. The tag shall be durable, waterproof, and a minimum of two and five-eighths inches by five and one-fourth inches in size. It shall be unlawful for the tag to fail to contain legible information arranged in the specific order as follows:
(1) the dealer's name, address, and certification number assigned by the appropriate shellfish control agency;
(2) the original shipper's certification number;
(3) the harvest date, or if depurated, the date of depuration processing, or if wet stored, the original harvest date and the final harvest date, which is the date removed from wet storage;
(4) if wet stored or depurated, the wet storage or depuration cycle or lot number. The wet storage lot number shall begin with the letter "W";
(5) the most precise identification of the harvest location as is practicable, including the initials of the state of harvest, and the state or local shellfish control authority's designation of the growing area by indexing, administrative, or geographic designation. If the authority in another state has not indexed growing areas, then a geographical or administrative designation shall be used (e.g., Long Bay, shellfish lease or franchise number, or lot number);
(6) the type and quantity of shellstock;
(7) the following statements in bold, capitalized font:
(A) "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE, IN CHRONOLOGICAL ORDER, FOR 90 DAYS."; and
(B) "RETAILERS; DATE WHEN LAST SHELLFISH FROM THIS CONTAINER SOLD OR SERVED (INSERT DATE) ______.";
(8) the following statement, or equivalent:
"Consumer Advisory
Eating raw oysters, clams, or mussels may cause severe illness. People with the following conditions are at especially high risk: liver disease, alcoholism, diabetes, cancer, stomach or blood disorder, or weakened immune system. Ask your doctor if you are unsure of your risk. If you eat raw shellfish and become sick, see a doctor immediately."; and
(9) the following statement, or equivalent:
"Keep Refrigerated".
(b) The dealer tag or label shall remain attached to the shellstock container until the container is empty and thereafter shall be kept on file, in chronological order, for 90 days.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. April 1, 1997; January 4, 1994; December 1, 1987;
Temporary Amendment Eff. October 12, 1998; February 1, 1998;
Amended Eff. April 1, 1999;
Readopted Eff. March 15, 2023.
15A NCAC 18A .0426 BULK SHIPMENTS BETWEEN SHELLFISH DEALERS
(a) For the purpose of this Rule:
(1) "bulk shipment" shall mean a shipment of a shellstock lot between shellfish dealers.
(2) "shellstock lot" shall mean a single type of bulk shellstock or containers of shellstock of no more than one day's harvest from a single growing area harvested by one or more harvesters.
(b) Bulk shipments shall not be made except if the shipment is from only one consignor to one consignee, both of which shall be shellfish dealers.
(c) When a shellstock lot is shipped, if multiple containers are used they shall be on a wrapped pallet, in a tote, in a net bailer, or other container and the unit shall be tagged with a single tag in accordance with Rule .0425 of this Section. The single tag shall also include a statement that "All shellstock containers in this lot have the same harvest date and area of harvest" and shall include the number of individual containers in the unit.
(d) The shellfish dealer shall provide a transaction record that accompanies the bulk shipment that contains the same information required on a dealer's tag in Rule .0425 of this Section and additionally states the name of the consignee, which shall be a shellfish dealer.
(e) Bulk shipments shall be kept above the floor using pallets to prevent the shellstock from becoming contaminated, unless the shipping conveyance has a channeled floor.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0427 SHELLFISH STORAGE
(a) It shall be unlawful to fail to keep shellstock and in-shell product under mechanical refrigeration at a temperature of 45°F or below unless otherwise required by proclamation issued under the authority of 15A NCAC 03K .0110 or otherwise specified in the HACCP plan.
(b) Refrigerated storage areas shall be equipped with an accurate, operating thermometer.
(c) It shall be unlawful to fail to keep shucked shellfish under temperature control at a temperature of 45°F or below.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. May 1, 1994; December 1, 1987;
Readopted Eff. June 17, 2024.
15A NCAC 18A .0428 SAMPLING AND TESTING
Samples of shellfish may be taken and examined by the Division of Marine Fisheries at any time or place for routine quality control checks or to evaluate for threats of physical injury or adverse health effects to consumers. This may include bacteriological examination or analysis for poisonous or deleterious substances as listed in the latest approved edition of the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish, Section IV: Guidance Documents, Chapter II: Growing Areas; Action Levels, Tolerances and Guidance Levels for Poisonous or Deleterious Substances in Seafood, which is incorporated by reference, including subsequent amendments and editions. A copy of the reference material can be found at , at no cost. Samples of shellfish shall be furnished, upon request of the Division, by operators of plants, trucks, carriers, stores, restaurants, and other places where shellfish are sold.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0429 embargo OR DISPOSAL OF SHELLFISH
(a) When it has been determined by the Division of Marine Fisheries that shellfish have not been grown, harvested, stored, treated, transported, handled, shucked, packed, or offered for sale in compliance with Sections .0300 through .0900 of this Subchapter, those shellfish may be deemed adulterated in accordance with Rule .0438 of this Section, except as required in Rules .0405 and .0430 of this Section.
(b) Shellfish or shellfish products processed or prepared for sale to the public determined to be adulterated or misbranded shall be subject to embargo or disposal by the Division in accordance with G.S. 113-221.4. The authority of marine fisheries inspectors to seize shellfish or shellfish products pursuant to G.S. 113-137 shall not be affected by this Rule.
(c) If voluntary disposal of adulterated or misbranded shellfish or shellfish products is alternatively chosen by the shellfish dealer, responsible individual, or other person or facility specified in Rule .0401 of this Section, the product disposal shall be observed by a Division employee.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 113-221.4; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0430 BACTERIOLOGICAL and contamination STANDARDS
Shellfish shucked or in the shell and intended or offered for sale shall be deemed adulterated by the Division of Marine Fisheries if:
(1) the concentration of Escherichia coli exceeds a Most Probable Number (MPN), as defined in Rule .0901 of this Subchapter, of 230 per 100 grams of sample;
(2) the total bacteria count, as determined by a standard plate count, exceeds 500,000 colony-forming units, as defined in Rule .0901 of this Subchapter. The standard plate count method, as detailed in Recommended Procedures for the Examination of Sea Water and Shellfish 4th Edition, is incorporated by reference, not including subsequent amendments and editions. The method can be found at , at no cost; or
(3) the shellfish contain any contaminant that renders it unsafe for human consumption in accordance with the latest approved edition of the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish, Section IV: Guidance Documents, Chapter II: Growing Areas; Action Levels, Tolerances and Guidance Levels for Poisonous or Deleterious Substances in Seafood, which is incorporated by reference, including subsequent amendments and editions. A copy of the reference material can be found at , at no cost.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0431 STANDARDS FOR AN APPROVED SHELLFISH GROWING AREA
History Note: Authority G.S. 130A-230;
Eff. February 1, 1987;
Repealed Eff. May 1, 2021.
15A NCAC 18A .0432 PUBLIC DISPLAY OF CONSUMER ADVISORY
All shellfish dealers permitted by Rule .0302 of this Subchapter and all other businesses and persons that sell or serve raw shellfish shall post one of the following consumer advisories or an equivalent statement in a place where it may be observed by the public in the area where raw shellfish is sold or served:
(1) "Consumer Advisory
Eating raw or undercooked oysters, clams, whole scallops, or mussels may cause severe illness. People with the following conditions are at especially high risk: liver disease, alcoholism, diabetes, cancer, stomach or blood disorder, or weakened immune system. Ask your doctor if you are unsure of your risk. If you eat shellfish and become sick, see a doctor immediately."; or
(2) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions."
Nothing in this Rule is intended to supersede regulation of restaurants or other establishments subject to 15A NCAC 18A .2600 or the U.S. Food Code.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Temporary Adoption Eff. October 12, 1998; February 1, 1998;
Eff. April 1, 1999;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0433 HAZARD ANALYSIS
Each shellfish dealer shall conduct a hazard analysis to determine the food safety hazards that are reasonably likely to occur for each kind of shellfish product processed by that dealer and to identify the preventative measures that the dealer can apply to control those hazards. For the purpose of this Rule, "reasonably likely to occur" shall mean a food safety hazard for which a processor would establish controls because experience, illness data, scientific reports, or other information provide a basis to conclude that there is a reasonable possibility that it will occur in the absence of those controls, as defined in 21 CFR 123.6, which is incorporated by reference, including subsequent amendments and editions. A copy of the reference material can be found at , at no cost.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. August 1, 2000;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0434 HACCP PLAN
(a) Each shellfish dealer shall have and implement a written HACCP plan specific to each kind of shellfish product processed. The owner or authorized individual shall sign the plan when implemented, which shall signify that the plan has been accepted for implementation by the dealer. The HACCP plan shall also be signed by the owner or authorized individual after any modification or verification of the plan as required by this Rule. The plan shall, at a minimum:
(1) list the food safety hazards that are reasonably likely to occur;
(2) list the critical control points for each of the food safety hazards;
(3) list the critical limits that must be met for each of the critical control points;
(4) list the procedures, and frequency thereof, that will be used to monitor each of the critical control points to ensure compliance with the critical limits;
(5) list any corrective action plans to be followed in response to deviations from critical limits at critical control points;
(6) provide a record keeping system that documents critical control point monitoring; and
(7) list the verification procedures, and frequency thereof, that the dealer will use.
For the purpose of this Rule, "reasonably likely to occur" shall mean a food safety hazard for which a processor would establish controls because experience, illness data, scientific reports, or other information provide a basis to conclude that there is a reasonable possibility that it will occur in the absence of those controls, as defined in 21 CFR 123.6, which is incorporated by reference, including subsequent amendments and editions. A copy of the reference material can be found at , at no cost.
(b) With the exception of a shellfish dealer that has not been permitted for interstate commerce, the following functions shall be performed by an individual who has successfully completed Segment one and Segment two of a seafood HACCP training course approved by the Seafood HACCP Alliance or an equivalent training course where the curriculum covers the principles of HACCP, conducting a hazard analysis, and developing a HACCP plan for a seafood business:
(1) developing a HACCP plan;
(2) reassessing and modifying the HACCP plan; and
(3) performing the record review specified in Paragraph (d) of this Rule.
(c) If a deviation from a critical limit occurs, the shellfish dealer shall take corrective action in accordance with 21 CFR 123.7, which is incorporated by reference, including subsequent amendments and editions. A copy of the reference material can be found at (b), at no cost.
(d) At least annually, each shellfish dealer shall verify that the HACCP plan is being implemented to control food safety hazards. Verification procedures shall include:
(1) a reassessment of the plan when a change occurs that could affect the hazard analysis, and a review of any consumer complaints that have been received; and
(2) a review, including signing and dating by the trained individual or responsible individual, of the records that document the monitoring of critical control points, the taking of corrective actions, and the calibrating of any process-monitoring instruments. This review shall occur within one week of the day that the records are made.
(e) All records required by this Rule shall be retained at the dealer facility for at least one year after the date they were prepared in the case of refrigerated products, and at least two years after the date they were prepared in the case of frozen products and shall include:
(1) the name and location of the dealer;
(2) the date and time of the activity that the record reflects;
(3) the signature or initials of the individual performing the operation; and
(4) the identity of the product and the production code, if any.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 113-221.4; 143B-289.52;
Eff. August 1, 2000;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0435 SANITATION MONITORING REQUIREMENTS
(a) Each shellfish dealer shall monitor the following sanitation items when the plant is operational:
(1) safety of water;
(2) condition and cleanliness of food contact surfaces;
(3) prevention of cross-contamination;
(4) maintenance of hand washing, hand sanitizing, and toilet facilities;
(5) protection of shellfish, shellfish packaging materials, and food contact surfaces from becoming adulterated;
(6) proper labeling, storage, and use of toxic compounds;
(7) control of employees with adverse health conditions; and
(8) exclusion of pests from the facility.
(b) Monitoring records of these sanitation items shall be recorded at least daily and shall include the date and time of the activity that the record reflects, and the signature or initials of the individual performing the operation. The records shall be reviewed and signed by the owner or designated individual within one week of recording.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. August 1, 2000;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0436 MONITORING RECORDS
History Note: Authority G.S. 130A-230;
Eff. August 1, 2002;
Repealed Eff. April 1, 2024.
15A NCAC 18A .0437 In-shell product
(a) In-shell product shall be kept under mechanical refrigeration at a temperature of 45°F or below.
(b) In-shell product shall be tagged or labeled to contain the following indelible and legible information listed in sequential order:
(1) the shellfish dealer's name, address, and certification number assigned by the shellfish control agency in the state of the shellfish dealer's location;
(2) the original shipper's certification number, except if the in-shell product is depurated, the original shipper's certification number is not required;
(3) a "SELL BY date" that indicates the shelf-life or the words "BEST IF USED BY" followed by a date when the product would be expected to reach the end of its shelf-life. The date shall include month, day, and year;
(4) if the in-shell product is depurated, the depuration cycle number or lot number;
(5) the most precise identification of the harvest location as is practicable, including the initials of the state of harvest, and the state or local shellfish control authority's designation of the growing area by indexing, administrative, or geographic designation. If the authority in another state has not indexed growing areas, then a geographical or administrative designation shall be used (e.g., Long Bay, shellfish lease or franchise number, or lot number);
(6) the type and quantity of in-shell product; and
(7) the following statement in bold type on each tag or label: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE, IN CHRONOLOGICAL ORDER, FOR 90 DAYS." "RETAILERS: DATE WHEN LAST SHELLFISH FROM THIS CONTAINER SOLD OR SERVED (INSERT DATE)____________." OR "THIS LABEL IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RELABELED AND THEREAFTER KEPT ON FILE, IN CHRONOLOGICAL ORDER, FOR 90 DAYS." "RETAILERS: DATE WHEN LAST SHELLFISH FROM THIS CONTAINER SOLD OR SERVED (INSERT DATE)____________."
(c) In-shell product shall include one of the following consumer advisories, or equivalent statement:
(1) "Consumer Advisory
Eating raw or undercooked oysters, clams, whole scallops, or mussels may cause severe illness. People with the following conditions are at especially high risk: liver disease, alcoholism, diabetes, cancer, stomach or blood disorder, or weakened immune system. Ask your doctor if you are unsure of your risk. If you eat shellfish and become sick, see a doctor immediately."
(2) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions."
(d) The statement "Keep Refrigerated" or an equivalent statement shall be included on the tag or label.
(e) If in-shell product for retail sale is packed in individual containers of five pounds or less and shipped in a master container that includes a tag in compliance with Paragraph (b) of this Rule, the individual containers of five pounds or less shall not require tags as specified in Paragraph (b) of this Rule if a lot code number is included on each container that allows traceback of the in-shell product to the master container. A consumer advisory shall be included on each retail package in accordance with Paragraph (c) of this Rule.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. April 1, 2024.
15A NCAC 18A .0438 INSPECTIONS AND compliance SCHEDULE
(a) If a critical deficiency is detected during an inspection of a shellfish dealer by a Division of Marine Fisheries inspector:
(1) the deficiency shall be corrected by the shellfish dealer during that inspection; or
(2) the shellfish dealer shall immediately cease production affected by the deficiency.
If the shellfish dealer fails to correct the deficiency during the inspection, the Division shall initiate the suspension or revocation process for the Shellfish Dealer Permit and Certificate of Compliance as set forth in 15A NCAC 03O .0504. For the purpose of this Rule, "critical deficiency" shall mean a condition or practice that results in the production of a shellfish product that is adulterated or presents a threat to the health or safety of the consumer.
(b) Shellfish products affected by a critical deficiency shall be controlled to prevent adulterated product from reaching consumers. The Division shall:
(1) embargo or destroy adulterated shellfish in accordance with Rule .0429 of this Section;
(2) initiate a recall of adulterated shellfish; and
(3) notify enforcement officials for the United States Food and Drug Administration, as well as shellfish control authorities in states that are known to have received adulterated shellfish.
(c) If a key or other deficiency is detected during an inspection of a shellfish dealer by a Division inspector, a compliance schedule shall be issued by the Division inspector that provides a time frame by which the deficiency shall be corrected by the shellfish dealer. For the purpose of this Rule, "key or other deficiency" shall mean a deficiency other than a critical deficiency.
(d) If a shellfish dealer fails to meet the compliance schedule, the Division shall proceed with one of the following options:
(1) revise the existing compliance schedule;
(2) initiate the suspension or revocation process for the Shellfish Dealer Permit and Certificate of Compliance as set forth in 15A NCAC 03O .0504; or
(3) seek other administrative remedies.
(e) Nothing in this Rule shall be construed to limit or make null any option for remedy in accordance with Rule 15A NCAC 03O .0504 or other available administrative remedy.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 113-221.4; 143B-289.52;
Eff. April 1, 2024.
15A NCAC 18A .0439 RECALL PROCEDURE
Each shellfish dealer shall adopt and adhere to a written procedure for conducting recalls of adulterated or misbranded shellfish products. This written procedure shall be based on, and complementary to, the FDA Enforcement Policy on Recalls, CFR Title 21, Chapter 1, Subchapter A., Part 7-Enforcement Policy, which is incorporated by reference, including subsequent amendments and editions. A copy of the reference material can be found at , at no cost. This procedure shall include shellfish dealers notifying the Division of Marine Fisheries and any consignee receiving affected product when a recall begins, as well as removal or correction of the affected product.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. April 1, 2024.
SECTION .0500 – OPERATION OF SHELLSTOCK PLANTS AND RESHIPPERS
RULES .0501 - .0504 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .0501 - .0504); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .1001 - .1004 OF TITLE 10 SUBCHAPTER 10B OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10B .1001 - .1004), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .0501 REQUIREMENTS FOR SHELLSTOCK PLANTS AND RESHIPPERS
The rules in Section .0400 and the rules of this Section shall apply for the operation of shellstock plants and reshippers.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0502 GRADING SHELLSTOCK and commingling
(a) For the purpose of this Rule:
(1) "commingling" shall mean the act of combining different lots of shellfish harvested on different days in the same growing area or combining different lots of shellstock harvested from different growing areas.
(2) "lot" shall mean clams from one day's harvest, from a single growing area, harvested by one or more harvesters.
(b) The grading of shellstock by a shellfish dealer shall be conducted only in a permitted shellstock plant.
(c) A grading room or area separate from other processing operations shall be required for the grading of shellstock.
(d) The grader used to grade shellstock, and any other accessories or tables used in the grading operation, shall be constructed to be easily cleanable and shall be kept in good repair.
(e) Shellfish dealers shall not commingle any shellfish, except for clams with prior approval of a commingling plan by the Division of Marine Fisheries. A commingling plan shall be approved by the Division based on limiting the dates of harvest and growing areas and maintaining lot identity so that each individual lot of shellfish can be traced back to its harvest source.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0503 GRADER
History Note: Authority G.S. 130A-230;
Eff. February 1, 1987;
Repealed Eff. April 1, 2024.
15A NCAC 18A .0504 RESHIPPERS
Reshippers shall only purchase shellfish from other shellfish dealers and sell the product to other shellfish dealers, wholesalers, or retailers without repacking or relabeling.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
SECTION .0600 – OPERATION OF SHELLFISH SHUCKING AND PACKING PLANTS AND REPACKING PLANTS
RULES .0601 - .0619 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .0601 - .0619); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .1101 - .1119 OF TITLE 10 SUBCHAPTER 10B OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10B .1101 - .1119), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .0601 REQUIREMENTS FOR SHUCKING AND PACKING PLANTS AND REPACKING PLANTS
The rules in Section .0400 and the rules of this Section shall apply for the operation of shucking and packing plants and repacking plants.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0602 SEPARATION OF OPERATIONS
A shucking and packing plant shall provide separate areas for shellstock storage, shucking, heat shock, and general storage. A packing area that is separate from other processing areas and with a delivery window or shelf as set forth in Rule .0605 of this Section shall be required.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0603 HOT WATER SYSTEM
An automatically regulated hot water system shall be provided that has capacity to furnish water at a temperature of at least 130(F during all hours of shucking and packing plant operation.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0604 HANDWASHING FACILITIES
History Note: Authority G.S. 130A-230;
Eff. February 1, 1987;
Repealed Eff. April 1, 2024.
15A NCAC 18A .0605 DELIVERY WINDOW OR SHELF
(a) A delivery window or a non-corrosive shelf shall be installed between the shucking area and packing area. If a delivery window is used it shall be equipped with a shelf completely covered with smooth, non-corrosive metal or other impervious material and shall be sloped to drain towards the shucking area.
(b) No shuckers or individuals that are not designated as packers by the owner or responsible individual shall be allowed in the packing area.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0606 NON-FOOD CONTACT SURFACES
All non-food contact surfaces of equipment such as cabinets and shelving shall be impervious and constructed to be easily cleanable.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0607 SHUCKING BENCHES
Shucking benches, tables, and contiguous walls to a height of at least two feet above the bench top, shall be of smooth concrete, non-corrosive metal, or other durable impervious material, free from cracks and pits, and constructed so that drainage is complete and is directed away from the stored shellfish. Shucking blocks shall be solid, one-piece construction, removable, and easily cleanable. The stands, stalls, and stools shall be of smooth material and shall be painted with a light-colored washable paint, such as white in color, so that unclean surfaces can be detected.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0608 EQUIPMENT CONSTRUCTION
(a) All pails, skimmers, measures, tanks, tubs, blowers, paddles, and other equipment, that come into contact with shucked shellfish or with ice used for direct cooling of shellfish, shall be made of smooth, non-corrosive, impervious materials and constructed so as to be easily cleanable and shall be kept clean and in good repair.
(b) All equipment, including external and internal blower lines and hoses below a point two inches above the overflow level of the tank and blower drain valves, shall be constructed as to be easily cleanable in accordance with the "Shellfish Industry Equipment Guide" referenced in Rule .0402 of this Subchapter.
(c) The blower and skimmer drain shall not be directly connected with the sewer. There shall be an air gap between the blower and skimmer outlets. A floor drain shall be provided.
(d) Air-pump intakes shall be located in a place protected from dirt and other contamination, and shall be equipped with filters.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0609 SANITIZING EQUIPMENT
Washing and sanitizing facilities, including a three-compartment wash sink of adequate size to wash the largest utensils used in the shucking and packing plant, shall be provided in a section of the plant so that it can service the work areas. The sink shall be kept in good repair. Permanent hot and cold water connections, with combination supply faucets, shall be installed so that all vats may receive hot and cold water. Either steam, hot water, or a sanitizing solution shall be used to sanitize utensils and equipment.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. December 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0610 EQUIPMENT SANITATION
All utensils and tools, such as opening knives, shucking pails, measures, skimmers, colanders, tanks, tubs, paddles, and containers that come in contact with shellfish shall be thoroughly cleaned and then sanitized by:
(1) steam in a steam chamber or box equipped with an indicating thermometer located in the coldest zone, by exposure to a temperature of 170°F for at least 15 minutes, or to a temperature of 200°F for at least five minutes;
(2) immersion in hot water at a temperature of 170°F for at least two minutes;
(3) immersion for at least one minute in, or exposure for at least one minute to a constant flow of, a solution containing not less than 100 parts per million chlorine residual. Utensils and equipment that must be washed in place shall require washing, rinsing, and sanitizing; or
(4) other equivalent products and procedures approved in 21 CFR 178.1010, which is incorporated by reference, including subsequent amendments and editions. A copy of the reference material can be found at , at no cost.
A testing method or equipment shall be available and used to test chemical sanitizers to ensure minimum prescribed strengths.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0611 EQUIPMENT STORAGE
Equipment and utensils that have been cleaned and sanitized shall be stored in a manner to prevent contamination.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0612 ICE
(a) Ice shall be obtained from a water supply approved by the Division of Marine Fisheries pursuant to Rule .0413 of this Subchapter and shall be stored and handled in a manner to prevent contamination and keep the ice clean.
(b) All equipment used in the handling of ice shall be used for no other purpose and shall be cleaned and sanitized at least once each day the facility is in operation.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0613 SHELLFISH SHUCKING
(a) Shellfish shall be shucked in a manner to prevent contamination. Shellstock shall be free of excessive sediment prior to being shucked. Only live shellstock shall be shucked.
(b) Shucking of shellstock shall only be permitted on shucking tables or benches in accordance with Rules .0402 and .0607 of this Subchapter. Floors shall not be used for the storage of shellfish or the retention of shucking pails or other food contact containers.
(c) When shellstock are stored in the shucking room, protection shall be provided for the storage space to prevent the shellstock from becoming adulterated from wash water wastes and from the feet of the employees.
(d) Shucking pails shall be placed so as to exclude the drippings from shells and from the hands of shuckers. The pails shall be rinsed with running tap water before each filling.
(e) Shucked shellfish shall be washed on a skimmer or a container approved by the Division of Marine Fisheries with cold running water from a source in accordance with Rule .0413 of this Subchapter.
(f) The return of excess shucked shellfish from the packing room shall not be allowed. All shucked shellfish shall be packed before it leaves the packing room.
(g) If blowers are used for cleansing, the total time that shellfish are in contact with water after leaving the shucker, including the time of washing, rinsing, and any other contact with water, shall not be more than 30 minutes. In computing the time of contact with water, the length of time that shellfish are in contact with water that is agitated shall be calculated at twice the actual length of time that the shellfish are in contact with the water. Before packing into containers for shipment or delivery for consumption, the shellfish shall be drained. Shellfish shall be packed without any added substance.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0614 CONTAINERS
(a) Containers used for transporting shucked shellfish shall be made from food-safe materials. These containers shall not be reused for packing shellfish.
(b) The shucker-packer's or repacker's name and address and certification number shall be permanently and visibly recorded on the label of each container used for shucked shellfish.
(c) Any container of shucked shellfish that has a capacity of 64 fluid ounces or more shall include the words "DATE SHUCKED" followed by the date shucked permanently recorded on the lid and sidewall or bottom of the container. The date shall consist of either the abbreviation for the month and number of the day of the month or the Julian format (YDDD), the last digit of the four-digit year and the three-digit number corresponding to the day of the year.
(d) Any container of shucked shellfish that has a capacity of less than 64 fluid ounces shall include the words "SELL BY" or "BEST IF USED BY" followed by a date when the product will reach the end of its projected shelf life. The date shall consist of the abbreviation for the month and number of the day of the month.
(e) For fresh frozen shellfish, the year shall be added to the date for non-Julian format. If fresh frozen, the container shall be labeled as frozen in equal size type immediately adjacent to the type of shellfish. If a frozen container of shucked shellfish is thawed and repacked, the container shall be labeled as previously frozen.
(f) Each container of shucked shellfish shall include a consumer advisory. The following statement, or an equivalent statement, shall be included on all containers: "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions."
(g) No person shall use containers bearing a certification number other than the number assigned to him or her.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. August 1, 1998; February 1, 1997; December 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0615 SHELLFISH COOLING
(a) For shellstock that has not been refrigerated prior to processing, shucked meats and in-shell product shall be chilled to an internal temperature of 45°F or less within three hours of shucking or processing.
(b) For shellstock that has been refrigerated prior to processing, shucked meats and in-shell product shall be chilled to an internal temperature of 45°F or less within four hours after removal from refrigeration.
(c) If heat shock is used, once shellstock is shucked, the shucked shellfish meats shall be cooled to an internal temperature of 45°F or less within two hours from the time of heat shock.
(d) Shucked and packed shellfish shall be stored in covered containers at an ambient temperature of 45°F or less or covered in ice.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. April 1, 1997;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0616 SHELLFISH FREEZING
(a) If shellfish are to be frozen, they shall be frozen within three days of shucking and packing. Containers of frozen shellfish shall be labeled in accordance with Rule .0614 of this Section.
(b) A temperature of 0(F or less shall be maintained in the frozen storage rooms.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. April 1, 1997; December 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0617 SHIPPING
History Note: Authority G.S. 130A-230;
Eff. February 1, 1987;
Amended Eff. April 1, 1997;
Repealed Eff. April 1, 2024.
15A NCAC 18A .0618 HEAT SHOCK METHOD OF PREPARATION OF SHELLFISH
(a) If a shucking and packing plant uses the heat shock process, it shall be done in a separate room adjacent to the shellstock storage room and the shucking room.
(b) The heat shock tank shall be constructed of smooth, non-corrosive metal, designed to drain completely and to be easily cleanable.
(c) All heat shock tanks shall be equipped with booster heaters that are thermostatically controlled.
(d) All shellstock subjected to the heat shock process shall be washed with flowing potable water immediately prior to the heat shock operation.
(e) During the heat shock process the water shall be maintained at not less than 140°F or more than 150°F. An accurate thermometer shall be available and used to determine the temperature during the heat shock process.
(f) Nothing in this Rule shall be construed to prohibit any other process that has been found by the Division of Marine Fisheries to be equally effective.
(g) At least eight gallons of heat shock water shall be maintained in the tank for each one-half bushel of shellstock being treated. All water used in the heat shock process shall be from a source approved by the Division in accordance with Rule .0413 of this Subchapter.
(h) Immediately after the heat shock process, all treated shellstock shall be subjected to a cool-down with flowing potable water. All heat-shocked shellstock shall be handled in a manner to prevent the product from becoming adulterated. Shellfish that have been subjected to the heat shock process shall be cooled to an internal temperature of 45°F or below within two hours after this process and shall be placed in storage at 45°F or below.
(i) At the close of each day's operation, the heat shock tank shall be completely emptied of all water, mud, and detritus, and cleaned and then rinsed with flowing potable water.
(j) All heat shock tanks shall be sanitized immediately before starting each day's operation.
(k) The procedure for the heat shock process shall be posted in a location that can be viewed by employees to help ensure the correct procedure can be followed.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. August 1, 2002; August 1, 1998; February 1, 1997; September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0619 REPACKING OF SHELLFISH
(a) If repacking is practiced, it shall be conducted in accordance with all the requirements for shucking and packing plants in the rules of this Section except for requirements related to shucking.
(b) The shucked shellfish to be repacked shall be received at the repacking plant at a temperature of 45°F or less.
(c) Shellfish shall not be repacked more than one time.
(d) The temperature of the shellfish shall not exceed an internal temperature of 45°F for more than two hours during the repacking process.
(e) Containers of repacked shellfish shall be repacked and labeled in accordance with Rule .0614 of this Section, except that the original date of shucking shall be added to the new repacked container or the original date of shucking shall be used in establishing the "SELL BY" or "BEST IF USED BY" date.
(f) Repackers shall keep records indicating the source from which shellfish were purchased, the date packed, the date of purchase, and the names and addresses of shellfish dealers to whom shellfish were sold.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. December 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0620 SHELLFISH THAWING AND REPACKING
(a) If frozen shellfish are thawed, they shall be thawed at a temperature of 45(F or less.
(b) Shellfish held for thawing shall be separated from other shellfish.
(c) Thawed shellfish shall not exceed 45(F for more than two hours during the repacking process.
(d) Containers of repacked, thawed shellfish shall be labeled as required in Rule .0619 of this Section and shall also be labeled as "PREVIOUSLY FROZEN", or equivalent.
(e) Thawed shellfish that remain in original containers shall be labeled as required in Rule .0614 of this Section and shall also be labeled as "PREVIOUSLY FROZEN", or equivalent.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. April 1, 1997;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0621 RECALL PROCEDURE
History Note: Authority G.S. 130A-230;
Eff. August 1, 1998;
Repealed Eff. April 1, 2024.
SECTION .0700 – OPERATION OF DEPURATION (MECHANICAL PURIFICATION) FACILITIES
RULES .0701 - .0713 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .0701 - .0713); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .1201 - .1213 OF TITLE 10 SUBCHAPTER 10B OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10B .1201 - .1213), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .0701 REQUIREMENTS For Depuration
(a) In addition to and to the extent not inconsistent with other applicable provisions of North Carolina Marine Fisheries Commission rules, requirements for depuration shall be in accordance with the 2019 Revision of the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish chapter titled "Depuration", which is incorporated by reference, not including subsequent amendments and editions. A copy of the reference material is available online at: , at no cost.
(b) All laboratory analyses used to evaluate the effectiveness of the depuration process shall be performed by a laboratory found by a Food and Drug Administration (FDA) Shellfish Laboratory Evaluation Officer or by an FDA-certified State Shellfish Laboratory Evaluation Officer to conform or provisionally conform to the requirements established under the National Shellfish Sanitation Program (NSSP).
(c) If a method is needed for the analysis of depuration process water and shellfish that are used to evaluate the effectiveness of the depuration process and no method approved for use within the NSSP exists, the following may be used:
(1) a validated Association of Analytical Communities, Bacteriological Analysis Manual, or Environmental Protection Agency method; or
(2) an Emergency Use Method as set forth in the latest approved edition of the NSSP Guide for the Control of Molluscan Shellfish.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0702 FACILITY SUPERVISION
15A NCAC 18A .0703 FACILITY DESIGN AND SANITATION
History Note: Authority G.S. 130A-230;
Eff. February 1, 1987;
Repealed Eff. April 1, 2024.
15A NCAC 18A .0704 LABORATORY PROCEDURES
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Amended Eff. September 1, 1991; September 1, 1990;
Readopted Eff. May 1, 2021;
Repealed Eff. April 1, 2024.
15A NCAC 18A .0705 FACILITY OPERATIONS
15A NCAC 18A .0706 SHELLFISH SAMPLING PROCEDURES
15A NCAC 18A .0707 DEPURATION PROCESS WATER CONTROL - SAMPLING PROCEDURES
15A NCAC 18A .0708 DEPURATION TREATMENT PROCESS WATER - STANDARDS
15A NCAC 18A .0709 DEPURATION - SHELLFISH MEAT STANDARDS
15A NCAC 18A .0710 ULTRAVIOLET UNIT
15A NCAC 18A .0711 SHELLSTOCK STORAGE
15A NCAC 18A .0712 DEPURATION - TAGGING AND RELEASE OF SHELLFISH
15A NCAC 18A .0713 DEPURATION - RECORDS
History Note: Authority G.S. 130A-230;
Eff. February 1, 1987;
Amended Eff. September 1, 1990; December 1, 1987;
Repealed Eff. April 1, 2024.
SECTION .0800 – WET STORAGE OF SHELLSTOCK
RULES .0801 - .0806 OF TITLE 15A SUBCHAPTER 10B OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.10B .0801 - .0806); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .1301 - .1306 OF TITLE 10 SUBCHAPTER 10B OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10B .1301 -.1306), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .0801 REQUIREMENTS FOR WET STORAGE OF SHELLSTOCK
(a) In addition to and to the extent not inconsistent with other applicable provisions of North Carolina Marine Fisheries Commission Rules, requirements for wet storage shall be in accordance with the 2019 Revision of the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish (hereinafter referred to as "Model Ordinance") chapter titled "Wet Storage in Approved and Conditionally Approved Growing Areas", which is incorporated by reference except as provided in Paragraph (b) of this Rule, not including subsequent amendments and editions. A copy of the reference material is available online at: , at no cost.
(b) Amendments and exceptions to the Model Ordinance chapter titled "Wet Storage in Approved and Conditionally Approved Growing Areas" incorporated by reference include:
(1) Section @.01, .04, C(1)(a) is amended to read: "Except for a water source in accordance with Rule .0413 of this Subchapter, the quality of the surface source water prior to treatment shall meet, at a minimum, the bacteriological standards for the conditionally approved classification in the open status. Water classified as prohibited or restricted shall not be used as source water."
(2) the following sections are not incorporated by reference and shall not apply: Sections @.01, .04, C(2)(a)(ii), @.01, .04, C(2)(b), @.01, .04, C(2)(c), and @.01, .04, C(2)(d).
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. February 1, 1987;
Readopted Eff. April 1, 2024.
15A NCAC 18A .0802 PLANT DESIGN: SANITATION: AND WET STORAGE
15A NCAC 18A .0803 WET STORAGE WATER
15A NCAC 18A .0804 SHELLSTOCK CLEANING
15A NCAC 18A .0805 WET STORAGE TANKS
15A NCAC 18A .0806 SHELLSTOCK CONTAINERS
History Note: Authority G.S. 130A-230;
Eff. February 1, 1987;
Repealed Eff. April 1, 2024.
SECTION .0900 - CLASSIFICATION OF SHELLFISH GROWING WATERS
15A NCAC 18A .0901 DEFINITIONS
The following definitions shall apply to this Section.
(1) "Approved" means shellfish growing waters determined suitable by the Division for the harvesting of shellfish for direct market purposes.
(2) "Closed-system marina" means a marina constructed in canals, basins, tributaries, or any other area with restricted tidal flow.
(3) "Colony forming unit" means an estimate of the number of viable bacteria cells in a sample as determined by a plate count.
(4) "Commercial marina" means a marina that offers one or more of the following services: fuel, transient dockage, haul-out facilities, or repair services.
(5) "Conditionally approved" means shellfish growing waters that are subject to predictable intermittent pollution but that may be used for harvesting shellfish for direct market purposes when management plan criteria are met.
(6) "Division" means the Division of Marine Fisheries or its authorized agent.
(7) "Estimated 90th percentile" means a statistic that measures the variability in a sample set that shall be calculated by:
(a) calculating the arithmetic mean and standard deviation of the sample result logarithms (base 10);
(b) multiplying the standard deviation in Sub-Item (a) of this Item by 1.28;
(c) adding the product from Sub-Item (b) of this Item to the arithmetic mean; and
(d) taking the antilog (base 10) of the results from Sub-Item (c) of this Item to determine the estimated 90th percentile.
(8) "Fecal coliform" means bacteria of the coliform group that will produce gas from lactose in a multiple tube procedure liquid medium (EC or A-1) within 24 plus or minus two hours at 44.5( C plus or minus 0.2( C in a water bath.
(9) "Geometric mean" means the antilog (base 10) of the arithmetic mean of the sample result logarithm.
(10) "Marina" means any water area with a structure (such as a dock, basin, floating dock) that is utilized for docking or otherwise mooring vessels and constructed to provide temporary or permanent docking space for more than 10 boats.
(11) "Marine biotoxins" means any poisonous compound produced by marine microorganisms and accumulated by shellstock.
(12) "Median" means the middle number in a given sequence of numbers, taken as the average of the two middle numbers when the sequence has an even number of numbers.
(13) "Most probable number (MPN)" means a statistical estimate of the number of bacteria per unit volume and is determined from the number of positive results in a series of fermentation tubes.
(14) "National Shellfish Sanitation Program (NSSP)" means the cooperative federal-state-industry program for the sanitary control of shellfish that is adequate to ensure that the shellfish produced in accordance with the NSSP Guide For The Control Of Molluscan Shellfish will be safe and sanitary.
(15) "Open-system marina" means a marina constructed in an area where tidal currents have not been impeded by natural or man-made barriers.
(16) "Private marina" means any marina that is not a commercial marina as defined in this Rule.
(17) "Prohibited" means shellfish growing waters unsuitable for the harvesting of shellfish for direct market purposes.
(18) "Public health emergency" means any condition that may immediately cause shellfish waters to be unsafe for the harvest of shellfish for human consumption.
(19) "Restricted" means shellfish growing waters from which shellfish may be harvested only by permit and are subjected to a treatment process through relaying or depuration that renders the shellfish safe for human consumption.
(20) "Sanitary survey" means the written evaluation of factors that affect the sanitary quality of a shellfish growing area including sources of pollution, the effects of wind, tides, and currents in the distribution and dilution of polluting materials, and the bacteriological quality of water.
(21) "Shellfish" means the term as defined in G.S. 113-129, except the term shall not include scallops when the final product is the shucked adductor muscle only.
(22) "Shellfish growing area" means a management unit that defines the boundaries of a sanitary survey and that is used to track the location where shellfish are harvested.
(23) "Shellfish growing waters" means marine or estuarine waters that support or could support shellfish life.
(24) "Shellstock" means live molluscan shellfish in the shell.
(25) "Shoreline survey" means an in-field inspection by the Division to identify and evaluate any potential or actual pollution sources or other environmental factors that may impact the sanitary quality of a shellfish growing area.
(26) "Systematic random sampling strategy" means a sampling strategy designed to assess the bacteriological water quality of shellfish growing waters impacted by non-point sources of pollution and scheduled sufficiently far in advance to support random collection with respect to environmental conditions.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. June 1, 1989;
Amended Eff. August 1, 1998; February 1, 1997; September 1, 1990;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0902 CLASSIFICATION OF SHELLFISH GROWING WATERS
(a) All shellfish growing waters shall be classified by the Division of Marine Fisheries as to their suitability for shellfish harvesting. Shellfish growing waters shall be designated with one of the following classifications:
(1) approved;
(2) conditionally approved;
(3) restricted; or
(4) prohibited.
(b) Maps showing the classification of shellfish growing waters shall be maintained by the Division.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. June 1, 1989;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0903 SANITARY SURVEY
(a) Shellfish growing waters shall be divided into shellfish growing areas by the Division of Marine Fisheries. Maps showing the boundaries of these shellfish growing areas shall be maintained by the Division and can be found at: .
(b) Except in shellfish growing areas where all shellfish growing waters are classified as prohibited, the Division shall complete a sanitary survey report for each shellfish growing area at least once every three years.
(c) A sanitary survey report shall include the following:
(1) a shoreline survey.
(2) an evaluation of meteorological, hydrodynamic, and geographic factors that may affect distribution of pollutants.
(3) a microbiological survey to assess water quality. A microbiological survey shall include the collection of water samples and their analysis for fecal coliforms. The number and location of sampling stations shall be selected to produce the data necessary to effectively evaluate all point and non-point pollution sources identified during the shoreline survey. A minimum of six samples shall be collected annually from each designated sampling station.
(4) a determination of the appropriate classification for all shellfish growing waters within the shellfish growing area in accordance with Rule .0902 of this Section.
(d) A sanitary survey report shall be required to designate any portion of a shellfish growing area with a classification other than prohibited, or for a reclassification from:
(1) prohibited to any other classification;
(2) restricted to conditionally approved or approved; or
(3) conditionally approved to approved.
All other reclassifications may be made without a sanitary survey.
(e) In each calendar year that a shellfish growing area is not evaluated with a sanitary survey, a written annual evaluation report shall be completed by the Division and shall include the following:
(1) a microbiological survey to assess water quality as set forth in Subparagraph (c)(3) of this Rule.
(2) an evaluation of changes in pollution source impacts that may affect the classifications of the shellfish growing area.
If the annual evaluation determines conditions have changed and a classification for shellfish growing waters is incorrect, the Division shall initiate action to reclassify the shellfish growing waters in accordance with Rule .0902 of this Section.
(f) Sanitary survey reports and annual evaluation reports shall be maintained by the Division.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. June 1, 1989;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0904 APPROVED WATERS
Shellfish growing waters classified as approved for shellfish harvesting shall meet the following criteria as indicated by a sanitary survey, as set forth in Rule .0903 of this Section:
(1) the shoreline survey indicates there are no significant point sources of pollution;
(2) the area is not contaminated with fecal material, pathogenic microorganisms, poisonous or deleterious substances, or marine biotoxins that may render consumption of the shellfish hazardous; and
(3) the microbiological survey, as set forth in Rule .0903(c)(3) of this Section, indicates the bacteriological water quality does not exceed the following standards based on results generated using the systematic random sampling strategy:
(a) a median fecal coliform most probable number (MPN) or geometric mean MPN of 14 per 100 milliliters;
(b) a median fecal coliform colony-forming units (CFU) or geometric mean CFU of 14 per 100 milliliters;
(c) an estimated 90th percentile of 43 MPN per 100 milliliters for a five-tube decimal dilution test; or
(d) an estimated 90th percentile of 31 CFU per 100 milliliters for a membrane filter membrane-Thermotolerant Escherichia coli (mTEC) test.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. June 1, 1989;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0905 CONDITIONALLY APPROVED WATERS
(a) Shellfish growing waters may be classified as conditionally approved if the Division of Marine Fisheries determines the following:
(1) the sanitary survey indicates the shellfish growing waters will not meet the approved waters classification criteria as set forth in Rule .0904 of this Section under all conditions, but will meet those criteria under certain conditions;
(2) the conditions when the shellfish growing waters will meet the approved waters classification criteria are known and predictable;
(3) the public bottom within those shellfish growing waters support a population of harvestable shellfish; and
(4) staff are available to carry out the requirements defined in the management plan, as set forth in Paragraph (b) of this Rule.
(b) A written management plan shall be developed by the Division for conditionally approved areas. This plan shall define the conditions under which the shellfish growing waters may be open to the harvest of shellfish. If the conditions defined in the management plan are not met, the Division shall immediately close the shellfish growing waters to shellfish harvesting.
(c) All conditionally approved growing waters shall be re-evaluated on an annual basis. A written report summarizing this re-evaluation shall be produced and shall include the following:
(1) an evaluation of compliance with management plan criteria;
(2) a review of the cooperation of all persons involved;
(3) an evaluation of bacteriological water quality in the growing waters with respect to the standards for the classification; and
(4) an evaluation of critical pollution sources.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. June 1, 1989;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0906 RESTRICTED AREAS
(a) Shellfish growing waters may be classified as restricted if:
(1) a sanitary survey indicates there are no significant point sources of pollution; and
(2) levels of fecal pollution, human pathogens, or poisonous or deleterious substances are at such levels that shellstock can be made safe for human consumption by either relaying or depuration.
(b) Relaying of shellfish shall be conducted in accordance with all applicable rules, including 15A NCAC 03K and 15A NCAC 18A .0300.
(c) Depuration of shellfish shall be conducted in accordance with all applicable rules, including 15A NCAC 03K and 15A NCAC 18A .0300 and .0700.
(d) For shellfish growing waters classified as restricted and used as a source of shellstock for depuration, the microbiological survey, as set forth in Rule .0903(c)(3) of this Section, shall indicate the bacteriological water quality does not exceed the following standards based on results generated using the systematic random sampling strategy:
(1) a median fecal coliform most probable number (MPN) or geometric mean MPN of 88 per 100 milliliters;
(2) a median fecal coliform colony-forming units (CFU) or geometric mean CFU of 88 per 100 milliliters;
(3) an estimated 90th percentile of 260 MPN per 100 milliliters for a five-tube decimal dilution test; or
(4) an estimated 90th percentile of 163 CFU per 100 milliliters for a membrane filter membrane-Thermotolerant Escherichia coli (mTEC) test.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. June 1, 1989;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0907 PROHIBITED WATERS
Shellfish growing waters shall be classified as prohibited if:
(1) no current sanitary survey, as set forth in Rule .0903 of this Section, exists for the growing area; or
(2) the sanitary survey determines:
(a) the shellfish growing waters are adjacent to a sewage treatment plant outfall or other point source outfall with public health significance; or
(b) the shellfish growing waters are contaminated with fecal material, pathogenic microorganisms, poisonous or deleterious substances, or marine biotoxins that render consumption of shellfish from those growing waters hazardous.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. June 1, 1989;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0908 UNSURVEYED AREAS
History Note: Authority G.S. 130A-230;
Eff. June 1, 1989;
Repealed Eff. May 1, 2021.
15A NCAC 18A .0909 BUFFER ZONES
(a) The Division of Marine Fisheries shall establish a buffer zone around the following:
(1) marinas, in accordance with Rule .0911 of this Section; and
(2) wastewater treatment plant outfalls or other point source outfalls determined to be of public health significance, in accordance with the latest approved edition of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, Section II: Model Ordinance, Chapter IV: Shellstock Growing Areas, which is incorporated by reference, including subsequent amendments and editions, and available at at no cost.
(b) Buffer zones shall be classified as prohibited.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. June 1, 1989;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0910 RECLASSIFICATION
History Note: Authority G.S. 130A-230;
Eff. June 1, 1989;
Repealed Eff. May 1, 2021.
15A NCAC 18A .0911 MARINAS, DOCKING FACILITIES, AND OTHER MOORING AREAS
The Division of Marine Fisheries shall classify shellfish growing waters with respect to marinas, docking facilities, and other mooring areas as follows:
(1) the Division shall classify all waters within a marina as prohibited to the harvesting of shellfish for human consumption; and
(2) the Division shall conduct a dilution analysis, in the form of a volumetric calculation or in-field hydrographic study, to determine the volume of water necessary to dilute the concentration of fecal coliform bacteria to less than 14 MPN. The Division shall classify the water area determined by this dilution analysis as prohibited to the harvesting of shellfish for human consumption. The Division shall conduct the dilution analysis yearly and shall incorporate the following:
(a) the findings of the shoreline survey, including the presence of a sewage pumpout system or dump station;
(b) the physical factors influencing the dilution and dispersion of human wastes; and
(c) for marinas, docking facilities, and mooring areas in close proximity to one another, slip counts and services shall be combined for the purposes of the dilution analysis. Marinas, docking facilities, and mooring areas, each with three slips or more, shall be considered to be in close proximity to one another if the dilution analysis for each individual facility indicates that the dilution areas meet or overlap.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. June 1, 1989;
Amended Eff. July 1, 1993;
Readopted Eff. June 1, 2023.
15A NCAC 18A .0912 SHELLFISH MANAGEMENT AREAS
History Note: Authority G.S. 130A-230;
Eff. June 1, 1989;
Repealed Eff. June 1, 2022.
15A NCAC 18A .0913 PUBLIC HEALTH EMERGENCY
(a) The Division of Marine Fisheries shall immediately close any potentially impacted shellfish growing waters to the harvesting of shellfish in the event of a public health emergency.
(b) The Division may re-open shellfish growing waters if the condition causing the public health emergency no longer exists and shellfish have had time to purify naturally from possible contamination.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. June 1, 1989;
Readopted Eff. May 1, 2021.
15A NCAC 18A .0914 LABORATORY PROCEDURES
(a) All laboratory analyses used for the evaluation of shellfish growing areas shall be performed by a laboratory found by a Food and Drug Administration (FDA) Shellfish Laboratory Evaluation Officer or by an FDA-certified State Shellfish Laboratory Evaluation Officer to conform or provisionally conform to the requirements established under the National Shellfish Sanitation Program (NSSP).
(b) All methods for the analysis of shellfish and shellfish growing waters that are used for the evaluation of shellfish growing areas shall be cited in the latest edition of the NSSP Guide for the Control of Molluscan Shellfish, Section IV: Guidance Documents, subsection Approved NSSP Laboratory Tests, which is incorporated by reference, including subsequent amendments and editions, and available at at no cost, or validated for use by the NSSP under the Constitution, Bylaws and Procedures of the Interstate Shellfish Sanitation Conference, which is incorporated by reference, including subsequent amendments and editions, and available at , at no cost. If there is an immediate or ongoing critical need for a method and no method approved for use within the NSSP exists, the following may be used:
(1) a validated Association of Analytical Communities, Bacteriological Analysis Manual, or Environmental Protection Agency method; or
(2) an Emergency Use Method as set forth in the latest approved edition of the NSSP Guide for the Control of Molluscan Shellfish.
History Note: Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. June 1, 1989;
Amended Eff. September 1, 1991; September 1, 1990;
Readopted Eff. May 1, 2021.
SECTION .1000 - SANITATION OF SUMMER CAMPS
15A NCAC 18A .1001 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Basecamp" means the permanent base of operations of the summer camp served by permanent connection to a public electrical service provider.
(2) "Bathing facility" means any facility designed to wash the whole body, including a shower facility.
(3) "Camp food service kitchen" means the interior of a camp kitchen facility at the basecamp, of permanent construction, operated and staffed by the camp employees, used to prepare food for camp attendees, employees, and guests. This term does not include an educational kitchen.
(4) "Clean" means that an object or surface has been made free of garbage, solid waste, soil, dust, hair, dander, food, bodily fluids and secretions, and feces.
(5) "Closed" means that a summer camp is not offering food or lodging to the public.
(6) "Community water supply" means a community water system as defined at G.S. 130A-313(10).
(7) "Cookout" means an organized activity staffed and operated by the summer camp at the basecamp involving outdoor cooking and dining.
(8) "Cross-connection" means as defined in 15A NCAC 18C .0102(c)(8).
(9) "DCDEE" means the Division of Child Development and Early Education of the North Carolina Department of Health and Human Services.
(10) "Department" means the North Carolina Department of Health and Human Services.
(11) "Educational kitchen" means a kitchen facility at base camp that can be operated by campers and staff for personal use or instructional purposes.
(12) "Employee" means as defined in Part 1-2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A 2651.
(13) "Equipment" means as defined in Part 1-2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2651. "Equipment" also includes washing machines and dryers.
(14) "Evaluation" means an in-person visit from the regulatory authority to a summer camp for the purpose of assessing whether the summer camp will be issued a permit, or have a suspension lifted, pursuant to Rule .1004 of this Section. An evaluation does not result in a letter grade being issued.
(15) "Garbage" means as defined at G.S. 130A-290(7).
(16) "Good repair" means in a working safe condition. But for food service equipment and utensils, good repair means as defined at 15A NCAC 18A .2651(8).
(17) "Inspection" means an in-person visit from the regulatory authority to an open summer camp with an active permit for the purpose of assessing the camp's sanitation pursuant to Rule .1008 of this Section. An inspection results in a letter grade being issued.
(18) "Linen" means fabric items such as bedding, towels, cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments including cloth gloves.
(19) "Litter" means refuse as defined in 130A-290(28).
(20) "Local health department" means as defined in G.S. 130A-2(5).
(21) "Non-community water supply" means a noncommunity water system as defined at G.S. 130A-313(10).
(22) "Open" means that a summer camp is offering food or lodging to the public.
(23) "Permanent sleeping quarters" means those buildings, cabins, platform tents, covered wagons, or teepees provided by the camp that remain in a fixed location during the camp operation session and provide overnight lodging accommodations for camp participants.
(24) "Pest" means as defined at G.S. 143-460(26a).
(25) "Pest harborage" means any condition that provides water or food and shelter for pests.
(26) "Poisonous or toxic materials" means as defined in Part 1-2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2651.
(27) "Potable water" means water that is safe for human consumption.
(28) "Public electrical service provider" means an entity that furnishes electricity for pay.
(29) "Refuse" means as defined at G.S. 130A-290(28).
(30) "Regulatory authority" means the Department or authorized agent of the Department.
(31) "Responsible person" means the administrator, operator, owner, or other person in charge of the operation of the summer camp.
(32) "Rubbish" means refuse as defined in 130A-290(28).
(33) "Sanitarian" means the same as "Registered Environmental Health Specialist" as defined at G.S. 90A-51(4).
(34) "Sanitize" means as defined in Part 4-7 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2654.
(35) "Sewage and other liquid waste" means sewage as defined in G.S. 130A-334(13).
(36) "Solid waste" means as defined at G.S. 130A-290(35).
(37) "Summer camp" means those camp establishments which prepare or serve food for pay or provide overnight lodging accommodations for pay, for groups of children or adults engaged in organized recreational or educational programs. This definition does not include:
(a) those day camps required to obtain a license through DCDEE;
(b) Campgrounds or other facilities that only rent property or campsites for camping;
(c) Resident camps, Children's Foster Care Camps, and Residential Therapeutic (Habilitative) Camps as defined in 15A NCAC 18A .3601; or
(d) Primitive experience camps as defined in 15A NCAC 18A .3501.
(38) "Summer camp premises" means the physical facilities of the summer camp, the contents of those facilities, and the contiguous land or property under the control of the permit holder or responsible person. This term does not include a camp food service kitchen facility.
(39) "Supplemental cooking rooms" means as defined in 15A NCAC 18A .2651(20).
(40) "Swimming pool" means a public swimming pool as defined in Section .2500 of this Subchapter.
(41) "Time/Temperature Control for Safety Food" or "TCS Food" means as defined in Part 1-2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2651.
(42) "Toilet facility" means water closets or privies.
(43) "Vermin" means "Pest" as defined at G.S. 143-460(26a).
(44) "Warewashing" means as defined in Part 1-2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2651.
(45) "Wildlife" means as defined in G.S. 143-460(38).
History Note: Authority G.S. 130A-4; 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. November 1, 2002; September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1002 FIELD SANITATION
(a) Summer camps may conduct activities away from base camp provided field sanitation standards are maintained in accordance with 15A NCAC 18A .3619.
(b) Summer camps may conduct cookouts at basecamp provided field sanitation standards are maintained in accordance with 15A NCAC 18A .3619(1) and (4) through (7), except that written procedures are not required.
History Note: Authority G.S. 130A-4; 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1003 STANDARDS AND APPROVAL OF PLANS
(a) Plans drawn to scale for the proposed construction of summer camp kitchen facilities, lodging facilities, bathing facilities, and toilet facilities shall be submitted to the local health department of the county in which the camp is located. Plans and equipment specifications for construction or remodeling of a camp food service kitchen shall be submitted in accordance with the provisions of Part 8-2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2658. Construction shall not be started until the plans have been approved by the local health department. The local health department shall approve, disapprove, or mark incomplete plans for summer camps within 30 days of their receipt. If the local health department disapproves plans or marks them incomplete, the local health department shall provide written comments to the submitter informing them of what is missing or incomplete. If the local health department fails to approve, disapprove, or mark incomplete plans within 30 days of their receipt, the plans shall be deemed approved.
(b) Plans for the proposed construction or remodeling of a public swimming pool at a summer camp shall be submitted in accordance with 15A NCAC 18A .2509.
History Note: Authority G.S. 130A-4; 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1004 PERMITS
(a) No person shall operate a summer camp within the State of North Carolina who does not possess a valid permit from the Department. No summer camp permit shall be issued until an evaluation by the regulatory authority shows that the establishment complies with all rules within this Section.
(b) Summer camps shall complete and submit to the Department an Advanced Notification for Operation at least 45 days prior to the first date of operation each calendar year. The advanced notification form shall be obtained from the Department and shall include the following information:
(1) type of camp (Summer, Resident, Primitive Experience);
(2) date notification is submitted;
(3) dates of operation (a calendar schedule may be attached);
(4) the name of the camp;
(5) the physical and billing addresses of the camp;
(6) the name of the camp responsible person;
(7) contact information for the responsible person including phone numbers and emails;
(8) type of water supply;
(9) type of wastewater system;
(10) the capacity of the camp including campers and staff;
(11) the date the water supply will be accessible for sampling and inspection if applicable;
(12) the dates, prior to the first date of operation, when facilities will be inspected by camp management to ensure that:
(A) camp facilities are clean, and in good repair;
(B) camp kitchen equipment, including required refrigeration and dishwashing equipment, is clean and operational;
(C) camp buildings and permanent sleeping quarters are free of all bats and other vermin, wildlife, and pest harborages; and
(D) the camp is free from conditions which represent a threat to the public health;
(13) list of any public swimming pools, wading pools, or water recreation attractions at the camp; and
(14) the name, signature, and title of the person completing the form.
(c) Upon transfer of ownership of an existing summer camp, the regulatory authority shall complete an evaluation of the facility. If the establishment satisfies all the requirements of this Section, a permit shall be issued. If the establishment does not satisfy all the requirements of this Section, a permit shall not be issued. If the regulatory authority determines that the noncompliant items are related to construction or equipment items that do not represent a threat to the public health, a transitional permit may be issued. The transitional permit shall expire 180 days after the date of issuance, unless suspended or revoked before that date, and shall not be renewed. Upon expiration of the transitional permit, the permit holder or responsible person shall have corrected the noncompliant items and obtained a summer camp permit, or the summer camp shall be closed.
(d) The regulatory authority shall impose conditions on the issuance of a summer camp permit or transitional permit, if necessary, to ensure that the summer camp remains in compliance with the rules of this Section. Conditions may be specified for one or more of the following areas:
(1) The number of persons served;
(2) The categories of food served;
(3) Time schedules in completing minor construction items;
(4) Modification or maintenance of water supplies, water use fixtures and sanitary sewage systems;
(5) Use of facilities for more than one purpose;
(6) Continuation of contractual arrangements upon which basis the permit was issued;
(7) Submission and approval of plans for renovation; and
(8) Any other conditions necessary for the summer camp to remain in compliance with the Rules of this Section.
(e) A summer camp permit or transitional permit shall be immediately revoked in accordance with G.S. 130A-23(d) for failure of the facility to maintain a minimum grade of C. A permit or transitional permit may otherwise be suspended or revoked in accordance with G.S. 130A-23. If a permit or transitional permit has been suspended, the suspension shall be lifted if the regulatory authority has evaluated the establishment and found that the violations causing the suspension have been corrected. If a permit or transitional permit has been revoked, a new permit shall be issued only after the regulatory authority has evaluated the establishment and found it to comply with all applicable rules. These evaluations shall be scheduled and conducted within 15 days after the request is made by the summer camp's permit holder or responsible person.
History Note: Authority G.S. 130A-4; 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 1992; September 1, 1990; March 1, 1988;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1005 PUBLIC DISPLAY OF GRADE CARD
Inspections of summer camps shall be made in accordance with this Section at least once during each season's operation. Upon completion of an inspection, the sanitarian shall remove the existing grade card, issue a grade card, and post the new grade card in a conspicuous place where it may be readily observed by the public upon entering the facility. The owner or operator shall be responsible for keeping the grade card posted at the location designated by the sanitarian at all times.
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1006 INSPECTIONS AND REINSPECTIONS
Upon request from the permit holder or responsible person for a reinspection for the purpose of raising the alphabetical grade of their summer camp, the regulatory authority shall make an unannounced inspection within 15 calendar days from the date of the request. If the camp is closed for the 15 calendar days following the request, the permit holder or responsible person shall inform the regulatory authority when the camp will open, and the regulatory authority shall make an unannounced inspection within 15 calendar days of when the camp opens.
History Note: Authority G.S. 130A-4; 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1007 INSPECTION FORMS
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; June 30, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019;
Repealed Eff. April 1, 2024.
15A NCAC 18A .1008 GRADING
(a) The grading of summer camps shall be based on a system of scoring wherein summer camps receiving a score of at least 90 percent shall receive Grade A, summer camps receiving a score of at least 80 percent and less than 90 percent shall receive Grade B, and summer camps receiving a score of at least 70 percent and less than 80 percent shall receive Grade C. Permits shall be immediately revoked in accordance with G.S. 130A-23(d) for summer camps receiving a score of less than 70 percent.
(b) The grading of summer camps shall include the grading of the summer camp premises and the camp food service kitchen, if applicable, using an inspection form provided by the Department. The form shall include the following information:
(1) name and mailing address of the summer camp;
(2) name of summer camp permit holder;
(3) summer camp permit status and score given;
(4) length of season;
(5) number of residents;
(6) standards of construction and operation referenced in Paragraph (c) and (d) of this Rule;
(7) an explanation for all points deducted;
(8) signature of the regulatory authority; and
(9) date of the inspection.
(c) The grading of the summer camps premises shall be based on the standards of operation and construction as set forth in Rules .1002, .1010, .1011, .1013 through .1016, and .1017(f) through .1028 of this Section as follows:
(1) Violation of Rule .1010 of this Section related to summer camp site free of actual or potential health hazards shall equal no more than three points.
(2) Violation of Rule .1011(a), (b), or (c) of this Section related to water supply approved and no cross connections shall equal no more than four points.
(3) Violation of Rule .1011(d) of this Section related to hot water facilities provided, hot and cold water under pressure shall equal no more than two points.
(4) Violation of Rule .1013 of this Section related to sewage and liquid waste disposal shall equal no more than four points.
(5) Violation of Rule .1025 of this Section related to solid waste storage and cleaning facilities shall equal no more than three points.
(6) Violation of Rule .1024(1) or (2) of this Section related to camp building floors, walls, and ceilings properly constructed, clean, and in good repair shall equal no more than four points.
(7) Violation of Rule .1024(3) of this Section related to lighting and ventilation adequate, clean, and in good repair shall equal no more than two points.
(8) Violation of Rule .1016 of this Section related to lodging facilities and permanent sleeping quarters provided by the camp, properly arranged, clean, and in good repair shall equal no more than three points.
(9) Violation of Rule .1016 of this Section related to separate storage and handling of clean and dirty linen in lodging facilities provided by the camp shall equal no more than two points.
(10) Violation of Rule .1014(a) through (d) of this Section related to toilet, handwashing, or bathing facilities shall equal no more than four points.
(11) Violation of Rule .1014(e) of this Section related to laundry areas and equipment clean and in good repair; soiled laundry handled and stored separately from clean laundry shall equal no more than two points.
(12) Violation of Rule .1015 of this Section related to drinking water facilities shall equal no more than one point.
(13) Violation of Rule .1026(b) or .1028(a) of this Section related to storage, handling, and use of pesticides, poisonous or toxic materials, and hazardous materials shall equal no more than three points.
(14) Violation of Rule .1026(a) or (e) of this Section related to measures to exclude flies, rodents and other vermin from entry into food service areas and permanent sleeping quarters and measures to prevent pest harborages on the premises shall equal no more than three points.
(15) Violation of Rule .1026(c) and .1028(b) of this Section related to clean camp premises, protective railings, and fences in good repair, shall equal no more than three points.
(16) Violation of Rule .1017(f) or (g), or .1026(d) of this Section related to sanitation standards, lighting protected, and live animals not present in educational kitchen facilities shall equal no more than two points.
(17) Violation of Rule .1002 of this Section related to field sanitation standards maintained for cookouts or activities involving food preparation or service away from base camp, and written procedures when required, shall equal no more than three points.
(18) Violation of Rule .1023 of this Section related to the storage and handling of ice outside of a camp food service kitchen shall equal no more than two points.
(d) The grading of a camp food service kitchen shall be based solely on the standards of operation and construction set forth in Rule .1017(a) through .1017(e) of this Section as follows:
(1) Violation of Chapter 2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2652 related to person in charge present; performance of PIC duties shall equal no more than one point.
(2) Violation of Chapter 2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2652 related to management awareness, policy present; proper use of reporting, restriction, and exclusion; procedures for responding to vomiting and diarrheal events shall equal no more than two points.
(3) Violation of Chapter 2 or 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2652 and .2653 related to proper employee eating, tasting, drinking, or tobacco use; no discharge from eyes, nose, and mouth shall equal no more than one point.
(4) Violation of Chapter 2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2652 related to hands clean and properly washed shall equal no more than three points.
(5) Violation of Chapter 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 related to no bare hand contact with ready-to-eat food or approved alternate method properly followed shall equal no more than two points.
(6) Violation of Chapters 5 or 6 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2655 and .2656 related to handwashing facilities supplied and accessible shall equal no more than one point.
(7) Violation of .1017(d) or Chapter 3 or 5 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 and .2655 related to food obtained from an approved source; food received at proper temperature; food in good condition, safe, unadulterated; required records available, shellstock tags, parasite destruction; water and ice from approved source shall equal no more than three points.
(8) Violation of Chapter 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 related to food separated and protected; disposition of returned, previously served, reconditioned, and unsafe food shall equal no more than two points.
(9) Violation of Chapter 4 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2654 related to food-contact surfaces cleaned and sanitized shall equal no more than two points.
(10) Violation of Chapter 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 related to cooking time and temperatures; pasteurized eggs used where required shall equal no more than two points.
(11) Violation of Chapter 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 related to reheating procedures for hot holding shall equal no more than two points.
(12) Violation of Chapter 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 related to cooling time and temperatures; proper cooling methods shall equal no more than two points.
(13) Violation of Chapter 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 related to hot holding temperatures shall equal no more than two points.
(14) Violation of Chapter 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 related to cold holding temperatures shall equal no more than two points.
(15) Violation of Chapter 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 related to date marking and disposition shall equal no more than two points.
(16) Violation of Chapter 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 related to time as a public health control procedures and records shall equal no more than two points.
(17) Violation of Chapter 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 related to consumer advisory provided for raw or undercooked foods; pasteurized foods used and prohibited foods not offered shall equal no more than two points.
(18) Violation of Chapter 3 or 7 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 and .2657 related to food additives approved and properly used; toxic substances properly identified, stored, and used shall equal no more than two points.
(19) Violation of Chapters 3 and 4 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 and .2654 related to adequate equipment for temperature control; plant food properly cooked for hot holding; approved thawing methods used shall equal no more than two points.
(20) Violation of Chapter 4 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2654 related to thermometers provided and accurate shall equal no more than one point.
(21) Violation of Chapter 3 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 related to food being properly labeled or in the original container shall equal no more than one point.
(22) Violation of Chapters 2 and 6 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2652 and .2656 related to insects and rodents not present and no unauthorized animals shall equal no more than one point.
(23) Violation of Chapters 2, 3, 4, 6, or 7 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2652, .2653, .2654, .2656, and .2657 related to contamination prevented during food preparation, storage, and display, personal cleanliness, wiping cloths properly used and stored, and washing fruits and vegetables shall equal no more than two points.
(24) Violation of Chapters 3 and 4 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 and .2654 related to in-use utensils properly stored; utensils, equipment, and linens properly stored, dried and handled; single-use and single-service articles properly stored and used; gloves used properly shall equal no more than two points.
(25) Violation of Chapters 3 and 4 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 and .2654 related to equipment, food and non-food contact surfaces approved, cleanable, properly designed, constructed and used; warewashing facilities installed, maintained, used, and test strips shall equal no more than one point.
(26) Violation of Chapter 4 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2654 related to non-food contact surfaces clean shall equal no more than one point.
(27) Violation of Chapters 5 and 6 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2655 and .2656 related to hot and cold water available and adequate pressure; plumbing installed and proper backflow devices; sewage and wastewater properly disposed; toilet facilities properly constructed, supplied, and cleaned; garbage and refuse properly disposed and facilities maintained shall equal no more than two points.
(28) Violation of .1017(e) or Chapters 4 or 6 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2654 and .2656 related to physical facilities installed, maintained, and clean shall equal no more than one point.
(29) Violation of Rule .1017(c) regarding lighting intensity, or Chapters 4 and 6 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2654 and .2656 related to meets ventilation and lighting requirements and designated areas used shall equal no more than one point.
(e) The inspection form shall be used to document points assessed for violations of the rules of this Section as set forth in Paragraph (c) and (d) of this Rule.
(f) In filling out the inspection form, points shall be deducted only once for a single occurrence or condition existing within the summer camp. Deductions shall be based on actual violations of the rules of this Section observed during the inspection. The regulatory authority shall take zero, one-half, or a full deduction of points depending upon the severity or the recurring nature of the violation.
(g) Water stains on walls or ceilings are not violations unless microbial growth is present.
(h) The posted grade card shall be black on a white background on a form provided by the Department. The alphabetical and numerical rating shall be 1.5 inches in height. No other public displays representing sanitation level of the establishment may be posted by the summer camp unless approved by the regulatory authority.
History Note: Authority G.S. 130A-4; 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019;
Amended Eff. April 1, 2024.
15A NCAC 18A .1009 STANDARDS
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019;
Repealed Eff. April 1, 2024.
15A NCAC 18A .1010 SITE
The topography, drainage and other site factors shall be satisfactory for the camp facilities and activities, and the site shall be free of actual or potential health hazards.
History Note: Authority G.S. 130A-248;
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. July 20, 2019.
15A NCAC 18A .1011 WATER SUPPLY
(a) Water supplies shall meet the requirements in 15A NCAC 18A .1700 or 15A NCAC 18C, as applicable.
(b) For summer camps that use a non-community water supply, a sample of water shall be collected by the Department once a year and submitted to the North Carolina State Laboratory of Public Health or other laboratory certified by the North Carolina State Laboratory of Public Health under 10A NCAC 42C .0102 to perform bacteriological examinations. If the summer camp has been closed for more than 180 consecutive days during any 365-day period, the regulatory authority shall collect these samples at least 30 days and not more than 60 days prior to the camp's scheduled opening date. Failure of the regulatory authority to collect these samples at least 30 days prior to the camps scheduled opening shall not impede the opening of the camp.
(c) A summer camp's water supply plumbing shall not include cross-connections.
(d) Summer camps shall provide hot water heating facilities. Hot and cold running water under pressure shall be provided to food preparation areas, bathing facilities, and any other areas in which water is required for cleaning.
History Note: Authority G.S. 130A-4; 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; July 1, 1986;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1012 RECREATIONAL WATERS
When public swimming pools are provided by a summer camp, they shall meet the requirements of Section .2500 of this Subchapter.
History Note: Authority G.S. 130A-4; 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1013 LIQUID WASTES
All sewage and other liquid wastes shall be disposed of in a public sewer system or, in the absence of a public sewer system, by a properly operating sanitary sewage system approved by the Department.
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; July 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1014 TOILET: HANDWASHING: LAUNDRY: AND BATHING FACILITIES
(a) All summer camps shall be provided with toilet, handwashing, and bathing facilities which are available for use by employees and campers during all hours the camp is open. Toilets for campers shall be located so that the campers do not pass through a camp food service kitchen to enter the toilet rooms. Toilet facilities shall be provided at a rate of not more than 25 campers and staff per toilet seat. Toilet facilities shall be provided within 500 feet of permanent sleeping quarters and within 500 feet of every camp kitchen facility. Urinals may substitute for no more than two-thirds of toilets. The toilet facility ratio and distance requirements of this Paragraph do not apply to any structure used in the operation of the summer camp before the effective date of this Rule.
(b) Handwashing facilities with running potable water, soap, and individual towels or hand-drying devices shall be provided and located in or immediately adjacent to all flush toilet facilities. All camp kitchen facilities at basecamp shall contain at least one sink that can be used for handwashing supplied with hot and cold running water through mixing faucets, soap, and individual towels or hand-drying devices.
(c) Bathing facilities shall be provided with hot and cold potable water. Bathing facilities shall not be required for day camps where neither campers nor staff stay at the camp overnight.
(d) All toilet, handwashing, and bathing fixtures shall be kept clean and in good repair.
(e) Laundry areas and equipment, if provided, shall be kept clean and in good repair. Soiled laundry shall be handled and stored separately from clean laundry.
History Note: Authority G.S. 130A-4; 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1015 DRINKING WATER FACILITIES
Drinking water facilities shall be provided so that water can be dispensed in a sanitary manner. Drinking fountains, if provided, shall be of a sanitary angle-jet design, shall be kept clean and shall be properly regulated.
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1016 LODGING FACILITIES
Permanent sleeping quarters shall provide cross ventilation, at least 30 inches between beds, a minimum of six feet between heads of sleepers and at least one bed for every camper. Only single beds or double level bunk beds shall be allowed. Lodging facilities, whether provided by the camp or by individual campers, shall be kept clean and in good repair. Clean linen and soiled linen shall be stored and handled separately and in a sanitary manner.
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 1992; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1017 FOOD SERVICE FACILITIES
(a) Summer camps that prepare or serve food for pay shall include at least one camp food service kitchen and a covered dining hall. A camp food service kitchen shall comply with the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2651-.2658 with the following exceptions:
(1) Any TCS food required to be maintained at or below 41 degrees Fahrenheit by the provisions set forth in Part 3-501 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 may also be maintained between 41 degrees Fahrenheit and 45 degrees Fahrenheit in refrigeration equipment that is not capable of maintaining the food at 41 degrees Fahrenheit or less if:
(A) The equipment is in place and in use in the camp food service kitchen on or before the effective date of this Rule;
(B) On or before April 1, 2026, the equipment is upgraded or replaced to maintain food at a temperature of 5 degrees Celsius or 41 degrees Fahrenheit or less; and
(C) Any food required to be datemarked in accordance with Part 3-501.17 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 is clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded when held at a temperature between 41 degrees Fahrenheit and 45 degrees Fahrenheit for a maximum of 4 days. The day of preparation shall be counted as Day 1;
(2) The provisions of Part 8-405 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2658 shall not apply to camp food service kitchens;
(3) The lighting intensity requirements set forth in Part 6-303.11 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2656 shall not apply;
(4) Nothing in these Rules shall prohibit family style service where patrons elect to participate in the family dining-table type of service;
(5) For all equipment, except warewashing equipment, non-commercial equipment in good repair shall be allowed in a camp food service kitchen;
(6) When only single-service eating and drinking utensils are used, a sink with at least two-compartments meeting the requirements set forth in Chapter 4 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2654 shall be acceptable as the camp food service kitchen warewashing sink;
(7) The provisions of Part 2-102 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2652 shall not apply; and
(8) The following provisions of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2651 -.2658 shall be effective for summer camps beginning April 1, 2025:
(A) Part 2-103.11 Person In Charge;
(B) Part 2-201 Responsibilities of Permit Holder, Person in Charge, Food Employees, and Conditional Employees;
(C) Part 4-302.13(B) Temperature Measuring Devices, Mechanical Warewashing; and
(D) Part 2-501.11 Clean-up of Vomiting and Diarrheal Events.
(b) After April 1, 2026, all TCS food in camp food service kitchens shall be held in accordance with the provisions of Part 3-501 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 with no allowance for cold holding above 41 degrees Fahrenheit.
(c) Camp food service kitchens shall be illuminated by natural or artificial means.
(d) If camp food service is provided by contract with an outside person or operated by an outside company, the responsibility for compliance with food service sanitation requirements remains with the permit holder. The permit holder shall confirm that all food provided by an outside person or company complies with the requirements of Part 3-201.11 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653.
(e) Supplemental cooking rooms shall be allowed in summer camps. Supplemental cooking rooms shall comply with the standards set forth in 15A NCAC 18A .2664 except that the lighting intensity requirements in Item (7) of that Rule shall not apply.
(f) Educational kitchens may be operated with non-commercial utensils and equipment. Notwithstanding the provisions set forth in this Section, field sanitation standards set forth in 15A NCAC 18A .3619 shall be met in educational kitchens.
(g) The lighting in any educational kitchen, food preparation area, or food storage area shall comply with Part 6-202.11 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2656.
History Note: Authority G.S. 130A-4; 130A-248;
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. July 20, 2019;
Amended Eff. April 1, 2024.
15A NCAC 18A .1018 FOOD SERVICE UTENSILS AND EQUIPMENT
15A NCAC 18A .1019 FOOD SUPPLIES
15A NCAC 18A .1020 SHELLFISH
15A NCAC 18A .1021 MILK AND MILK PRODUCTS
15A NCAC 18A .1022 FOOD PROTECTION
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 1993; September 1, 1990; July 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019;
Repealed Eff. April 1, 2024.
15A NCAC 18A .1023 ICE HANDLING
Ice shall be handled, transported, stored, and dispensed in such a manner as to be protected from contamination. If block ice is used, outer surfaces shall be thoroughly rinsed before crushing. Ice crushers, buckets, containers and scoops shall be kept clean and shall be stored and handled in a sanitary manner. Facilities for the making and storage of ice shall be kept clean and in good repair and shall be so located as to be protected from the elements, splash, drip, dust, vermin, and other contamination, and from use by unauthorized personnel.
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1024 CONSTRUCTION AND MAINTENANCE REQUIREMENTS
All camp buildings shall be of sound construction, shall comply with the North Carolina Building Code, Volume I, II, shall be kept clean and in good repair and shall comply with the following specific requirements:
(1) All floors shall be of such materials and so constructed as to be easily cleanable, shall be kept free of obstacles to cleaning and shall be kept clean and in good repair. The floor area shall be sufficient to accommodate all necessary operations. Floors in the rooms used for the handling, storage, and preparation of food; rooms in which utensils are washed; walk-in refrigerators; dressing or locker rooms; laundry rooms; and toilet rooms shall be of nonabsorbent materials such as concrete, terrazzo, tile, durable grades of linoleum or plastic, or equal, provided that floors in non-refrigerated dry storage areas need not be nonabsorbent. In all rooms in which water is routinely discharged to the floor, or in which floors are subjected to flooding-type cleaning, floors shall be concrete, terrazzo, tile or equal, shall slope to drain, and be provided with floor drains.
(2) The walls of all rooms shall be kept clean and in good repair. All walls and ceilings in rooms used for the handling, storage and preparation of food; rooms in which utensils or equipment are washed; dressing or locker rooms; toilet rooms and bath rooms shall be easily cleanable and light colored; and walls shall have washable surfaces to the highest level reached by splash or spray in rooms or areas where such occur.
(3) All rooms and areas shall be well lighted and ventilated, by natural or artificial means, which shall be effective under actual use conditions. Lighting fixtures and ventilating equipment shall be kept clean and in good repair. Ventilation systems shall comply with the North Carolina Building Code, Volume III, and vents to the outside air shall discharge in such a manner as not to create a nuisance.
History Note: Authority G.S. 130A-248;
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. July 20, 2019.
15A NCAC 18A .1025 SOLID WASTES
(a) All solid wastes containing food scraps and other decomposable material shall, prior to disposal, be kept in leak-proof, nonabsorbent containers such as standard garbage cans, which shall be kept covered with tight-fitting lids when filled or stored, or not in continuous use. Storage racks elevated above the ground are required for outside storage of garbage cans. All dry rubbish (including scrap paper, cardboard, etc.) shall be stored in containers, rooms, or designated areas, in an approved manner.
(b) The rooms, enclosures, designated areas, and containers shall be adequate for the storage of all solid wastes accumulating on the premises. Container cleaning facilities, including a mixing faucet with hose threads, shall be provided and each container, room, or designated area shall be thoroughly cleaned after emptying or removal of wastes. All solid wastes shall be disposed of with sufficient frequency and in such a manner approved by the Department.
History Note: Authority G.S. 130A-248;
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. July 20, 2019.
15A NCAC 18A .1026 VERMIN CONTROL: PREMISES: STABLES
(a) Effective measures shall be taken to keep flies, rodents, and other vermin out of the food service areas and permanent sleeping quarters, and to prevent their breeding or presence on the premises. Unless flies or other flying insects are absent from the immediate vicinity of the camp, all openings to the outer air of food service areas and sleeping quarters shall be effectively protected against the entrance of such insects by self-closing doors, closed windows, 16-inch mesh or finer screening, controlled air currents, or other effective means.
(b) Only those pesticides shall be used which have been approved for a specific use and properly registered with the Environmental Protection Agency and with the North Carolina Department of Agriculture in accordance with the "Federal Environmental Pesticide Control Act" and the "North Carolina Pesticide Law". Such pesticides shall be used as directed on the label and shall be so handled and stored as to avoid health hazards.
(c) The premises under control of the management shall be kept neat, clean and free of litter.
(d) No live birds or animals shall be permitted in the kitchen or dining areas.
(e) Horse stables, if provided, shall be in a location removed from the main recreation center of activity to minimize potential odor and nuisance problems. All manure shall be stored, removed, or disposed of in such a manner as to minimize the breeding of flies.
History Note: Authority G.S. 130A-248;
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. July 20, 2019.
15A NCAC 18A .1027 FOOD SERVICE EMPLOYEES
History Note: Authority G.S. 130A-248;
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. July 20, 2019;
Repealed Eff. April 1, 2024.
15A NCAC 18A .1028 MISCELLANEOUS
(a) Potentially hazardous materials, such as fuel, chemicals, explosives, equipment and apparatuses, shall be handled and stored so as to minimize health hazards.
(b) Protective railings, fences, or similar enclosures shall be provided where necessary and shall be kept in good repair.
History Note: Authority G.S. 130A-248;
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. July 20, 2019.
15A NCAC 18A .1029 SEVERABILITY
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Expired Eff. August 1, 2019 pursuant to G.S. 150B-21.3A.
15A NCAC 18A .1030 REFERENCE RULES
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1986; June 10, 1978;
Repealed Eff. September 1, 1990.
15A NCAC 18A .1031 APPEALS PROCEDURE
Appeals concerning the interpretation and enforcement of the rules in this Section shall be made in accordance with G.S. 150B.
History Note: Authority G.S. 130A-248;
Eff. February 1, 1987;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
SECTION .1100 - SANITATION OF FOOD AND BEVERAGE VENDING MACHINES
RULES .1101 - .1135 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .1101 - .1135); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .1101 - .1135 TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .1101 - .1135). RULES .1136 - .1137 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .1136 - .1137); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .1137 - .1138 TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .1137 - .1138), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .1101 DEFINITIONS
15A NCAC 18A .1102 ISSUANCE OF PERMIT
15A NCAC 18A .1103 APPLICATION FOR COMMISSARY PERMIT
15A NCAC 18A .1104 APPLICATION FOR VENDING MACHINE PERMIT
15A NCAC 18A .1105 DISPLAY
15A NCAC 18A .1106 LIST OF MACHINES
15A NCAC 18A .1107 SUSPENSION OR REVOCATION OF PERMITS
15A NCAC 18A .1108 ADVANCE NOTICE OF CERTAIN INSTALLATIONS
15A NCAC 18A .1109 INSPECTIONS OF VENDING MACHINES AND COMMISSARIES
15A NCAC 18A .1110 ADULTERATED OR MISBRANDED FOOD OR BEVERAGE
15A NCAC 18A .1111 REQUIREMENTS FOR VENDING MACHINES
15A NCAC 18A .1112 SATISFACTORY COMPLIANCE
15A NCAC 18A .1113 MACHINE LOCATION
15A NCAC 18A .1114 EXTERIOR CONSTRUCTION AND MAINTENANCE
15A NCAC 18A .1115 INTERIOR CONSTRUCTION AND MAINTENANCE
15A NCAC 18A .1116 APPROVED MACHINES
15A NCAC 18A .1117 WATER SUPPLY
15A NCAC 18A .1118 WASTE DISPOSAL
15A NCAC 18A .1119 DELIVERY OF FOODS AND SUPPLIES
15A NCAC 18A .1120 REQUIREMENTS FOR PERSONNEL
15A NCAC 18A .1121 DISEASE CONTROL
15A NCAC 18A .1122 COMMISSARIES PREPARING FOOD
15A NCAC 18A .1123 COMMISSARIES NOT PREPARING FOOD
15A NCAC 18A .1124 FLOOR
15A NCAC 18A .1125 WALLS AND CEILINGS
15A NCAC 18A .1126 DOORS AND WINDOWS
15A NCAC 18A .1127 LIGHTING AND VENTILATION
15A NCAC 18A .1128 TOILET FACILITIES
15A NCAC 18A .1129 LAVATORY FACILITIES
15A NCAC 18A .1130 FOOD STORAGE AREAS
15A NCAC 18A .1131 FACILITIES FOR CLEANING
15A NCAC 18A .1132 LIQUID WASTES
15A NCAC 18A .1133 OTHER WASTES
15A NCAC 18A .1134 PREMISES
15A NCAC 18A .1135 SEVERABILITY
15A NCAC 18A .1136 REFERENCES
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. June 30, 1980;
Repealed Eff. July 1, 1990 in accordance with G.S. 150B-59(c).
15A NCAC 18A .1137 APPEALS PROCEDURE
History Note: Authority G.S. 130A-248;
Eff. February 1, 1987;
Repealed Eff. July 1, 1990 in accordance with G.S. 150B-59(c).
SECTION .1200 - GRADE A MILK SANITATION (Transferred to 02 NCAC 09G .2001-.2010)
15A NCAC 18A .1201-.1208 WERE TRANSFERRED AND RECODIFIED FROM 10 NCAC 10A .1205-.1212, 15A NCAC 18A .1209 WAS TRANSFERRED AND RECODIFIED FROM 10 NCAC 10A .1214, TRANSFERS AND RECODIFICATIONS EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .1201 GENERAL - ADOPTION BY REFERENCE (transferred to 02 NCAC 09G .2001)
15A NCAC 18A .1202 MODIFICATIONS OF THE ADOPTION BY REFERENCE (transferred to 02 ncac 09g .2002)
15A NCAC 18A .1203 DEFINITIONS (transferred to 02 ncac 09g .2003)
15A NCAC 18A .1204 PERMITS REQUIRED (transferred to 02 ncac 09g .2004)
15A NCAC 18A .1205 PROCEDURE FOR ISSUANCE OF PERMIT: SAMPLING: EMBARGO (tranferred to 02 ncac 09g .2005)
15A NCAC 18A .1206 PERMIT SUSPENSION AND REVOCATION (transferred to 02 NCAC 09G .2006)
15A NCAC 18A .1207 ENFORCEMENT AND PENALTIES (Transferred to 02 ncac 09g .2007)
15A NCAC 18A .1208 SEVERABILITY (transferred to 02 ncac 09g .2008)
15A NCAC 18A .1209 APPEALS PROCEDURE (transferred to 02 ncac 09g .2009)
15a ncac 18a .1210 RESTRICTIONS ON DISPENSING RAW MILK (transferred to 02 ncac 09g .2010)
section .1300 - SANITATION OF HOSPITALS, NURSING HOMES, Adult care homes, and OTHER INSTITUTIONS
15A NCAC 18A .1301 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Activity kitchen" means a kitchen that is available to residents of an institution and their guests for the purpose of preparing food for individual or group activities. Nothing in this Section shall prohibit residents or employees of a residential care facility, as that term is defined at 15A NCAC 18A .1601 or their guests from using an activity kitchen when an institution's activity kitchen is in the same building where a residential care facility is located.
(2) "Administrator" means the person designated by the licensee to be responsible for the daily operation of the institution.
(3) "Ancillary kitchen" means a kitchen that is used by the institution's employees for meal preparation and other work to support the dietary kitchen. Ancillary kitchens shall meet the requirements of 15A NCAC 18A .2600.
(4) "Bed linens" means bed sheets, pillowcases, mattress covers, blankets, and duvets covers.
(5) "Clean" means that an object or surface has been made free of garbage, solid waste, soil, dust, hair, dander, food, bodily fluids and secretions, and feces.
(6) "Department" means the North Carolina Department of Health and Human Services.
(7) "Dietary kitchen" means the primary kitchen in the institution that is used to provide meals and nutrition services to the institution's residents, employees, and guests. Dietary kitchens shall meet the requirements of 15A NCAC 18A .2600.
(8) "Disinfect" means a non-sporicidal process used on inanimate surfaces to destroy or irreversibly inactivate fungi, viruses, and bacteria by using an EPA registered disinfectant in accordance with the disinfectant's product label.
(9) "EPA registered disinfectant" means a disinfectant as defined at 40 C.F.R. 158.2203 that has been registered with the United States Environmental Protection Agency ("EPA") in accordance with 40 C.F.R. 152, which are hereby incorporated by reference, including any subsequent amendments or editions, and available free of charge at .
(10) "Garbage" means as defined at G.S. 130A-290(7).
(11) "Good repair" means as defined at 15A NCAC 18A .2651(8). Items that are in good repair shall operate in accordance with the manufacturer's instructions.
(12) "Hand Hygiene Program" means a written plan implemented in an institution in the absence of hand washing facilities as set forth in this Section. The licensee or the licensee's designee shall submit the hand hygiene program plan to the local health department for the county in which the institution is located, serving as the regulatory authority, for approval prior to implementing the hand hygiene program. The regulatory authority shall notify the institution or the institution's designee in writing of the decision to approve or not to approve the hand hygiene program plan. In determining whether to approve the hand hygiene program, the regulatory authority shall consider the following:
(a) the type and frequency of activities carried out at the institution that involve employee or resident contact with bodily fluids or secretions; and
(b) the number of handwashing facilities on each wing or floor of an institution's building or buildings.
(13) "Institution" means the following establishments that provide room or board and for which a license or certificate of payment must be obtained from the Department:
(a) hospital, as defined in G.S. 131E-76 including doctors' clinics with food preparation facilities;
(b) nursing home, as defined in G.S. 131E-101;
(c) an establishment, other than a hospital and nursing home, for the recuperation and treatment of 13 or more persons suffering from physical, behavioral, or mental health conditions;
(d) adult care home, as defined at G.S. 131D-2.1;
(e) residential child care facility, as defined at G.S. 131D-10.2(13); and
(f) facilities that provide room and board to individuals but are exempt from licensure under G.S. 131D-10.4(1).
This term shall not include a child care facility as defined in G.S. 110-86(3), an adult day service facility as defined in 15A NCAC 18A .3300, or a residential care facility as defined in 15A NCAC 18A .1600.
(14) "Licensing agency" means the North Carolina Department of Health and Human Services, Division of Health Service Regulation.
(15) "Linens" means bath towels, hand drying towels, and bed linens.
(16) "Local health department" means as defined in G.S. 130A-2(5).
(17) "Non-community water supply" means a noncommunity water system as defined at G.S. 130A-313(10).
(18) "Nourishment station" means an area where commercially packaged food that is used to provide nourishment to an institution's residents, employees, or guests is stored.
(19) "Pest" means as defined at G.S. 143-460(26a).
(20) "Pest harborage" means any condition that provides water or food and shelter for pests.
(21) "Refuse" means as defined at G.S. 130A-290(28).
(22) "Registered Environmental Health Specialist" or "REHS" means as defined at G.S. 90A-51(4).
(23) "Regulatory authority" means the Department or authorized agent of the Department.
(24) "Rehabilitation kitchen" means a kitchen used solely for the purpose of providing supervised therapeutic activities to residents, including occupational or physical therapy. Food prepared in a rehabilitation kitchen shall not be consumed by anyone who is not a participant in the therapeutic activity being conducted in the rehabilitation kitchen.
(25) "Resident" means an individual residing in or being served by the institution, including patients. This term does not include an institution's employees or a resident's guests.
(26) "Sanitize" means as defined in Part 4-7 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2654.
(27) "Solid waste" means as defined at G.S. 130A-290(35).
(28) "Time/Temperature Control for Safety Food" or "TCS Food" means as defined in Part 1-2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2651.
(29) "Yard trash" means as defined at G.S. 130A-290(45).
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); August 1, 1998; February 1, 1997; September 1, 1990; March 1, 1988;
Temporary Amendment Eff. June 1, 2003;
Amended Eff. February 1, 2004;
Readopted Eff. December 1, 2022.
15a ncac 18a .1302 APPROVAL OF PLANS
Construction documents, as defined in 10A NCAC 13B .3001, for an institution shall be submitted by the licensee to the local health department for the county in which the institution is located, serving as the regulatory authority, for review and approval before beginning construction. Construction documents shall be approved by the regulatory authority when the plans comply with the Rules of this Section.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); April 1, 1997; September 1, 1990; June 30, 1980;
Readopted Eff. December 1, 2022.
15A NCAC 18A .1303 WATER SUPPLY AND SEWERAGE FACILITIES
History Note: Authority G.S. 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Repealed Eff. September 1, 1990.
15A NCAC 18A .1304 INSPECTIONS
(a) Institutions shall be inspected once in a six month period by the local health department for the county in which the institution is located, serving as the regulatory authority. Dietary kitchens within institutions shall be inspected in accordance with G.S. 130A-235(a1) or 10A NCAC 46 .0213, as applicable.
(b) The inspection of institutions shall be documented on inspection forms furnished by the Department to local health departments. The form shall contain the following information:
(1) the name and address of the institution;
(2) the name of the licensee;
(3) an explanation for all points deducted during the inspection and scoring;
(4) the institution's score calculated in accordance with Rule .1308 of this Section;
(5) the signature of the Registered Environmental Health Specialist who conducted the inspection; and
(6) the date on which the inspection was conducted.
(c) The inspection of dietary kitchens, ancillary kitchens, and areas for dining associated with the dietary kitchen or ancillary kitchen shall be documented separately using the inspection forms and grading system specified in 15A NCAC 18A .2661 and .2662. Dietary kitchens, ancillary kitchens, and areas for dining associated with the dietary kitchen or ancillary kitchen in operation before March 1, 2003 shall be allowed to continue to use equipment and construction in use on that date if no imminent hazard as defined at G.S. 130A-2(3) exists. When such equipment is replaced, the replacement equipment shall comply with 15A NCAC 18A .2654.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990; June 30, 1980;
Temporary Amendment Eff. June 1, 2003;
Amended Eff. February 1, 2004;
Readopted Eff. December 1, 2022.
15A ncac 18a .1305 GRADING RESIDENTIAL CARE FACILITIES IN INSTITUTIONS
When an institution is located in the same building or on contiguous parcels of land as one or more residential care facilities that provide room or board for 12 persons or fewer, the residential care facilities shall be inspected and graded separately from the institution and in accordance with 15A NCAC 18A .1600.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;
Readopted Eff. December 1, 2022.
15a ncac 18a .1306 PUBLIC DISPLAY OF GRADE CARD
(a) When an institution is inspected, the regulatory authority shall designate the location where the grade card shall be posted. The grade card shall be located where the public has an unobstructed view of the grade card upon entering the institution. The posted grade card shall be black text on a white background. The section of text on the grade card that lists the numeric score and the alphabetic grade shall be 1.5 inches in height.
(b) When an institution is inspected, the regulatory authority shall remove any existing grade card, issue a new grade card, and post the new grade card in accordance with Paragraph (a) of this Rule. The administrator shall keep the grade card posted at the designated location at all times.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); July 1, 1986;
Readopted Eff. December 1, 2022.
15a ncac 18a .1307 REINSPECTIONS
The administrator may request a reinspection for the purpose of raising the alphabetical grade. If the administrator requests a reinspection for the purpose of raising the alphabetical grade, the regulatory authority shall conduct a reinspection in accordance with the rules of this Section. The administrator shall submit the request for reinspection to the local health department, serving as the regulatory authority, for the county in which the institution is located. The regulatory authority shall make an unannounced inspection within 30 calendar days from the date on which the request for reinspection is made. The alphabetical grade that is assessed based on the reinspection shall replace the institution's most recently assessed alphabetical grade. Following a reinspection, a new grade card shall be issued and posted in accordance with Rule .1306 of this Section.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160);
Readopted Eff. December 1, 2022.
15a ncac 18a .1308 scoring system
(a) The grading of all institutions shall be based on a sanitation system of scoring as follows:
(1) institutions receiving a score of 90 percent or greater shall be awarded Grade A;
(2) institutions receiving a score of at least 80 percent and less than 90 percent shall be awarded Grade B;
(3) institutions receiving a score of at least 70 percent and less than 80 percent shall be awarded Grade C; and
(4) institutions receiving a score of less than 70 percent do not meet the minimum sanitation standards and shall not receive a grade.
(b) If an institution or an institution's dietary kitchen fails to earn a sanitation score of at least 70 percent, the regulatory authority shall notify the licensing agency within 24 hours of completing the inspection and shall provide a copy of the inspection report to the licensing agency within two business days of the date of the inspection.
(c) The sanitation score is a percentage determined by deducting points from 100 for each item found not to be in compliance with the rules of this Section. Deductions for sanitation scores shall be based on violations of the Rules of this Section that are observed during the inspection. The regulatory authority shall take zero, one-half, or a full deduction based on the severity or the recurring nature of the rule violation. The percentage point value of each item is determined as follows:
(1) Violation of Rule .1309 of this Section regarding the cleanliness and repair of floors and carpet shall equal no more than two points.
(2) Violation of Rule .1310(a) of this Section regarding walls and ceilings shall equal no more than two points.
(3) Violation of Rule .1310(b) of this Section regarding ceiling attachments shall equal no more than one point.
(4) Violation of Rule .1311(a) of this Section regarding lighting levels shall equal no more than one point.
(5) Violation of Rule .1311(b) of this Section regarding cleanliness of ventilation equipment shall equal no more than one point.
(6) Violation of Rule .1311(c) of this Section regarding ambient air temperatures shall equal no more than two points.
(7) Violation of Rule .1312(a) of this Section regarding toilet, handwashing, and bathing facilities shall equal no more than two points.
(8) Violation of Rule .1312(b) of this Section regarding storage and signage shall equal no more than one point.
(9) Violation of Rule .1312(c) of this Section regarding bedpans, urinals, bedside commodes, and emesis basins shall equal no more than one point.
(10) Violation of Rule .1312(d) of this Section regarding handwashing facilities shall equal no more than three points.
(11) Violation of Rule .1312(e) of this Section regarding disinfectants shall equal no more than two points.
(12) Violation of Rule .1312(f) of this Section regarding bathing facilities shall equal no more than three points.
(13) Violation of Rule .1313(a) of this Section regarding water supply shall equal no more than four points.
(14) Violation of Rule .1313(b) of this Section regarding water sampling shall equal no more than two points.
(15) Violation of Rule .1313(c) of this Section regarding cross-connections shall equal no more than two points.
(16) Violation of Rule .1313(d) of this Section regarding hot and cold water shall equal no more than three points.
(17) Violation of Rule .1313(e) of this Section regarding back up water supply plans shall equal no more than one point.
(18) Violation of Rule .1314(a) of this Section regarding cleaning and maintenance of drinking fountains shall equal no more than one point.
(19) Violation of Rule .1314(b) of this Section regarding utensils used for service of water and ice shall equal no more than two points.
(20) Violation of Rule .1314(c) of this Section regarding protection of ice shall equal no more than two points.
(21) Violation of Rule .1315(a) of this Section regarding sewage disposal shall equal no more than four points.
(22) Violation of Rule .1315(b) of this Section regarding disposal of mop water shall equal no more than three points.
(23) Violation of Rule .1316(a) of this Section regarding solid waste storage shall equal no more than one point.
(24) Violation of Rule .1316(b) of this Section regarding refuse, recyclables, and returnables shall equal no more than one point.
(25) Violation of Rule .1316(c) of this Section regarding containers and container washing facilities shall equal no more than one point.
(26) Violation of Rule .1316(d) of this Section regarding cleaning and maintenance of the premises shall equal no more than two points.
(27) Violation of Rule .1316(e) of this Section regarding handling and disposal of medical waste shall equal no more than two points.
(28) Violation of Rule .1317(a) of this Section regarding pest control shall equal no more than one point.
(29) Violation of Rule .1317(b) of this Section regarding storage and handling of pesticides shall equal no more than two points.
(30) Violation of Rule .1318(a) of this Section regarding medication carts shall equal no more than two points.
(31) Violation of Rule .1318(b) of this Section regarding feeding bags, tubes, syringes, and oral suction catheters shall equal no more than two points.
(32) Violation of Rule .1319(a) of this Section regarding furnishings shall equal no more than one point.
(33) Violation of Rule .1319(b) of this Section regarding linens and linen storage shall equal no more than one point.
(34) Violation of Rule .1319(c) of this Section regarding sanitizing of laundry shall equal no more than three points.
(35) Violation of Rule .1319(d) of this Section regarding laundry shall equal no more than one point.
(36) Violation of Rule .1319(e) of this Section regarding laundry areas shall equal no more than one point.
(37) Violation of Rule .1319(f) of this Section regarding mobility equipment shall equal no more than one point.
(38) Violation of Rule .1320(a) of this Section regarding food service equipment shall equal no more than one point.
(39) Violation of Rule .1320(b) of this Section regarding cleaning and sanitization of utensils shall equal no more than three points.
(40) Violation of Rule .1320(c) of this Section regarding handwashing facilities shall equal no more than two points.
(41) Violation of Rule .1320(d) of this Section regarding cooking and baking equipment surfaces shall equal no more than one point.
(42) Violation of Rule .1321(a) of this Section regarding food sources and supplies shall equal no more than three points.
(43) Violation of Rule .1321(b) of this Section regarding storage, labeling, and condition of food shall equal no more than one point.
(44) Violation of Rule .1323(a) of this Section regarding food protection shall equal no more than four points.
(45) Violation of Rule .1323(b) of this Section regarding hot and cold food holding equipment shall equal no more than one point.
(46) Violation of Rule .1323(c) of this Section regarding food storage shall equal no more than one point.
(47) Violation of Rule .1323(d) of this Section regarding live animals shall equal no more than two points.
(48) Violation of Rule .1324(a) of this Section regarding employee clothing shall equal no more than two points.
(49) Violation of Rule .1324(a)(1)-(5) of this Section regarding employee handwashing shall equal no more than three points.
(50) Violation of Rule .1324(b) of this Section regarding employee handwashing shall equal no more than three points.
(51) Violation of Rule .1324(c) of this Section regarding exclusion of persons with certain diseases and conditions from food service work shall equal no more than four points.
(52) Violation of Rule .1324(d) of this Section regarding cleaning supplies and written procedures for responding to vomiting or diarrheal events shall equal no more than two points.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. February 1, 2004; August 1, 2002;
Readopted Eff. December 1, 2022.
15a ncac 18a .1309 FLOORS
(a) Except as permitted by Paragraph (b) of this Rule, the floors in an institution shall be made of smooth, non-absorbent materials and shall be kept clean and in good repair.
(b) Notwithstanding the foregoing in Paragraph (a) of this Rule, carpet is permitted if it is kept clean, odor free, and in good repair.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;
Readopted Eff. December 1, 2022.
15a ncac 18a .1310 WALLS AND CEILINGS
(a) The interior walls of the institution, including doors, windows and window trim, and ceilings shall be kept clean and in good repair.
(b) Light fixtures, fans, conduits, and heating, ventilation, and air conditioning vents shall be kept clean and in good repair.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160);
Readopted Eff. December 1, 2022.
15A NCAC 18A .1311 LIGHTING AND VENTILATION
(a) The areas interior to an institution's building or buildings shall be equipped with at least 10 foot candles of light at 30 inches above the floor.
(b) Ventilation equipment shall be kept clean and in good repair.
(c) Ambient indoor air temperatures shall be maintained at or below 85 degrees Fahrenheit.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990; July 1, 1986; October 1, 1985;
Readopted Eff. December 1, 2022.
15A NCAC 18A .1312 TOILET: HANDWASHING: AND BATHING FACILITIES
(a) All institutions shall provide toilet, handwashing, and bathing facilities that are available for use by residents and staff. These facilities shall be kept clean and in good repair.
(b) Bathrooms shall not be used for storage of items not currently in use. A sign shall be posted in each toilet room for institution employees directing them to wash their hands after each visit to the toilet room and before returning to work.
(c) Institutions where bedpans, bedside commodes, urinals, or emesis basins are used shall provide facilities for emptying, cleaning, and disinfecting bedpans, bedside commodes, urinals, and emesis basins. Bedpans, bedside commodes, urinals, shared diaper changing surfaces, and emesis basins that have been used by a resident shall be kept clean and shall be disinfected before use by other residents. When disposable bedpans, emesis basins, and urinals are reused, they shall be labeled so that they are associated with an individual resident. Disposable bedpans, emesis basins, and urinals shall not be used by more than one resident.
(d) Handwashing facilities shall be located in an institution in accordance with 10A NCAC 13B .5411, 10A NCAC 13D .3201, 10A NCAC 13F .0305, .1304, and 10A NCAC 13K .1109, .1204, as applicable. Institutions that do not have a handwashing facility located in all areas required by this Paragraph shall not be required to install handwashing facilities if the institution has an approved hand hygiene program. Hand washing facilities shall be equipped with running water and a tempering device. Handwashing facilities shall be supplied with soap and disposable towels or hand-drying devices. Handwashing facilities shall be used only for handwashing and shall not be used for disposal of bodily fluids or washing items that are not clean. Notwithstanding the foregoing sentence, handwashing facilities provided for use in a resident's room may be used for personal hygiene, rinsing feeding tubes, obtaining drinking water, and disposal of medications in accordance with the manufacturer's instructions or non-TCS liquids as long as the handwashing facility is kept clean and is disinfected daily. Employees shall be permitted to use handwashing facilities to dispose of medications in accordance with the manufacturer's instructions.
(e) EPA registered disinfectants shall be used in accordance with the manufacturer's instructions. When EPA registered disinfectants are mixed and prepared by institution employees, a measuring device, chemical testing device, or the methods and devices prescribed by the chemical manufacturer shall be used to prepare the concentration of chemicals in accordance with the disinfectant's label and the manufacturer's instructions.
(f) Bathing facilities shall be equipped with running water and a tempering device. Bathing equipment that has contact with a resident's skin and is used by more than one resident shall be kept clean and shall be disinfected between resident uses. Equipment located within a bathing facility that uses a pump to move water shall be kept clean in accordance with the manufacturer's instructions.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;
Temporary Amendment Eff. June 1, 2003;
Amended Eff. February 1, 2004;
Readopted Eff. December 1, 2022.
15A NCAC 18A .1313 WATER SUPPLY
(a) Water supplies at institutions shall meet the requirements in 15A NCAC 18C or 15A NCAC 18A .1700, as applicable.
(b) In institutions that use a non-community water supply, a sample of water shall be collected by the Department once a year and submitted to the North Carolina State Laboratory of Public Health or other laboratory certified by the North Carolina State Laboratory of Public Health under 10A NCAC 41C .0102 to perform bacteriological examinations.
(c) An institution's water supply plumbing shall not include cross-connections as set out in 15A NCAC 18C .0102(c)(8).
(d) Institutions shall provide water heating facilities. Hot and cold running water under pressure shall be provided to carry out all operations. Hot water shall be provided at temperatures between 105 degrees Fahrenheit and 116 degrees Fahrenheit at handwashing and bathing facilities.
(e) The administrator shall immediately notify the licensing agency and the local health department that serves the county in which the institution is located if the institution's primary water supply is interrupted for more than four consecutive hours. The institution shall have a written plan to obtain a backup water supply in the event that the institution's primary water supply is interrupted for more than four consecutive hours. The written plan shall identify a backup water supply or alternate source of water that provides two liters of potable water per day per resident and institution employee for drinking and potable water for food preparation, hand washing, bathing, cleaning, dishwashing, laundry, and disposal of bodily waste. This may include a plan for relocating residents to a facility with a water supply that satisfies Paragraph (a) of this Rule. If an institution's primary water supply or back up water supply becomes unsafe for human consumption then the water sources within the institution, such as sink faucets, shall be labeled or hooded to prevent their use and the administrator shall provide potable water for use by the institution's residents and employees.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990; July 1, 1986;
Temporary Amendment Eff. June 1, 2003;
Amended Eff. February 1, 2004;
Readopted Eff. December 1, 2022.
15a ncac 18a .1314 DRINKING WATER FACILITIES: ICE HANDLING
(a) Drinking fountains shall be kept clean and in good repair.
(b) Multi-use utensils for service of water and ice shall be kept clean and in good repair and shall be sanitized before being provided to a resident for use. Disposable, single service utensils shall be used by only one person.
(c) Ice shall be protected against physical, chemical, and biological contamination and shall be kept clean. Ice machines, buckets, and scoops shall be kept clean and in good repair. Ice machines and storage chests accessible to residents, guests, or the public shall provide ice through automatic ice dispensing equipment and shall not permit ice to be accessed using a scoop or bucket.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;
Readopted Eff. December 1, 2022.
15A NCAC 18A .1315 LIQUID WASTES
(a) All sewage originating from the institution shall be disposed of using a publicly operated sewage treatment plant or an individual sewage disposal system that meets the requirements of Section .1900 of this Subchapter.
(b) Mop basins or mop sinks shall only be used to wash mops and dispose of the water used for mopping.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;
Readopted Eff. December 1, 2022.
15a ncac 18a .1316 SOLID WASTES: PREMISES MEDICAL WASTES
(a) All solid wastes containing food scraps or other putrescible materials shall be kept in leak-proof, non-absorbent containers which shall be kept covered with tight-fitting lids when not in use.
(b) Refuse, recyclables, and returnables shall be stored in containers, rooms, or areas designated for the storage of refuse, recyclables, and returnables.
(c) The designated rooms and containers described in Paragraph (b) of this Rule shall have the capacity to store the institution's refuse, recyclables, and returnables and shall be kept clean. Cleaning facilities for containers used to store food scraps, putrescible materials, refuse, recyclables, and returnables shall be provided.
(d) An institution's exterior premises, including parking lots, lawns, and walkways, and interior premises within the institution's building or buildings, shall be kept free of garbage, solid waste, yard trash, and pest harborages.
(e) Medical wastes shall be handled and disposed of as required in North Carolina "Solid Waste Management Rules" 15A NCAC 13B .1200.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;
Readopted Eff. December 1, 2022.
15a ncac 18a .1317 pest CONTROL: PESTICIDES
(a) Pests shall not be present in an institution's building or buildings. Openings to the outside of an institution's building or buildings shall be equipped with self-closing doors that are flush with the door frame when closed, closed windows, window screening on windows that can be opened, or controlled air currents to prevent pests from entering the building or buildings.
(b) Only pesticides that are registered in accordance with 40 C.F.R. 152 and G.S. 143-442 shall be used to control pests. Pesticides shall be used, handled, and stored in accordance with the instructions on the manufacturer's label.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;
Readopted Eff. December 1, 2022.
15a ncac 18a .1318 medical supplies
(a) Medication carts shall be kept clean. Food, utensils, medications, and equipment used on medication carts shall be kept clean. Sharps containers located on medication carts shall be attached or secured to the medication cart to prevent the sharps contained from spilling.
(b) Feeding bags, tubes, syringes, and oral suction catheters shall be stored and used in accordance with the manufacturer's instructions.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160);
Readopted Eff. December 1, 2022.
15A NCAC 18A .1319 FURNISHINGS and laundry
(a) Furnishings in an institution, including furniture, curtains, rugs, and blinds, shall be kept clean and in good repair. Mattresses shall be kept clean, dry, and in good repair.
(b) Bed linens that are provided by the institution for use by residents shall be free from holes and tears. A resident's bed linens shall be changed when no longer clean. Linens that are not clean shall be placed in a covered container or bag devoted to this purpose at the point of use and stored in the covered container or bag until sanitized in accordance with Paragraph (c) of this Rule to contain and minimize aerosolization of and exposure to any waste products. Such covered containers or bags shall be kept clean between uses and labeled to indicate the contents. Linens that are not clean shall be handled and stored separately from cleaned and sanitized linens.
(c) Linens provided by the institution that are not clean shall be cleaned and sanitized in accordance with this paragraph. When hot water in washing machines is used to sanitize linens provided by the institution, the washing machines shall be operated in accordance with the manufacturer's instructions. When chemicals are used to sanitize linens provided by the institution, linens shall be washed in accordance with the following:
(1) using a solution of at least 50 parts per million chlorine; or
(2) using laundry sanitizer that is registered in accordance with 40 C.F.R. 152 and that is used in accordance with the manufacturer's instructions.
(d) Clothing and linens that are provided by a resident for the resident's personal use shall be that resident's personal laundry. Personal laundry that is not clean shall be kept separate from clean clothing and linens using covered containers or bags that are labeled to indicate their contents and kept clean between uses. Containers or bags that are used to hold personal laundry that is not clean shall not be used for clean personal laundry. When a resident's personal laundry is combined with the personal laundry of one or more other residents and washed together by the institution, the combined personal laundry shall be washed in accordance with Paragraph (c) of this Rule.
(e) Laundry areas and equipment shall be kept clean.
(f) Wheelchairs, walkers, lifts, and other mobility equipment shall be kept clean and sanitized between uses by different residents.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); August 1, 1998; February 1, 1997; September 1, 1990;
Temporary Amendment Eff. June 1, 2003;
Amended Eff. February 1, 2004;
Readopted Eff. December 1, 2022.
15A NCAC 18A .1320 activity kitchens, rehabilitation kitchens, and nourishment stations
(a) All food service equipment and utensils shall be kept clean and in good repair. Institutions shall be allowed to use domestic food service equipment in activity kitchens, rehabilitation kitchens, and nourishment stations.
(b) Utensils that have been used to prepare, serve, or consume food or drink shall be returned to the dietary kitchen and shall be washed, rinsed, and sanitized. Notwithstanding the foregoing sentence, utensils may be washed, rinsed and sanitized at activity kitchens, rehabilitation kitchens, and nourishment stations that are equipped with the following:
(1) a two compartment sink with 24 inch drainboards or counter top space at each end of the sink for handling used utensils and air drying clean and sanitized utensils. The sinks shall be of sufficient size to submerge, wash, rinse and sanitize utensils; or
(2) a dishwashing machine approved by National Sanitation Foundation International.
(c) Any area where food is portioned, served, or handled shall be equipped with a handwashing facility with a hot and cold mixing faucet, soap, and single-use towels or a hand-drying device.
(d) The food-contact surfaces of cooking and baking equipment, including microwave ovens, shall be kept clean.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;
Temporary Amendment Eff. June 1, 2003;
Amended Eff. February 1, 2004;
Readopted Eff. December 1, 2022.
15a ncac 18a .1321 FOOD SUPPLIES
(a) All food and food supplies provided by an institution for consumption by residents shall be from approved sources, stored, and handled as set forth in 15A NCAC 18A .2600.
(b) Food brought from home by employees or visitors of patients or residents shall be stored separately from the institution's food supply as described in Paragraph (a) of this Rule. Such food shall be labeled with the name of the resident or employee that the food belongs to and the date the food was brought into the institution. Labeling as required by this Rule shall not be required for food items stored in employee-designated or individual resident's refrigerators or rooms.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;
Temporary Amendment Eff. June 1, 2003;
Amended Eff. February 1, 2004;
Readopted Eff. December 1, 2022.
15A NCAC 18a .1322 MILK AND MILK PRODUCTS
History Note: Authority G.S. 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990; July 1, 1979;
Expired Eff. August 1, 2019 pursuant to G.S. 150B-21.3A.
15a ncac 18a .1323 FOOD PROTECTION in activity kitchens, rehabilitation kitchens, and nourishment stations
(a) All TCS food shall be maintained at temperatures required by Part 3-501.19 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653 during storage, preparation, transportation, display, and service of the TCS food. Time as a public health control may be used as specified in Section .2600 of this Subchapter, except that written procedures shall not be required.
(b) Hot and cold holding equipment shall be used to maintain required temperatures for TCS food. Each refrigeration unit shall be provided with an indicating thermometer that is accurate to ±3 degrees Fahrenheit or ±1.5 degrees Celsius.
(c) Food shall be stored at least six inches above the floor, in a clean, dry location, and protected from contamination.
(d) No live animals shall be allowed in any room where food is prepared or stored. Live animals shall be permitted in an institution's dining areas in the following situations and only if the live animal does not come into physical contact with institution employees engaged in the preparation or handling of food, serving dishes, utensils, tableware, linens, unwrapped single service and single use articles, food contact surfaces, or other food service items:
(1) Fish or crustacea in aquariums or display tanks, or other animals in enclosed terrariums or glass enclosed aviaries;
(2) Dogs accompanying police or security officers in offices and dining, sales, and storage areas, and dogs used for security purposes running loose in outside fenced areas;
(3) Service animals, as defined in 28 C.F.R. 36.104, accompanying individuals with disabilities in areas that are not used for food preparation; and
(4) Dogs (Canis lupus familiaris) and cats (Felis catus) in outdoor dining areas provided that dogs and cats are physically restrained and do not pass through any indoor dining areas of the facility.
(e) Notwithstanding Paragraph (d) of this Rule, and except in accordance with applicable law, nothing in this Rule shall prohibit an institution from restricting live animals in dining areas.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); October 1, 1993; September 1, 1990;
Readopted Eff. December 1, 2022.
15A ncac 18a .1324 EMPLOYEES
(a) While at work, all institution employees shall wear clean outer clothing. Employees shall wash or decontaminate their hands as set forth in Paragraph (b) immediately:
(1) before beginning work;
(2) after each visit to the toilet;
(3) before and after resident contact;
(4) after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; and
(5) after removing gloves.
(b) Institution employees shall wash their hands as required by Paragraph (a) of this Rule in a handwashing sink using the handwashing method required for food employees in Part 2-301.12 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2652. When an employee's hands are visibly clean, in lieu of handwashing, the employee may use alcohol-based hand antiseptics that contain 65 percent or more ethyl alcohol or 70 percent or more isopropyl alcohol. In the event of interruption of the institution's water supply or when handwashing facilities are not available for use, hand decontamination can be achieved by using a towelette containing detergent followed by an alcohol-based hand antiseptic that contains 65 percent or more ethyl alcohol or 70 percent or more isopropyl alcohol.
(c) Institution employees shall comply with the requirements for exclusion from work and restriction due to communicable disease or illness required for food employees as set forth in Parts 2-201.12 and 2-201.13 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2652.
(d) The institution shall have gloves, personal protective equipment, disinfectant, individual disposable towels, and a coagulating agent on-site for employees to use and a written procedure for employees to follow when responding to vomitus or fecal matter on institution surfaces. The procedure shall specify the actions that employees shall take to minimize the exposure of employees, residents, guests, food, and additional surfaces to vomitus or fecal matter.
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. March 1, 2003 (see S.L. 2002-160); September 1, 1990;
Readopted Eff. December 1, 2022.
15A NCAC 18A .1325 SEVERABILITY
History Note: Authority G.S. 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Expired Eff. August 1, 2019 pursuant to G.S. 150B-21.3A.
15A NCAC 18A .1326 REFERENCE RULES
History Note: Authority G.S. 130A-235;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. June 10, 1978;
Repealed Eff. September 1, 1990.
15A NCAC 18A .1327 INCORPORATED RULES
Where referenced in this Section, 15A NCAC 13B .1200, 15A NCAC 18A .1700, 15A NCAC 18A .2600, and 15A NCAC 18C, are hereby incorporated by reference, including any subsequent amendments or editions, and available free of charge at .
History Note: Authority G.S. 130A-4; 130A-29; 130A-235;
Eff. March 1, 2003 (See S.L. 2002-160);
Readopted Eff. December 1, 2022.
SECTION .1400 - MASS GATHERINGS
RULES .1401 - .1426 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .1401- .1426); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .1401 - .1426 OF TITLE 10 SUBCHAPTER 10B OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10B .1401 - .1426), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .1401 DEFINITIONS
15A NCAC 18A .1402 STANDARDS AND REQUIREMENTS
15A NCAC 18A .1403 FACILITIES AND SERVICES
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1985;
Repealed Eff. September 1, 1990.
15A NCAC 18A .1404 ACTIVITY AREA
An activity area shall be provided of sufficient size to accommodate the estimated number of persons reasonably expected to be in attendance at any one time. This activity area is in addition to those areas required for parking in .1410, for camping in .1407, and for the command post in .1408 of this Section.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1405 DISTANCE FROM DWELLINGS
No part of the perimeter of the activity and camping areas shall be within 1500 feet of any residence unless the occupant or owner has signed a written waiver. Notarized copies of any such waivers shall accompany the application.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1406 DISTANCE FROM CERTAIN PUBLIC WATER SUPPLY SOURCES
No part of the perimeters of the activity, including camping areas, shall be located within one mile of a class I or class II reservoir, as classified by the Division of Environmental Health, or within three miles of a protected watershed which drains into an A-I stream, as classified by the Division of Environmental Management, and which stream is used as a source of public water supply.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. June 30, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1407 CAMPING AREA
An area of adequate size to accommodate the provision of safe drinking water and sewage collection and disposal shall be provided and designated for camping. Such area shall be in addition to the areas provided for activities in Rule .1404 and for parking in Rule .1410 of this Section.
History Note: Authority G.S. 130A-257;
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. July 20, 2019.
15A NCAC 18A .1408 COMMAND POST
A command post at a conveniently accessible location approved by the Department shall be provided for use by the Department, law enforcement, and other governmental agencies with regulatory authority for such events. The command post shall consist of at least one building or mobile unit equipped with telephones, other utilities and parking spaces. The permittee shall provide access to the command post at all times for use by the Department and the other entities listed in this Rule.
History Note: Authority G.S. 130A-257;
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. July 20, 2019.
15A NCAC 18A .1409 INGRESS AND EGRESS ROADS: ENTRANCES AND EXITS
The permittee shall provide personnel and arrangements necessary to keep entrances and exits to public highways open to traffic at all times. The permittee shall make arrangements with private parties or consult with the North Carolina Department of Transportation and Highway Safety regarding adequate ingress and egress roads.
History Note: Authority G.S. 130A-257;
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. July 20, 2019.
15A NCAC 18A .1410 PARKING
Parking spaces shall be provided on the basis of one space for every four persons expected to attend. Vehicles used for camping shall park in the camping area provided in Rule .1407 of this Section. Parking on shoulders of public highways shall not be permitted and temporary signs shall be erected by permittee to so indicate.
History Note: Authority G.S. 130A-257;
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. July 20, 2019.
15A NCAC 18A .1411 CROWD CONTROL AND SECURITY ENFORCEMENT
The application for permit shall be accompanied by a written plan for limiting attendance to the number stated in the application for permit, the exclusion of persons not holding tickets, and a written plan for security enforcement, including the number of security guards to be provided for internal and external crowd control and security enforcement. The plan shall be accompanied by a written statement by the sheriff or chief of police, whichever has jurisdiction over the area, that the plan seems adequate. The permittee shall execute the plan.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1412 DUST CONTROL
The application shall be accompanied by a written plan for dust control. The permittee shall execute the plan.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1413 FIRE PREVENTION AND CONTROL
The application shall be accompanied by a written plan for fire prevention and control.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1414 PLANS FOR EMERGENCIES
The application shall be accompanied by written plans for dealing with emergency situations involving the occurrence of incidents requiring rapid evacuation, including arrangements for use of emergency egress roads.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1415 PROVISION OF MEDICAL CARE
The application for permit shall be accompanied by a written plan for the provision of medical care, such plan having been approved in writing by the local health director. At the time of the inspection, the structure and all supplies and equipment provided for in the plan shall be in place; and the agreements and statements provided for in the plan shall be determined to be valid. The plan shall include provisions for:
(1) the name and address of a physician licensed to practice medicine in North Carolina to be responsible for the organization and delivery of emergency medical services; A signed notarized statement by the physician accepting the responsibility shall accompany the plan. He shall determine how many licensed physicians, licensed nurses, and other medical personnel shall be on duty on the premises at any particular time;
(2) at least one enclosed covered structure to be used as a medical treatment center; The structure or structures shall provide at least a total of 450 square feet and shall have running water under pressure from an approved source;
(3) a list of medical supplies and equipment sufficient to support reasonably anticipated medical care requirements;
(4) notification of all general public hospitals within 20 miles of the mass gathering location as to scheduled dates and anticipated attendance of the mass gathering;
(5) the name and address of at least one licensed ambulance service agency to be responsible for providing emergency transportation; A signed notarized statement by an official of the agency accepting the responsibility shall accompany the plan.
History Note: Authority G.S. 130A-257;
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. July 20, 2019.
15A NCAC 18A .1416 WATER SUPPLY
(a) There shall be provided a water supply from an approved source. An approved emergency source shall be provided in addition where necessary. Facilities approved by the Department for the distribution and dispensing of water shall be provided. The sponsor shall have in his possession, at the time of inspection, the reports of bacteriological and chemical examinations of water samples performed by the Division of Laboratory Services or another laboratory certified by the Department to perform such examinations. The water shall be chlorinated so as to provide a free chlorine residual of at least 1.0 part per million at all outlets at all times during the gathering. The water supply and the facilities for distribution and dispensing shall be provided with effective safeguards to prevent the introduction of hallucinogenic drugs or other contamination.
(b) If water is to be provided only for drinking and washing, water shall be supplied at a rate of three gallons per person per day and a peak hour demand of one and one-half pints per person. If water is to be provided for drinking, washing, and bathing, water shall be supplied at a rate of 12 gallons per day per person and a peak hour demand of six pints per person.
(c) Water shall be obtained from a public or community water supply approved by the Department. If a new source of water supply is to be provided, the application shall be accompanied by the necessary plans, engineer's report, and specifications (in triplicate) as required for review and approval by the Department. The application shall include plans, engineer's report, and specifications for an emergency source capable of supplying at least three gallons per day per person. If water is to be hauled from an off-site source, storage facilities shall be provided in the area sufficient in volume to supply the needs of the gathering for its duration. Before being filled with water for use during the gathering, all such storage tanks shall be cleaned thoroughly, filled with clean water containing a chlorine residual of at least 100 parts per million, and, after a contact time of at least 24 hours, all such tanks shall be emptied. Subsequently, and prior to the issuance of a permit, all such tanks shall be filled with water from an approved source and all inlets to such tanks shall be closed and locked so as to give positive protection against the introduction of contamination.
(d) Water outlets shall be provided at an adequate number of convenient and readily accessible locations properly distributed throughout the activity and camping areas.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; June 30, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1417 TOILET FACILITIES: SEWAGE DISPOSAL
(a) Sanitary toilet facilities shall be provided at convenient and readily accessible locations properly distributed throughout the activity and camping areas at a rate of not more than 100 persons per toilet seat.
(b) If chemical toilet rental service is to be employed, all toilets shall be so located as to be readily accessible by service vehicles and shall be serviced as often as necessary. Material removed from such toilets shall be disposed of in a public or community sewerage system, or in a disposal trench to be constructed in the area. Each load of material deposited in such trench shall be covered immediately with earth or lime. At the end of each 24-hour period, the material shall be covered with a layer of at least six inches of earth.
(c) If trench latrines are to be used, all trenches shall be covered with fly-tight seat boxes with hinged lids.
(d) If water-carried sewerage facilities are provided, the sewer system shall be connected to a public or community sewerage system having wastewater treatment facilities of adequate capacity to treat the flow of wastewater from the mass gathering. The application shall be accompanied by a signed statement by the Division of Environmental Management attesting to the adequacy of the treatment facilities. A similar statement shall accompany the application if material removed from chemical toilets is to be disposed of in a public or community sewerage system. No sewage shall be discharged to the surface of the ground or into any watercourse without the approval of the Division of Environmental Management.
History Note: Authority G.S. 130A-257;
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. July 20, 2019.
15A NCAC 18A .1418 SOLID WASTE COLLECTION AND DISPOSAL
(a) Facilities shall be provided for all solid wastes to be collected and stored in leak-proof, nonabsorbent containers, and all solid wastes shall be removed daily or more often and disposed of in a community solid waste disposal facility or in a sanitary landfill to be constructed in the area. Solid wastes shall be placed in the landfill, compacted as densely as possible, and covered after each day of operation with a compacted layer of at least six inches of dirt.
(b) Approved receptacles having a maximum capacity of 32 gallons shall be provided at places conveniently located throughout the activity, camping and parking areas, and at each food service facility for the deposition of solid wastes.
(c) If bulk solid waste storage containers are used, at least two four-cubic-yard containers shall be provided per 1,000 persons in the case of once-daily removal, or two two-cubic-yard containers per 1,000 persons in the case of twice-daily removal, and these containers shall be so located as to be accessible to solid waste service vehicles.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1419 FOOD DISPENSING
(a) Sanitary food dispensing facilities shall be provided at accessible and convenient locations, and shall be maintained in a sanitary condition.
(b) Perishable food items dispensed from such facilities shall be limited to prepackaged items, such as wrapped sandwiches, prepared in commercial establishments and under official sanitary supervision, and shall be dispensed in the unbroken packages; provided, that chicken, hamburgers, and frankfurters obtained from approved sources may be cooked and packaged at the site if all operations of preparation, cooking and packaging in unit packages for dispensing to individuals are done inside an approved structure or vehicle, in a sanitary manner, and otherwise in compliance with the "Sanitation of Restaurants and Other Foodhandling Establishments," 15A NCAC 18A .2600. Perishable foods shall be stored at or below 45 degrees F., or in the frozen state, until heated or cooked immediately before serving.
History Note: Authority G.S. 130A-257;
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. July 20, 2019.
15A NCAC 18A .1420 INSECT AND RODENT CONTROL
There shall be no fly or mosquito-breeding places, rodent harborages, or undrained areas on the premises. Necessary measures shall be taken to control flies, mosquitoes, rodents, or other vermin.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1421 POST-GATHERING CLEAN-UP
Within one week after the end of the gathering, all sanitary landfills and any trenches or pits used for sewage and liquid waste disposal shall be covered with at least two feet of compacted earth material; and the areas and immediate surrounding properties shall be cleaned of all litter and solid wastes attributable to the mass gatherings. In addition, any signs, litter, and solid wastes on roads leading from the areas and within one mile of the areas and which can be attributed to the mass gathering shall be removed. All solid wastes shall be disposed of as provided in .1418 of this Section. Unless otherwise directed by the owner of the property, all temporary facilities (such as solid waste receptacles and signs) shall be removed from the areas.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1422 NOISE LEVEL AT PERIMETER
The application shall be accompanied by detailed plans for amplifying equipment, which shall be so located and operated as to limit the noise level at the perimeter of the site to no more than 70 decibels on the A scale of a sound level meter which meets the specifications of the American National Standards Institute, which are adopted by reference in accordance with G.S. 150B-14(c). The applicant shall include a signed statement certifying that the noise level limit as herein specified will not be exceeded.
History Note: Authority G.S. 130A-257;
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. July 20, 2019.
15A NCAC 18A .1423 LIGHTING
The application shall be accompanied by detailed plans for lighting designed to illuminate the site.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1424 SIGNS
Signs shall be posted throughout the area showing the locations of toilet facilities, water supply outlets, solid waste receptacles, food stands, first aid facilities, and the command post.
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1425 SEVERABILITY
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Expired Eff. August 1, 2019 pursuant to G.S. 150B-21.3A.
15A NCAC 18A .1426 REFERENCE RULES
History Note: Authority G.S. 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1985;
Repealed Eff. September 1, 1990.
SECTION .1500 - SANITATION OF LOCAL CONFINEMENT FACILITIES
RULES .1501 - .1525 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .1501 - .1525); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .0101 - .0125 OF TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .0101 - .0125), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .1501 DEFINITIONS
The following definitions shall apply throughout this Section in the interpretation and enforcement of this Section:
(1) "Local confinement facility" shall include the following and similar establishments: any county or municipal confinement facility, local lockup, regional or district confinement facility, any detention facility for children or adults, any county or municipal workhouse or house of correction, and any other confinement facility operated by any local government for confinement of persons awaiting trial or sentences.
(2) "Department" shall mean the Secretary of the Department of Environment and Natural Resources or his authorized representative.
(3) "Local health director" shall mean local health director as defined in G.S. 130A-2(6) or his authorized representative.
(4) "Sanitarian" shall mean a person authorized to represent the Department on the local or state level in making inspections pursuant to state laws and rules.
(5) "Sanitize" means the approved bactericidal treatment by a process which meets the temperature and chemical concentration levels in 15A NCAC 18A .2619.
(6) "Potentially hazardous food" means any food or ingredient, natural or synthetic, in a form capable of supporting the growth of infectious or toxigenic microorganisms, including Clostridium botulinum. This term includes raw or heat treated foods of animal origin, raw seed sprouts, and treated foods of plant origin. The term does not include foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. November 1, 2002; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1502 APPROVAL OF PLANS
Plans and specifications for new construction or major modification of local confinement facilities shall be submitted to the local health director for review and endorsement prior to, or concurrent with, submission to the Division of Health Service Regulation, Department of Human Resources, for approval.
History Note: Authority G.S. 153A-226; 143B-165;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1503 INSPECTIONS
Inspections of local confinement facilities shall be made at least once a year. A copy of each inspection form shall be left with the person in charge of the facility at the time of the inspection.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1504 REINSPECTIONS
A sanitarian may reinspect a local confinement facility at any time to insure compliance with these Rules and to give assistance in the interpretation of these Rules.
History Note: Authority G.S. 153A-226;
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. July 20, 2019.
15A NCAC 18A .1505 INSPECTION FORMS
The grading of local confinement facilities shall be done on an inspection form furnished by the Department to local health departments. The form shall include at least the following information:
(1) the name and address of the facility,
(2) the name of the person in charge of the facility,
(3) the classification of the facility,
(4) the standards of construction and operation as listed in .0107 to .0123 of this Section,
(5) the signature of the authorized representative of the Department.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; June 30, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1506 GRADING
(a) The grading of local confinement facilities shall be based on the standards of construction and operation as set out in .0107 to .0123 of this Section.
(b) The grade of the facility shall be classified as follows:
(1) as approved if the demerit score is 20 or less and no six demerit point item is violated;
(2) As provisional if any six demerit point item is violated, or if the demerit score is more than 20 but not more than 40; The duration of such classification shall not exceed seven days; provided, that a longer period may be established if construction or renovation is involved;
(3) as disapproved if the demerit score is more than 40, if the conditions found are dangerous to the health of the persons confined, or if the conditions resulting in the provisional classification have not been corrected within the specified time period.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
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. July 20, 2019.
15A NCAC 18A .1507 FLOORS
(a) All floors shall be so constructed as to be easily cleanable and shall be kept clean and in good repair.
(b) In all areas in which water is routinely discharged to the floor, or in which the floors are subjected to flooding-type cleaning, floors shall be of nonabsorbent materials, shall be sloped to drain and be provided with floor drains.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1508 WALLS AND CEILINGS
(a) The walls and ceilings of all rooms and areas shall be kept clean and in good repair.
(b) All walls shall be easily cleanable and light colored, and shall have washable surfaces to the highest level reached by splash or spray in rooms or areas where such occur.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1509 LIGHTING AND VENTILATION
(a) All rooms shall be well lighted by natural or artificial means.
(b) Ventilation shall be provided and installed as required by the North Carolina State Building Code. Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, North Carolina 27611.
(c) Ventilation equipment shall be kept clean and in good repair.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 1985;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1510 TOILET, HANDWASHING AND BATHING FACILITIES
(a) Each cell shall be provided with access to toilet and handwashing facilities, and soap and individual towels shall be provided. The fixtures shall be kept clean and in good repair.
(b) Each cell block or section shall be provided with bathing facilities which shall be easily cleanable and shall be kept clean.
(c) Convenient toilet facilities shall be provided for kitchen workers.
(d) Handwashing facilities with hot and cold water and mixing faucet shall be provided in kitchens and any food preparation areas in addition to any lavatories which may be provided at workers' toilet rooms.
(e) A supply of hot water adequate to meet all requirement for hot water in these Rules shall be provided.
(f) Plumbing shall comply with the North Carolina State Building Code, Volume II.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 1992; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1511 WATER SUPPLY
(a) Water supplies at local confinement facilities shall meet the requirements in 15A NCAC 18C or 15A NCAC 18A .1700, as applicable.
(b) In local confinement facilities that use a non-community water system, as defined at G.S. 130A-313(10), a sample of water shall be collected by the Department of Health and Human Services once a year and submitted to the North Carolina State Laboratory of Public Health or other laboratory certified by the North Carolina State Laboratory of Public Health under 10A NCAC 42C .0102 to perform bacteriological examinations.
(c) A local confinement facility's water supply plumbing shall not include cross-connections as set out in 15A NCAC 18C .0102(c)(8).
(d) Local confinement facilities shall provide water heating facilities, and shall provide hot and cold running water under pressure to carry out all operations.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. October 1, 2023.
15A NCAC 18A .1512 DRINKING WATER FACILITIES
(a) Drinking fountains approved by the Department or individual drinking cups shall be provided.
(b) Cups with open seams or surfaces readily corrodible and difficult to clean and maintain shall not be used. All multi-use drinking cups shall be thoroughly cleaned and sanitized daily and before being used by succeeding persons. Drinking fountains, if provided, shall be properly regulated and kept clean.
History Note: Authority G.S. 153A-226;
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. July 20, 2019.
15A NCAC 18A .1513 LIQUID WASTES
(a) All sewage and other liquid wastes shall be disposed of in a public sewer system or, in the absence of a public sewer system, by a sanitary sewage disposal method approved as provided in "Sewage Disposal Systems," 15A NCAC 18A .1900.
(b) All sewage and other liquid wastes shall be so disposed of as not to create a public-health hazard.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Amended Eff. July 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. July 20, 2019.
15A NCAC 18A .1514 SOLID WASTES
(a) All solid wastes containing food scraps or other decomposable materials shall, prior to disposal, be kept in leak-proof, nonabsorbent containers such as standard garbage cans, which shall be kept covered with tight-fitting lids when filled or stored, or not in continuous use.
(b) All dry rubbish (including scrap paper, cardboard boxes, or similar items) shall be stored in containers, rooms, or designated areas in a manner approved by the Department. Cleaning facilities for waste containers shall be provided. Containers shall be cleaned after emptying or removal of garbage or rubbish.
(c) All solid wastes shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance.
History Note: Authority G.S. 153A-226;
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. July 20, 2019.
15A NCAC 18A .1515 VERMIN CONTROL: PREMISES
(a) Effective measures shall be taken to keep flies, rodents, and other vermin out of the local confinement facility and to prevent their breeding or presence on the premises.
(b) The premises under control of the custodian shall be kept neat, clean, and free of litter.
(c) Unless flies and other flying insects are absent from the immediate vicinity of the local confinement facility, all openings to the outer air shall be effectively protected against entrance of such insects by self-closing doors, closed windows, 16-mesh or finer screening, or other effective means.
(d) Only those pesticides shall be used which have been approved for a specific use and properly registered with the Environmental Protection Agency and with the North Carolina Department of Agriculture in accordance with the "Federal Environmental Pesticide Control Act" and the "North Carolina Pesticide Law."
History Note: Authority G.S. 153A-226;
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. July 20, 2019.
15A NCAC 18A .1516 STORAGE
(a) The local confinement facility shall provide at least one sufficiently sized janitor's closet equipped with a mop receptor, shelving, hooks, and other items necessary for the storage of all janitorial supplies and equipment.
(b) The facility shall also provide storage closets or rooms for all bed linens, mattresses, and general supplies. Such rooms shall be kept clean.
History Note: Authority G.S. 153A-226;
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. July 20, 2019.
15A NCAC 18A .1517 MATTRESSES, MATTRESS COVERS, BED LINEN
(a) All furniture, bunks, mattresses, and other furnishings shall be kept clean and in good repair.
(b) Clean bed linen and easily cleanable or washable mattress covers, washable mattresses, or equivalent, shall be provided for each occupant and shall be changed as often as necessary.
(c) Clean linen shall be stored and handled in a sanitary manner. Soiled linen shall be stored and handled in such a manner as not to spread contamination, as by use of suitable bags or closed hampers. Suitable rooms or spaces shall be provided for the separate storage of clean and soiled linens.
History Note: Authority G.S. 153A-226;
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. July 20, 2019.
15A NCAC 18A .1518 FOOD SERVICE UTENSILS AND EQUIPMENT
(a) All equipment and utensils shall be so designed and of such material and workmanship as to be smooth and easily cleanable, and shall be kept in good repair.
(b) The food-contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning, non-toxic, corrosion-resistant, relatively nonabsorbent, and free of open crevices; provided, that hard maple or its equivalent may be used for bakers' tables and cutting boards or blocks.
(c) The National Sanitation Foundation has developed standards for many food service equipment items. Equipment which meets these or equivalent standards shall be accepted as meeting the requirements of this Section.
History Note: Authority G.S. 153A-226;
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. July 20, 2019.
15A NCAC 18A .1519 CLEANING AND SANITIZING OF UTENSILS AND EQUIPMENT
(a) All multi-use eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage.
(b) All kitchenware and food-contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food storage utensils, shall be thoroughly cleaned after each use. Cooking surfaces of equipment shall be cleaned at least once each day. All utensils and food-contact surfaces of equipment used in the preparation, service, display or storage of potentially hazardous foods shall be cleaned and sanitized prior to each use. Non-food-contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition.
(c) Necessary facilities shall be provided and used for the cleaning and sanitizing of utensils and equipment. All such utensils and equipment shall then be stored so as to drain, dry and be protected from splash, dust, or contamination. In-place cleaning of fixed equipment shall be accepted when found effective.
(d) Hand dishwashing facilities shall consist of an approved three-compartment sink of adequate size and depth, with hot and cold water service for each vat, and drainboards on each end of ample size to accommodate the number of eating and drinking utensils involved. When hot water is used for sanitizing, a booster heater of adequate capacity shall be provided to maintain a water temperature of at least 170 degrees F. in the third compartment.
(e) A separate sink with drainboards on each end shall be provided where necessary for the washing of pots, pans, and vegetables.
(f) If a dishwashing machine is provided, the capacity shall be adequate to handle the number of utensils to be washed. The machine shall be fitted with a drainboard of ample size on each side; and the dirty dish lane shall be provided with a counter-sunk sink, or other effective means for the pre-cleaning, pre-flushing, or pre-soaking of the utensils.
(g) All cloths used by workers in the kitchen shall be clean. Single service containers shall be used only once.
(h) No polish or other substance containing cyanide or other poisonous material shall be used for the cleaning or polishing of eating or cooking utensils.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1520 STORAGE AND HANDLING OF UTENSILS AND EQUIPMENT
(a) Sanitized utensils shall be stored in a clean place. Containers and utensils shall be covered, inverted, or stored in tight, clean cabinets. After cleaning and until use, food-contact surfaces of equipment shall be protected from contamination. Utensils shall be handled in such a manner as to prevent contamination.
(b) Single service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1521 FOOD SUPPLIES
(a) All food shall be from approved sources and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption.
(b) All meat and meat food products and all poultry and poultry products shall have been inspected for wholesomeness under an official federal, state, or local regulatory program; and, in all cases, the source shall be identifiable from labeling on carcasses, cuts, unit packages, bulk packages, or from bills of sale.
(c) Only Grade A pasteurized fluid milk and fluid milk products or canned milk shall be used. Dry milk and milk products may be reconstituted if used for cooking purposes only.
(d) When necessary to provide meals for prisoners in a jail or lockup which is not equipped with a kitchen, such meals shall be obtained from a foodhandling establishment approved by the local health director. Such meals or food shall be served in single service eating and drinking utensils. The procedures and equipment used for transporting of meals shall be approved by the local health director.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1522 FOOD PROTECTION
(a) All food, while being stored, prepared, served, and during transportation, shall be protected from contamination. All perishable food shall be stored at such temperatures as will protect against spoilage. All potentially hazardous food shall be maintained at safe temperatures (45( F. or below, or 140( F. or above) except during necessary periods of preparation and serving. Ground beef and foods containing ground beef shall be cooked to an internal temperature of at least 155( F (68( C). Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to 165( F (74( C) or higher throughout before being served or before being placed in a hot food storage facility, except that food in intact packages from regulated food manufacturing plants may initially be reheated to 140( F (60( C). Raw fruits and vegetables shall be washed thoroughly before use. Stuffings, poultry, stuffed meats and poultry, and pork and pork products shall be thoroughly cooked before being served. Salads made of meat, poultry, potatoes, fish, shellfish, or eggs, and other potentially hazardous prepared food shall be prepared, preferably from chilled products, with a minimum of manual contact, and on surfaces and with utensils which are clean and which, prior to use, have been sanitized. Individual portions of food once served shall not be served again.
(b) No live animals or fowl shall be allowed in any room or area in which food is prepared, served, or stored.
(c) Refrigeration facilities, hot food storage facilities, and effective insulated facilities, shall be provided as needed to assure the maintenance of all food at required temperatures during storage, preparation, and serving.
(d) Each cold-storage facility used for the storage of perishable food in a non-frozen state shall be provided with an indicating thermometer of such type and so situated that the thermometer can be easily read.
(e) Containers of food shall be stored above the floor, on clean racks, dollies, slatted shelves, or other clean surfaces, in such a manner as to be protected from splash and other contamination.
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1523 FOOD SERVICE WORKERS
(a) All food service workers shall wear clean outer garments and conform to proper hygienic practices. They shall wash their hands thoroughly in an approved handwashing facility before starting work, and as often as may be necessary to remove soil and contamination.
(b) No worker shall resume work after visiting the toilet room without first washing his hands. Hair nets, headbands, caps, or other effective hair restraints, shall be used by workers engaged in the preparation and service of food to keep hair from food and food-contact surfaces. Workers shall not use tobacco in any form while engaged in food preparation, or while in equipment and utensil-washing or food-preparation areas.
(c) No person who has a communicable or infectious disease that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or who has a boil, infected wound, or an acute respiratory infection with cough and nasal discharge, shall work in food service in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces, with disease-causing organisms or transmitting the illness to other persons.
(d) If the custodian has reason to suspect that any person has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the local health department or county physician immediately.
History Note: Authority G.S. 153A-226;
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. July 20, 2019.
15A NCAC 18A .1524 SEVERABILITY
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Expired Eff. August 1, 2019 pursuant to G.S. 150B-21.3A.
15A NCAC 18A .1525 REFERENCE RULES
History Note: Authority G.S. 153A-226;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. June 10, 1978;
Repealed Eff. September 1, 1990.
SECTION .1600 - SANITATION OF RESIDENTIAL CARE FACILITIES
RULES .1601 - .1622 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE(T15A.18A .1601 - .1622); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .0201 - .0222 OF TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .0201 - .0222), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .1601 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Administrator" means the person designated by the licensee to be responsible for the daily operation of the residential care facility.
(2) "Bed linens" means bed sheets, pillowcases, mattress covers, blankets, and duvet covers.
(3) "Clean" means that an object or surface has been made free of garbage, solid waste, soil, dust, hair, dander, food, bodily fluids and secretions, and feces.
(4) "Department" means the North Carolina Department of Health and Human Services.
(5) "Disinfectant" means a disinfectant as defined at 40 C.F.R. 158.2203 that has been registered with the United States Environmental Protection Agency in accordance with 40 C.F.R. 152, which are hereby incorporated by reference, including any subsequent amendments or editions, and are available free of charge at .
(6) "Good repair" means as defined at 15A NCAC 18A .2651(8). Items that are in good repair shall operate in accordance with the manufacturer's instructions.
(7) "Licensing agency" means the North Carolina Department of Health and Human Services, Division of Health Service Regulation.
(8) "Linen" means bath towels, hand drying towels, bed linens, and pillows.
(9) "Non-community water supply" means as defined in G.S. 130A-313(10).
(10) "Pest" means as defined in G.S. 143-460(26a).
(11) "Pest harborage" means any condition that provides water or food and shelter for pests.
(12) "Regulatory authority" means the Department or authorized agent of the Department.
(13) "Resident" means a person, other than the administrator, his or her immediate family, and residential care facility employees , who is residing in a residential care facility.
(14) "Residential care facility" means an establishment providing room or board and for which a license or certificate for payment is obtained from the Department, but does not include a child day care facility or an institution as defined in 15A NCAC 18A .1301.
(15) "Solid waste" means as defined in G.S. 130A-290(35).
(16) "Time/Temperature Control for Safety Food" or "TCS Food" means as defined in Part 1-2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2651.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1993; September 1, 1990; March 1, 1988; July 1, 1984;
Temporary Amendment Eff. May 5, 1998;
Temporary Amendment Expired January 26, 1999;
Amended Eff. November 1, 2002;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1602 APPROVAL OF PLANS
History Note: Authority G.S. 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Repealed Eff. April 1, 2024.
15A NCAC 18A .1603 INSPECTIONS
(a) The regulatory authority shall inspect residential care facilities at least once a year prior to the expiration of the residential care facility's license issued by the licensing agency. The Department shall provide a copy of the inspection form to the administrator of the facility.
(b) The inspection of institutions shall be documented on an inspection form provided by the Department. The form shall include at least the following information:
(1) name and address of the residential care facility;
(2) name of licensee;
(3) an explanation for all demerits incurred during the inspection;
(4) classification in accordance with Rule .1606 of this Section;
(5) the date on which the inspection is conducted; and
(6) the signature of the regulatory authority.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1993;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1604 REINSPECTIONS: VISITS
The regulatory authority may reinspect or visit residential care facilities at any time to ensure compliance with these Rules. When the administrator requests an inspection of their facility to improve a classification the regulatory authority shall make an unannounced inspection within 30 days.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1605 INSPECTION FORMS
History Note: Authority G.S. 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; June 30, 1980;
Repealed Eff. April 1, 2024.
15A NCAC 18A .1606 SCORING SYSTEM
(a) Residential care facility sanitation scores shall be based upon the standards of construction and operation set out in Rules .1607 through .1621 of this Section.
(b) The score of the facility shall be classified as follows:
(1) "Approved" if the demerit score is less than 40 and no six-demerit item is violated; and
(2) "Disapproved" if the demerit score is 40 or greater, or if any six-demerit item is violated.
(c) The sanitation score is the total amount determined by adding demerits for each item found not to be in compliance with the rules of this Section. The demerit value of each item is determined as follows:
(1) Violation of Rule .1607 of this Section regarding the cleanliness of floors and carpet shall equal two demerits and repair of floors and carpet shall equal one demerit.
(2) Violation of Rule .1608 of this Section regarding the cleanliness of walls, ceilings, and attachments shall equal two demerits and repair of walls, ceilings, and attachments shall equal one demerit.
(3) Violation of Rule .1609(a) of this Section regarding the illumination of required spaces shall equal two demerits.
(4) Violation of Rule .1609(b) of this Section regarding the cleanliness and state of repair of windows, fixtures, and ventilation equipment shall equal two demerits.
(5) Violation of Rule .1610(a) of this Section regarding the availability of toileting, handwashing, and bathing facilities shall equal five demerits.
(6) Violation of Rule .1610(a) of this Section regarding the cleanliness and state of repair of toileting, handwashing, and bathing facilities shall equal four demerits.
(7) Violation of Rule .1610(b) of this Section regarding the handwashing sink design shall equal four demerits.
(8) Violation of Rule .1610(b) of this Section regarding the supply and storage provisions in bathrooms shall equal four demerits.
(9) Violation of Rule .1611(a) of this Section regarding the water supply shall equal six demerits.
(10) Violation of Rule .1611(c) of this Section regarding cross-connections shall equal five demerits.
(11) Violation of Rule .1611(d) of this Section regarding the pressure availability and temperature of water at fixtures shall equal four demerits.
(12) Violation of Rule .1613 of this Section regarding liquid waste disposal shall equal six demerits.
(13) Violation of Rule .1614(a) of this Section regarding the locations of storage waste disposal shall equal two demerits.
(14) Violation of Rule .1614(b) of this Section regarding the covering, cleanliness, and state of repair of solid waste containers shall equal two demerits.
(15) Violation of Rule .1614(c) of this Section regarding solid waste disposal frequency shall equal two demerits.
(16) Violation of Rule .1615(a) of this Section regarding pest presence shall equal three demerits.
(17) Violation of Rule .1615(a) of this Section regarding the prevention of harborage conditions shall equal two demerits.
(18) Violation of Rule .1615(a) of this Section regarding the state of repair of outdoor furniture shall equal two demerits.
(19) Violation of Rule .1616 of this Section regarding the storage of substances shall equal four demerits.
(20) Violation of Rule .1617(a) of this Section regarding the cleanliness of furnishings shall equal two demerits.
(21) Violation of Rule .1617(a) of this Section regarding the state of repair of furnishings shall equal two demerits.
(22) Violation of Rule .1617(b) of this Section regarding the provisions and state of repair of bed linens shall equal four demerits.
(23) Violation of Rule .1617(b) of this Section regarding the cleanliness and cleaning frequency of bed linens shall equal four demerits.
(24) Violation of Rule .1617(c) of this Section regarding the storage of clean linen shall equal three demerits.
(25) Violation of Rule .1617(d) of this Section regarding the cleanliness and state of repair of laundry areas and equipment shall equal three demerits.
(26) Violation of Rule .1618(a) of this Section regarding the state of repair of food utensils and equipment, except temperature holding equipment, shall equal three demerits.
(27) Violation of Rule .1618(b) of this Section regarding the cleanliness of food utensils and equipment shall equal four demerits.
(28) Violation of Rule .1618(b) of this Section regarding the cleanliness of the non-food contact sides of equipment shall equal two demerits.
(29) Violation of Rule .1618(c) of this Section regarding the storage of equipment and utensils shall equal two demerits.
(30) Violation of Rule .1618(d) of this Section regarding the provisions for ware washing shall equal five demerits.
(31) Violation of Rule .1618(e) of this Section regarding the cleanliness of food storage areas shall equal three demerits.
(32) Violation of Rule .1619 of this Section regarding the safety and approved sources of foods shall equal five demerits.
(33) Violation of Rule .1620(a) of this Section regarding the time and temperature control of food shall equal five demerits.
(34) Violation of Rule .1620(b) of this Section regarding the prohibitions of live pets shall equal no more than three demerits.
(35) Violation of Rule .1620(c) of this Section regarding the provisions and state of repair of temperature holding equipment shall equal five demerits.
(36) Violation of Rule .1620(c) of this Section regarding the availability of accurate temperature indicating devices shall equal no more than two demerits.
(37) Violation of Rule .1620(d) of this Section regarding the storage of food shall equal four demerits,
(38) Violation of Rule .1621(a) of this Section regarding handwashing methods shall equal four demerits.
(39) Violation of Rule .1621(b) of this Section regarding when to wash hands shall equal four demerits.
(40) Violation of Rule .1621(c) of this Section regarding restricting or excluding employees shall equal five demerits.
(41) Violation of Rule .1621(d) of this Section regarding cleaning supplies and written procedures for responding to vomiting or diarrheal events shall equal two demerits.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1993; January 1, 1978;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1607 FLOORS
All floors shall be kept clean and in good repair.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1608 WALLS AND CEILINGS
(a) The interior walls and ceilings, including doors, window, and window trim, shall be kept clean and in good repair.
(b) Wall and ceiling attachments, such as light fixtures, fans, and vent covers, shall be kept clean and in good repair.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1609 LIGHTING AND VENTILATION
(a) All rooms shall be illuminated by natural or artificial means.
(b) Ventilation equipment shall be kept clean and in good repair.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1993; October 1, 1985; July 1, 1984;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1610 TOILET: HANDWASHING: AND BATHING FACILITIES
(a) All residential care facilities shall provide toilet, handwashing, and bathing facilities that are available for use by residents and employees. These facilities shall be kept clean and in good repair.
(b) All hand sinks and baths shall be supplied with hot and cold running water through mixing devices. The residential care facility shall provide each resident with soap and individual hand-drying towels. These hand-drying towels will be stored separately after being used.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1611 WATER SUPPLY
(a) Water supplies at residential care facilities shall meet the requirements in 15A NCAC 18C or 15A NCAC 18A .1700, as applicable. For facilities licensed by the licensing agency before this Rule's effective date, a well that does not meet the setback to building foundation requirements found in 15A NCAC 18A .1720 shall be approved if water sampling in accordance with Paragraph (b) of this Rule indicates the water is safe for human consumption.
(b) In residential care facilities that use a non-community water supply, a sample of water shall be collected by the Department once a year and submitted to the North Carolina State Laboratory of Public Health or other laboratory certified by the North Carolina State Laboratory of Public Health under 10A NCAC 41C .0102 to perform bacteriological examinations.
(c) A residential care facility's water supply plumbing shall not include cross-connections as set out in 15A NCAC 18C .0102(c)(8).
(d) Residential care facilities shall provide water heating facilities. Hot and cold running water under pressure shall be provided to carry out all operations. Hot water shall be provided at temperatures between 105 degrees Fahrenheit and 116 degrees Fahrenheit at handwashing and bathing facilities.
History Note: Authority G.S. 95-225; 130A-4; 130A-5(3); 130A-230; 130A-235; 130A-236; 130A-248; 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990; July 1, 1984;
Temporary Amendment Eff. May 5, 1998;
Temporary Amendment Expired January 26, 1999;
Temporary Amendment Eff. January 1, 1999;
Amended Eff. August 1, 2000;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1612 DRINKING WATER FACILITIES: ICE HANDLING
History Note: Authority G.S. 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Repealed Eff. April 1, 2024.
15A NCAC 18A .1613 LIQUID WASTES
All sewage originating from the residential care facility shall be disposed by using a publicly operated sewage treatment plant or in a sewage disposal system that meets the requirements of Section .1900 of this Subchapter.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1984;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1614 SOLID WASTES
(a) All solid wastes shall be kept in leak-proof, non-absorbent containers. Waste containers shall be kept clean and in good repair.
(b) Outside waste containers shall be kept covered with tight-fitting lids when not in use.
(c) All solid wastes shall be removed from the premises at a frequency that prevents pest harborages.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1615 PEST CONTROL AND Outdoor PREMISES
(a) Pests shall not be present in a residential care facility. Openings to the outside of a residential care facility building or buildings shall be equipped with doors that are flush with the door frame when closed, closed windows, window screening on windows that can be opened, or controlled air currents to prevent pests from entering the building or buildings. The external premises of a residential care facility shall be kept clean, and free of litter and pest harborage. Outdoor furniture and playgrounds shall be kept in good repair.
(b) Only those pesticides that are registered in accordance with 40 C.F.R. 152 and G.S. 143-442 shall be used at a residential care facility.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1984;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1616 CHEMICAL AND MEDICATION STORAGE
Toxic substances, which include corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, and any substance which may be hazardous to a person if ingested, inhaled, or not handled in accordance with the manufacturer's instructions, and all medications, shall be stored and used in accordance with the manufacturer's instructions.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1617 BEDS: LINEN: Laundry: FURNITURE
(a) Furnishings, including furniture, curtains, draperies, and blinds, shall be kept clean and in good repair. Mattresses shall be kept clean, dry, and in good repair.
(b) Clean bed linen in good repair shall be provided for each resident and shall be changed when no longer clean.
(c) Clean linen shall be stored and handled in a manner to protect from contamination and separate from linen that is not clean.
(d) Laundry areas and equipment shall be kept clean and in good repair.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1618 FOOD SERVICE UTENSILS AND EQUIPMENT
(a) All food service equipment and utensils shall be kept clean and in good repair.
(b) All food contact surfaces of utensils and equipment shall be cleaned after each use.
(c) Utensils and equipment shall be handled and stored in a manner as to protect from contamination.
(d) Residential care facilities shall provide a kitchen sink for cleaning food service equipment and utensils.
(e) Food storage areas shall be kept clean and free of pests.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1619 FOOD
All food provided by a residential care facility for consumption by residents shall comply with Parts 3-1 and 3-2 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1620 FOOD PROTECTION
(a) All TCS food shall be maintained at temperatures required by Part 3-501.16 of the Food Code, incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653, during storage, preparation, transportation, display, and service of the TCS food. Time as a public health control as set forth in Part 3-501.19 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653, may be used, except that written procedures shall not be required.
(b) Live animals shall not be allowed in any room or area in which food is prepared or stored. Live animals shall be permitted in a residential care facility's dining areas if the live animal does not come into physical contact with residential care facility employees engaged in the preparation or handling of food, serving dishes, utensils, tableware, linens, unwrapped single service and single use articles, or food contact surfaces.
(c) Equipment shall be provided and maintained to keep all food at required temperatures during storage and transport. Cold holding equipment shall be provided with an indicating thermometer that is accurate to ±3 degrees Fahrenheit or ±1.5 degrees Celsius.
(d) All food shall be stored as required by Parts 3-302.11, 3-302.12, 3-305.11, and 3-305.12 of the Food Code, incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2653.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. October 1, 1993; September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1621 EMPLOYEES
(a) Residential care facility employees shall wash their hands as required by Paragraph (b) of this Rule using the handwashing method required for food employees in Part 2-301.12 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2652.
(b) Residential care facility employees shall wash their hands immediately:
(1) before beginning work;
(2) before preparing food;
(3) after each visit to the toilet;
(4) before and after resident contact;
(5) after coughing, sneezing, or using a handkerchief or disposable tissue; and
(6) after using tobacco, eating, or drinking.
(c) Residential care facility employees shall comply with the requirements for exclusion from work and restriction due to communicable disease or illness required for food employees as set forth in Parts 2-201.12 and 2-201.13 of the Food Code incorporated by reference at 15A NCAC 18A .2650 as amended by 15A NCAC 18A .2652.
(d) The residential care facility shall have gloves, personal protective equipment, disinfectant, individual disposable towels, and a coagulating agent on-site for employees to use and a written procedure for employees to follow when responding to vomitus or fecal matter on facility surfaces. The procedure shall specify the actions that employees shall take to minimize the exposure of employees, residents, guests, food, and additional surfaces to vomitus or fecal matter.
History Note: Authority G.S. 130A-4; 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. September 1, 1990;
Readopted Eff. April 1, 2024.
15A NCAC 18A .1622 SEVERABILITY
History Note: Authority G.S. 130A-235;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Expired Eff. August 1, 2019 pursuant to G.S. 150B-21.3A.
SECTION .1700 - PROTECTION OF WATER SUPPLIES
RULES .1701 - .1719 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .1701 - .1719); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .1701 - .1719 OF TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .1701 - .1719), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .1701 PURPOSE
15A NCAC 18A .1702 DESIGN AND CONSTRUCTION
15A NCAC 18A .1703 SITE SELECTION
15A NCAC 18A .1704 WELL CONSTRUCTION
15A NCAC 18A .1705 PROTECTION
15A NCAC 18A .1706 WATER SUPPLY NEEDED
15A NCAC 18A .1707 DISINFECTION
15A NCAC 18A .1708 TEST WATER QUALITY
15A NCAC 18A .1709 TYPES OF WELLS
15A NCAC 18A .1710 CONTAMINATION
15A NCAC 18A .1711 PROTECTION OF SPRINGS
15A NCAC 18A .1712 CISTERNS
15A NCAC 18A .1713 HORIZONTAL SUCTION LINES
15A NCAC 18A .1714 PITLESS ADAPTER
15A NCAC 18A .1715 DISINFECTION PROCEDURES
15A NCAC 18A .1716 DISINFECTION OF WELLS
15A NCAC 18A .1717 DISINFECTION OF SPRINGS
15A NCAC 18A .1718 DISINFECTION OF DISTRIBUTION SYSTEM
15A NCAC 18A .1719 AVAILABILITY OF BULLETIN
History Note: Authority G.S. 130A-5(3); 130A-120; 130A-228; 130A-230; 130A-235; 130A-236; 130A-239;
130A-248; 130A-257;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. June 10, 1978;
Repealed Eff. September 1, 1990.
15A NCAC 18A .1720 WATER SUPPLIES
(a) A water supply for which requirements are established in this Subchapter, shall be from a community water supply regulated pursuant to 15A NCAC 18C or from a supply located, constructed, maintained, and operated in accordance with this Section.
(b) The requirements found in Rules .1720(c) through .1728 of this Section shall not apply to community water supplies.
(c) The following setback requirements shall apply:
(1) A well shall not be located in an area propensity for flooding. Areas which have a propensity for flooding include those with concave slope, alluvial or colluvial soils, gullies, depressions or drainage ways.
(2) A well constructed on or after July 1, 1993 shall be located at a minimum horizontal distance from:
(A) Septic tank or nitrification field; 100 ft.
(B) Other subsurface ground absorption waste disposal; 100 ft.
(C) Industrial or municipal sludge spreading or wastewater irrigation site; 100 ft.
(D) Watertight sewage or liquid-waste collection or transfer facility; 50 ft.
(E) Other sewage or liquid-waste collection or transfer facility; 100 ft.
(F) Animal feedlot or manure pile; 100 ft.
(G) Fertilizer, pesticide, herbicide or other chemical storage area; 100 ft.
(H) Non-hazardous waste storage, treatment or disposal lagoon; 100 ft.
(I) Sanitary landfill; 500 ft.
(J) Other non-hazardous solid waste landfill; 100 ft.
(K) Animal barn; 100 ft.
(L) Building foundation; 50 ft.
(M) Surface water body; 50 ft.
(N) Chemical or petroleum fuel underground storage tank regulated under 15A NCAC 2N:
(i) with secondary containment; 50 ft.
(ii) without secondary containment; 100 ft.
(O) Any other source of groundwater contamination. 100 ft.
(3) For a well constructed prior to July 1, 1993, the minimum horizontal distances specified in Parts (C)(2)(A), (B), (D), and (L) of this Rule shall be reduced to no less than the following:
(A) Septic tank or nitrification field; 50 ft.
(B) Other subsurface ground absorption waste disposal system; 50 ft.
(C) Water-tight sewage or liquid-waste collection or transfer facility; 25 ft.
(D) Building foundation. 25 ft.
(4) A well constructed prior to July 1, 1993 serving an establishment regulated under 15A NCAC 18A in operation prior to July 1, 1993 shall be required to meet only the following minimum horizontal distance requirements:
(A) Septic tank or nitrification field; 50 ft.
(B) Other subsurface ground absorption waste disposal system. 50 ft.
(5) An owner, licensee or permittee shall not place or have placed a new source of contamination within the minimum horizontal distances in Subparagraphs (c)(1)-(4) of this Rule.
(6) If different minimum horizontal distances requirements are set by the Division of Environmental Management pursuant to 15A NCAC 2C .0118 and .0119, those minimum horizontal distance requirements shall be used. The owner, licensee or permittees shall provide a written copy of the adjusted minimum horizontal distance requirements from the Division of Environmental Management to the local health department.
History Note: Authority G.S. 95-225; 130A-5(3); 130A-230; 130A-235; 130A-236; 130A-248; 130A-257;
Eff. September 1, 1990;
Amended Eff. May 1, 1996; July 1, 1993;
Temporary Amendment Eff. May 25, 1998; May 5, 1998; March 1, 1998;
Temporary Amendment (March 1, 1998) Expired December 11, 1998;
Temporary Amendment (May 5, 1998) Expired January 26, 1999;
Temporary Amendment (May 25, 1998) Expired March 12, 1999;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1721 WELL CASING
(a) For a well constructed after July 1, 1993, the well casing shall be terminated at least 12 inches above the land surface.
(b) For a well constructed prior to July 1, 1993, the well casing shall be terminated at least six inches above the land surface.
History Note: Authority G.S. 95-225; 130A-5(3); 130A-228; 130A-230; 130A-235; 130A-236; 130A-248; 130A-257;
Eff. July 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1722 WELL HEAD PROTECTION
(a) The base plate of a pump placed directly over the well shall be designed to form a watertight seal with the well casing or pump foundation.
(b) In an installation where the pump is not located directly over the well, the annular space between the casing and pump intake or discharge piping shall be closed with a watertight seal designed specifically for this purpose.
(c) The well shall be vented at the well head to allow for pressure changes within the well except when a suction lift type pump is used. Any vent pipe or tube shall be screened or otherwise designed to prevent the entrance of insects or other foreign materials.
(d) For a well constructed after July 1, 1993, a hose bib shall be installed at the well head for obtaining samples. In the case of offset jet pump installations, the hose bib shall be installed directed downward on the pressure side of the jet pump piping. A vacuum breaker or backflow prevention device shall be installed on the hose bib.
(e) For a well constructed after July 1, 1993, a continuous bond concrete slab or well house concrete floor extending at least three feet horizontally around the outside of the well casing shall be provided. The minimum thickness for the concrete slab or floor shall be four inches. The slab or floor shall slope to drain away from the well casing.
(f) Any establishments permitted or licensed after July 1, 1993 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. The minimum thickness for the concrete slab or floor shall be four inches. The slab or floor shall slope to drain away from the well casing.
History Note: Authority G.S. 95-225; 130A-5(3); 130A-230; 130A-235; 130A-236; 130A-248; 130A-257;
Eff. July 1, 1993;
Amended Eff. May 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1723 SPRINGS
(a) If a spring is serving an establishment regulated under 15A NCAC 18A on or before July 1, 1993, the spring shall be approved unless a violation of Rule .1725 of this Section is identified. If Rule .1725 of this Section is violated and violation remains after disinfection in accordance with Rule .1724(b) of this Section, or the removal of chemical constituents, the spring shall comply with all requirements of Paragraph (b) of this Rule. However, a spring which is in violation of Rule .1725(c) of this Section may continue to be used if equipped with a continuous disinfection device in accordance with Rule .1727 of this Section.
(b) Any establishment permitted or licensed under 15A NCAC 18A after July 1, 1993, and any establishment developing a new spring shall meet the requirements of 2 NCAC 9C .0703, except Paragraphs (a), (b) and (f) shall not apply. 2 NCAC 9C .0703, except Paragraphs (a), (b) and (f) are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the NC Department of Environment, Health, and Natural Resources, Environmental Health Services Section, 2728 Capital Blvd., Raleigh, North Carolina. Copies may be obtained from the Environmental Health Services Section at no cost.
(c) Springs approved pursuant to Paragraph (b) of this Rule shall not be connected to the establishment until compliance with this Section has been completed and the Department receives written certification from the owner of the establishment or a registered engineer, that the spring has been constructed in accordance with the approved plans and specifications.
History Note: Authority G.S. 95-225; 130A-5(3); 130A-230; 130A-235; 130A-236; 130A-248; 130A-257;
Eff. July 1, 1993;
Amended Eff. May 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1724 DISINFECTION OF WATER SYSTEMS
(a) A water system regulated under this Section shall be disinfected upon completion of construction, maintenance, repairs, pump installation, or a report of a confirmed positive coliform sample. Wells shall be disinfected as required in 15A NCAC 02C .0111, which is hereby incorporated by reference, including any subsequent amendments and editions.
(b) A spring enclosure shall be disinfected upon completion of construction, maintenance, repairs, pump installation, or a report of a confirmed positive coliform sample as follows:
(1) the interior surfaces of the spring enclosure shall be washed or swabbed with a chlorine solution of at least 100 milligrams per liter (mg/1) or greater of chlorine residual;
(2) the disinfectant shall be poured into the spring, the service pipe shall be plugged, and water shall be retained in the spring storage for at least 24 hours, or disinfectant shall be fed into the spring continuously for at least 24 hours; and
(3) the spring shall flow to waste until no disinfectant can be measured with a test kit that measures chlorine levels.
History Note: Authority G.S. 95-225; 130A-235; 130A-236; 130A-248; 130A-257; 130A-315;
Eff. July 1, 1993;
Readopted Eff. April 1, 2021.
15A NCAC 18A .1725 WATER QUALITY
(a) Prior to the initial use of a water supply, or after construction, maintenance, repairs, pump installation, or a report of a positive coliform sample, two consecutive bacteriological water samples taken at least 48 hours apart shall be collected by the Department and submitted to the Division of Laboratory Services of the Department of Environment, Health, and Natural Resources or another laboratory certified pursuant to 15A NCAC 20D for analysis. Prior to collecting the sample, the water shall be tested and shall be negative for chlorine residual. For the purposes of this Rule, confirmation means another positive sample result following the initial positive sample unless the last positive sample was preceded by two consecutive negative samples.
(b) The water supply shall be deemed an imminent hazard under the following circumstances:
(1) confirmation of the presence of fecal coliform bacteria.
(2) determination by the Environmental Epidemiology Section of the Department that the presence of chemical constituents are present at levels that constitute an imminent hazard as defined in G.S. 130A-2(3).
(c) The water supply shall be deemed unsafe for use under the following conditions:
(1) confirmation of the presence of total coliform.
(2) determination by the Environmental Epidemiology Section of the Department that the presence of chemical constituents are present at levels in violation of water quality standards found in 15A NCAC 18C .1500 and do not constitute an imminent hazard as defined in G.S. 130A-2(3).
(d) After a positive sample has been followed by two consecutive negative samples collected at least 48 hours apart, follow-up samples shall be collected by the Department at least once each quarter, while the supply is in use, for one year. There shall be no treatment procedures between the two consecutive negative samples.
History Note: Authority G.S. 95-225; 130A-5(3); 130A-230; 130A-235; 130A-236; 130A-248; 130A-257;
Eff. July 1, 1993;
Amended Eff. May 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1726 EMERGENCY SUPPLY SYSTEMS
A water supply serving an establishment regulated under 15A NCAC 18A which is in violation of Rule .1725 of this Section may be replaced by an emergency supply system for a time period not to exceed three months provided the Public Water Supply Section determines that the emergency supply system meets all the following requirements:
(1) The source of water used by the emergency supply shall meet the requirements of 15A NCAC 18C;
(2) Containers, hoses, pumps, lines, or other means of conveyance used to transport the water is disinfected with a chlorine solution of at least 100 mg/l of chlorine prior to being placed into use and after each transfer of water;
(3) A chlorine residual of no less than 0.2 mg/l of free chlorine is maintained at all times and the owner, licensee, or permittee shall maintain a log to record the level of free chlorine residual at least twice a day while the facility is in operation; and
(4) The emergency supply system is sampled for bacteriological analysis at least every other week by the Department and at least weekly by the owner, permittee, or licensee. All samples shall be submitted to the laboratory section of the Department or another laboratory certified by the Department for the analysis. A copy of all sample reports collected by the owner, permittee, or licensee shall be submitted to the local health department having jurisdiction within three days of receipt of the report.
History Note: Authority G.S. 95-225; 130A-5(3); 130A-230; 130A-235; 130A-236; 130A-248; 130A-257;
Eff. July 1, 1993;
Amended Eff. May 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1727 CONTINUOUS DISINFECTION
(a) A supply which is in violation of Rule .1725(c)(1) of this Section may be used provided that the supply shall be continuously disinfected and a chlorine residual is maintained of at least 0.2 mg/l by use of equipment designed for this purpose. An operator shall be required for a water supply using continuous disinfection. The operator shall hold a valid certificate issued by the N.C. Water Treatment Facility Operators Certification Board.
(b) The owner, operator, or permittee shall provide to the Department a statement from the operator that a supply using continuous disinfection has a minimum chlorine residual of 0.2 mg/l and a chlorine contact time of at least 20 minutes.
(c) A disinfection device shall not be used to comply with a violation of Rule .1725 (b)(1) of this Section.
History Note: Authority G.S. 95-225; 130A-5(3); 130A-228; 130A-230; 130A-235; 130A-236; 130A-248; 130A-257;
Eff. July 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .1728 PROHIBITED SUPPLIES
(a) A supply in violation of Rule .1725(b)(1) of this Section shall be prohibited.
(b) Cisterns shall be prohibited.
History Note: Authority G.S. 95-225; 130A-5(3); 130A-228; 130A-230; 130A-235; 130A-236; 130A-248; 130A-257;
Eff. July 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
SECTION .1800 - SANITATION OF LODGING PLACES
15A NCAC 18A .1801 DEFINITIONS
15A NCAC 18A .1802 PERMITS
15A NCAC 18A .1803 PUBLIC DISPLAY OF GRADE CARD
15A NCAC 18A .1804 INSPECTIONS
15A NCAC 18A .1805 INSPECTION FORMS
15A NCAC 18A .1806 GRADING
15A NCAC 18A .1807 APPROVED LODGING ESTABLISHMENTS
15A NCAC 18A .1808 LOBBY: HALLS: STAIRS: AND VENDING AREAS
15A NCAC 18A .1809 LAVATORIES AND BATHS
15A NCAC 18A .1810 WATER SUPPLY
15A NCAC 18A .1811 DRINKING WATER FACILITIES
15A NCAC 18A .1812 GUESTROOMS
15A NCAC 18A .1813 STORAGE AND LAUNDRY FACILITIES
15A NCAC 18A .1814 DISPOSAL OF GARBAGE AND TRASH: PREMISES
15A NCAC 18A .1815 SEVERABILITY
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. April 1, 1997; August 1, 1996; January 1, 1996; April 1, 1992; September 1, 1990; December 1, 1988; March 1, 1988; July 1, 1986; June 30, 1980; September 1, 1979;
Temporary Amendment Eff. June 22, 1998;
Temporary Amendment Expired March 12, 1999;
Temporary Amendment Eff. March 18, 1999;
Temporary Amendment Eff. January 31, 2000;
Amended Eff. November 1, 2006; September 1, 2002; April 1, 2001; August 1, 2000;
Repealed Eff. October 1, 2017.
15A NCAC 18A .1816 REFERENCE RULES
History Note: Authority G.S. 130A-248;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. June 10, 1978;
Repealed Eff. September 1, 1990.
15A NCAC 18A .1817 APPEALS PROCEDURE
History Note: Authority G.S. 130A-248;
Eff. February 1, 1987;
Amended Eff. September 1, 1990;
Repealed Eff. October 1, 2017.
15A NCAC 18A .1818 PLAN REVIEW
History Note: Authority G.S. 130A-248;
Eff. August 1, 1990;
Amended Eff. January 1, 1996;
Repealed Eff. October 1, 2017.
SUBCHAPTER 18A - SANITATION
SECTION .1800 - SANITATION OF LODGING PLACES
15A NCAC 18A .1821 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Accredited Program"
(a) "Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals.
(b) "Accredited program" refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline, and grievance procedures; and test development and administration.
(c) "Accredited program" does not refer to training functions or educational programs.
(2) "Adulterated" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, 402, 21 U.S.C. 342, which is hereby incorporated by reference, including subsequent amendments and Editions and which can be accessed free of charge at .
(3) "Approved" means acceptable to the regulatory authority based upon a determination of conformity with principles, practices, and generally recognized standards that protect public health.
(4) "Bed and Breakfast Home" means bed and breakfast home as defined in G.S. 130A-247(5a).
(5) "Bed and Breakfast Inn" means bed and breakfast inn as defined in G.S. 130A-247(6).
(6) "CFR" means Code of Federal Regulations.
(7) "Clean" means washed and free from dirt, marks, or unwanted matter.
(8) "Department" means the North Carolina Department of Health and Human Services.
(9) "Employee" means the permit holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a lodging establishment.
(10) "Equipment" means an article that is used in the operation of a lodging establishment such as a freezer, grinder, hood, ice machine, water fountain, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine.
(11) "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
(12) "Food-contact surface" means:
(a) A surface of equipment or a utensil with which food normally comes into contact; or
(b) A surface of equipment or a utensil from which food may drain, drip, or splash:
(i) Into a food product; or
(ii) Onto a surface normally in contact with food.
(13) "Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.
(14) "Furnishings" means furniture, fittings, window coverings, and other accessories, including decorative accessories.
(15) "Good Repair" means equipment and utensils shall be maintained in a state of repair and condition that meets the requirements specified under Parts 4-1 and 4-2 of the Food Code as incorporated by reference in Rule 15A NCAC 18A .2650.
(16) "Guest Rooms" means the accommodations or designated areas for persons who pay for the services of the lodging establishment, such as bedrooms, suite areas, and bathrooms.
(17) "Handwashing sink" means a lavatory, basin, or vessel for washing, a washbasin, or a plumbing fixture placed for use in personal hygiene and designed for the washing of the hands. This includes an automatic handwashing facility.
(18) "Kitchenware" means food preparation and storage utensils.
(19) "Linen" means fabric items such as bedding, towels, cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.
(20) "Lodging establishment" means all hotels, motels, inns, tourist homes, and other places providing lodging accommodations for pay. Facilities described in G.S. 130A-250 (1) through (5) shall not be regulated as "lodging establishment." For the purposes of this Section, the term "lodging establishment" also includes bed and breakfast homes and bed and breakfast inns.
(21) "mg/L" means milligrams per liter, which is the metric equivalent of parts per million (ppm).
(22) "Packaged" means bottled, canned, cartoned, bagged, or wrapped, whether packaged in a food establishment or a food processing plant.
(23) "Permit" means the document issued by the regulatory authority that authorizes a person to operate a lodging establishment.
(24) "Permit Holder" means:
(a) The person in charge who resides in and owns or rents the bed and breakfast home or bed and breakfast inn.
(b) The legal entity responsible for the operation of the lodging establishment, such as the owner, the owner's agent, or other person.
(25) "Person" means person as defined in G.S. 130A-2(7).
(26) "Person in charge" means the individual present at a lodging establishment who is responsible for the operation at the time of inspection.
(27) "Physical facilities" means the structure and interior surfaces of a lodging establishment, including furnishings and accessories such as soap and towel dispensers and attachments, such as light fixtures and heating or air conditioning system vents.
(28) "Poisonous or toxic materials" means substances that are not intended for ingestion and are included in four categories:
(a) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;
(b) Pesticides, except sanitizers, which include substances such as insecticides and rodenticides;
(c) Substances that are necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items; and
(d) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.
(29) "Potentially Hazardous Food" means potentially hazardous food (time/temperature control for safety food) to limit pathogenic microorganism growth or toxin formation.
(30) "Premises" means the physical facility, its contents, and the contiguous land or property under the control of the permit holder.
(31) "Refuse" means solid waste not carried by water through the sewage system.
(32) "Registered Environmental Health Specialist" means an Environmental Health Specialist as defined in G.S. 90A-51(2b) who has registered in accordance with G.S. 90A-51(4).
(33) "Regulatory Authority" means the Department or authorized agent of the Department.
(34) "Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five logs, which is equal to a 99.999% reduction, of representative disease microorganisms.
(35) "Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.
(36) "Single-use articles" means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard. It also includes utensils and bulk food containers designed and constructed to be used once and discarded, such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans.
(37) "Tableware" means eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates.
(38) "Temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.
(39) "Transitional Permit" means a permit issued by the regulatory authority upon the transfer of ownership or lease of an existing lodging establishment to allow the correction of construction and equipment problems that do not represent an immediate threat to public health.
(40) "Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; temperature sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food.
(41) "Warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248;
Eff. October 1, 2017.
15A NCAC 18A .1822 MANAGEMENT AND PERSONNEL
(a) Bed and breakfast homes or bed and breakfast inns shall comply with Parts 2-1 through 2-4 of the Food Code as amended by Rule 15A NCAC 18A .2652, with the following exceptions:
(1) Food preparation shall not be prohibited in a bed and breakfast home or bed and breakfast inn.
(2) Nothing shall prohibit family style dining or return to self-service areas such as buffets in a bed and breakfast home or bed and breakfast inn.
(3) The requirement in Section 2-102.12 of the Food Code as amended by Rule 15A NCAC 18A .2652 shall be effective one year after the effective date of this Rule.
(b) Lodging establishment employees shall comply with the requirements of Sections 2-301.11, 2-301.12, 2-301.14, 2-301.15, 2-304.11, 2-401.11, 2-401.12, and 2-403.11 of the Food Code as amended by Rule 15A NCAC 18A .2652.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248;
Eff. October 1, 2017.
15A NCAC 18A .1823 FOOD
(a) Lodging establishments that prepare and serve food shall obtain a food establishment permit unless exempted by G.S. 130A-250.
(b) Food prepared in a bed and breakfast home or a bed and breakfast inn shall comply with Chapter 3 of the Food Code as amended by Rule 15A NCAC 18A .2653. The rules in this Section shall not prohibit family style service in bed and breakfast homes and bed and breakfast inns, and no additional protection or labeling of food shall be required during display and service in these establishments.
(c) In lodging establishments, ice used for room service shall be manufactured from a water supply that complies with 15A NCAC 18A .1700, "Rules Governing the Sanitation of Protection of Water Supplies Rules" and 15A NCAC 18C and shall be stored and handled in a manner so as to prevent contamination. All ice machines for use by guests shall dispense ice without exposing stored ice to guests.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248;
Eff. October 1, 2017.
15A NCAC 18A .1824 EQUIPMENT AND UTENSILS
(a) Food-contact surfaces shall comply with Parts 4-1 and 4-2 of the Food Code as amended by Rule 15A NCAC 18A .2654. This shall not prohibit the use of domestic equipment.
(b) Equipment and utensils shall be kept clean and in good repair.
(c) All kitchenware and food-contact surfaces of equipment, excluding cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food storage utensils, in a bed and breakfast home or bed and breakfast inn shall be cleaned and sanitized, as required in Parts 4-6 and 4-7 of the Food Code as amended by Rule 15A NCAC 18A .2654 after each use, air dried, and stored in a manner to prevent contamination.
(d) Cooking and baking equipment in a bed and breakfast home or bed and breakfast inn shall be cleaned no less than once each day.
(e) Nonfood-contact surfaces of equipment shall be clean.
(f) Sanitizers used for sanitization of kitchenware and food-contact surfaces shall be maintained as required in Part 4-5 of the Food Code as amended by Rule 15A NCAC 18A .2564.
(g) Nothing in this Rule shall require sanitization as exempted in guest rooms per G.S. 130A-248(a3)(3).
(h) Sinks in guest rooms shall be sanitized before washing multi-use utensils.
(i) Single-use articles may be used if discarded after each use. Single-use articles must be stored and handled to prevent contamination.
(j) A food temperature measuring device with a small diameter probe shall be provided and accessible for use by employees in ensuring attainment and maintenance of food temperatures.
(k) A test kit or other device that measures the concentration in mg/L of sanitizing solutions shall be
provided by the lodging establishment.
(l) Equipment for preparing coffee and tea shall be kept clean, but is exempt from sanitization required by Paragraph (c) of this Rule.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248;
Eff. October 1, 2017.
15A NCAC 18A .1825 WATER, PLUMBING, AND WASTE
(a) Water, plumbing, and waste shall comply with Chapter 5 of the Food Code as amended by Rule 15A NCAC 18A .2655. The requirements of Sections 5-202.12, 5-203.11, 5-203.12, 5-203.13, 5-204.11, and 5-205.11 of the Food Code as amended by Rule 15A NCAC 18A .2655 shall be effective one year after the effective date of this Rule.
(b) Bed and Breakfast Homes that are permitted prior to April 2017 and only serve the breakfast meal shall not be required to provide a separate handwashing sink in the kitchen.
(c) A handwashing sink, located to allow use by employees handling clean and soiled linen, shall be provided. This requirement shall be effective one year after the effective date of this Rule. Facilities that do not have handwashing sinks in soiled linen areas shall not be required to install additional lavatories if a hand hygiene program, approved by the regulatory authority, is used.
(d) Baths, handwashing sinks, and toilets shall be provided for each guest room or unit in lodging establishments constructed on or after December 1, 1988.
(e) All refuse shall be collected and stored in covered receptacles. Refuse receptacles shall be kept clean and in good repair.
(f) Where dumpsters are used, a contract for off-site cleaning shall constitute compliance with Paragraph (e) of this rule.
(g) Refuse shall be removed from the premises at a frequency that will prevent the development of odors and other conditions that attract or harbor insects and rodents.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248;
Eff. October 1, 2017.
15A NCAC 18A .1826 PHYSICAL FACILITIES
(a) Handwashing sinks as required in Rule .1825 in this Section shall be supplied with hand soap, and either individual, disposable towels; a continuous towel system that supplies the user with a clean towel; a heated-air hand drying device; or a hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures. Handwashing sinks in guest rooms shall be supplied with soap and clean towels.
(b) Toilets or urinals shall be provided as in Rule .1825 of this Section and shall have a supply of toilet tissues available at each toilet.
(c) Sinks, vanities, toilets, and showers in guest rooms shall be cleaned and sanitized between guests.
(d) The light intensity shall be minimum 215 lux/20 foot candles at a distance of 75 cm/30 inches above the floor in areas used for handwashing, warewashing, and equipment and utensil storage, and in toilet rooms.
(e) Where natural ventilation only is provided, outside openings shall be screened and in good repair. Windows and doors shall be kept clean and in good repair.
(f) Physical facilities shall be kept clean and in good repair.
(g) Perimeter walls and roofs shall protect the lodging establishment from the weather and the entry of insects, rodents, and other pests.
(h) Furnishings, bathroom fixtures, carpets, and other accessories in guest rooms, shall be kept clean and in good repair.
(i) The premises and guest rooms shall be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests shall be controlled to eliminate their presence on the premises by: inspecting incoming shipments of food and supplies; inspecting the premises for evidence of pests; and eliminating harborage conditions.
(j) Live animals shall be prohibited from entering areas of food preparation, storage, sales, display, or dining. This excludes service animals accompanying persons with disabilities in areas that are not used for food preparation.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248;
Eff. October 1, 2017.
15A NCAC 18A .1827 PREMISES, STORAGE, POISONOUS OR TOXIC MATERIALS
(a) There shall be no fly or mosquito breeding places, rodent harborages, or undrained areas on the premises. The premises shall free of litter and items unnecessary to the operation or maintenance of the lodging establishment, such as equipment that is nonfunctional or no longer used.
(b) Only pesticides that have been registered with the EPA and with the N.C. Department of Agriculture and Consumer Services shall be used and only for the specific use for which they have been approved. Such pesticides shall be used as directed on the label and shall be handled and stored to avoid health hazards. Pesticides shall not be accessible to guests.
(c) Household cleaning agents such as bleaches, detergents, and polishes shall be used and stored according to manufacturer's recommendations.
(d) Sanitizing solutions shall not be stored in or dispensed from containers previously containing other poisonous or toxic materials.
(e) Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements specified in "40 CFR 180.940," tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions). 40 CFR 180.940 is hereby incorporated by reference, including all subsequent editions and amendments, and can be accessed free of charge at .
(f) Medications under the control of the permit holder shall be stored in a manner to avoid contamination of food and food contact surfaces.
(g) A storage area shall be provided for building and ground maintenance tools and supplies and stored in a manner to avoid contamination of food and food contact surfaces, linen, and single-use articles.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248;
Eff. October 1, 2017.
15A NCAC 18A .1828 LAUNDRY AND LINENS
(a) Except as specified in Paragraph (b) of this Rule, clean bed and bath linen in good repair shall be provided for each guest who is provided accommodations and shall be changed between successive guests. Two sheets shall be provided for each bed. The lower sheet shall be folded under both ends of the mattress. The upper sheet shall be folded under the mattress at the lower end.
(b) If bed covers are not cleaned between successive guests, the upper sheet shall be folded under the mattress at the lower end and folded over the bed cover minimum six inches at the top end.
(c) Clean linen and supplies shall be stored in cabinets, or on shelves in linen and supply storage rooms. Cabinets, shelves, and storage rooms shall be in good repair and kept clean.
(d) Items on housekeeping carts shall be arranged in a manner to prevent cross-contamination between soiled and cleaned items. Housekeeping carts shall be kept clean and stored to protect items from contamination.
(e) Soiled laundry shall be handled and stored separately from clean laundry using separate cleanable carts or bags. Carts used for soiled laundry shall be labeled or identified for soiled laundry use only.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248;
Eff. October 1, 2017.
15A NCAC 18A .1829 PERMITS
(a) No permit for a lodging establishment shall be issued to a person until an application is submitted in accordance with Rule .1833 and an evaluation by the regulatory authority shows that the establishment complies with this Section. However, for bed and breakfast homes and inns, the regulatory authority shall allow a period of 210 days after the date of issuance of the permit to comply with the certified food protection manager requirements in Rule .1822 of this Section.
(b) Upon transfer of ownership of an existing lodging establishment, the regulatory authority shall complete an evaluation. If the lodging establishment satisfies all the requirements of the rules, a permit shall be issued. If the lodging establishment does not satisfy all the requirements of the rules, a permit shall not be issued. A transitional permit shall be issued if the regulatory authority determines that the noncompliant items are construction or equipment problems that do not represent an immediate threat to public health. The transitional permit shall expire 180 days after the date of issuance, unless suspended or revoked before that date, and shall not be renewed. Upon expiration of a transitional permit, the permit holder shall have corrected the noncompliant items and obtained a permit, or the lodging establishment shall not continue to operate.
(c) The regulatory authority shall impose conditions on the issuance of a permit or a transitional permit if necessary to ensure that a lodging establishment remains in compliance with this Section. Conditions may be specified for one or more of the following areas:
(1) The number of bedrooms or persons housed;
(2) The amount of laundry or kitchen and warewashing equipment on the premises;
(3) Time schedules in completing minor construction items;
(4) Modification or maintenance of water supplies, water use fixtures, and sanitary sewage systems;
(5) Use of facilities for more than one purpose;
(6) Continuation of contractual arrangements upon which basis the permit was issued; or
(7) Any other conditions necessary for a lodging place to remain in compliance with this Section.
(d) If a permit or transitional permit has been suspended, the suspension shall be lifted if the regulatory authority has evaluated the lodging establishment and found that the violations causing the suspension have been corrected. If a permit or transitional permit has been revoked, a new permit shall be issued only after a request is made by the permit holder and the regulatory authority has evaluated the lodging establishment and found it to comply with the rules of this Section. The evaluations shall be conducted within 15 days after the request is made by the permit holder.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248;
Eff. October 1, 2017.
15A NCAC 18A .1830 PUBLIC DISPLAY OF GRADE CARD
(a) Upon initial inspection of a lodging establishment or if a renovation or other change in the establishment makes the grade card not visible, the regulatory authority shall designate the location for posting the grade card. The grade card shall be located in a conspicuous place where it may be readily observed by the public upon entering the lodging establishment. If the person in charge of the lodging establishment objects to the location designated by the regulatory authority, the grade card may be posted in another location that meets the criteria of this Rule if agreed upon by the person in charge and the regulatory authority.
(b) When an inspection of a lodging establishment is made, the regulatory authority shall remove the existing grade card, issue a new grade card, and post the new grade card in the same location where the grade card was previously posted as long as that location remains conspicuous. The person in charge of the lodging establishment shall keep the grade card posted at the designated location at all times. The grade card may be posted in another location that meets the criteria of this Rule if agreed upon by the person in charge and the regulatory authority.
(c) The grade card issued by the Department shall be posted. The posted grade card shall be black on a white background. The alphabetical and numerical rating shall be 1.5 inches in height.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248; 130A-249;
Eff. October 1, 2017.
15A NCAC 18A .1831 INSPECTIONS AND REINSPECTIONS
(a) Upon entry into a lodging establishment, the regulatory authority shall provide identification and the purpose in visiting that establishment. The regulatory authority shall inquire as to the identity of the person in charge and invite the person in charge to accompany the regulatory authority during the inspection. If no employee is identified as the person in charge, the regulatory authority shall invite an employee to accompany them on the inspection. Following the inspection, the regulatory authority shall offer to review the results of the inspection with the person in charge or employee, as applicable.
(b) The grading of lodging establishments shall be conducted using an inspection form furnished by the regulatory authority. The form shall provide the following information:
(1) The name and mailing address of the lodging establishment;
(2) The name of the permit holder;
(3) The permit status and score given;
(4) Standards of construction and operation as listed in Rules .1821 through .1834 of this Section;
(5) An explanation for all points deducted;
(6) The signature of the regulatory authority; and
(7) The date.
(c) The grading of lodging establishments shall be based on the standards of operation and construction as set forth in Rules .1821 through .1834 of this Section.
(d) The Inspection of Lodging Establishment form shall be used to document points assessed for violation of the rules of this Section as follows:
(1) Violation of Part 2-1 of the Food Code incorporated by reference in Rule .1822 of this Section related to person in charge present, certification by accredited program or performs duties shall equal no more than 2 points.
(2) Violation of Part 2-1 of the Food Code incorporated by reference in Rule .1822 of this Section related to management awareness, policy present, and allergy awareness shall equal no more than 2 points.
(3) Violation of Part 2-2 of the Food Code incorporated by reference in Rule.1822 of this Section related to use of reporting, restriction, and exclusion shall equal no more than 2 points.
(4) Violation of Part 2-4 or Chapter 3 of the Food Code incorporated by reference in Rules .1822 and .1823 of this Section related to eating, tasting, drinking, or tobacco use shall equal no more than 1 point.
(5) Violation of Parts 2-3 through 2-4 of the Food Code incorporated by reference in Rule .1822 of this Section related to personal cleanliness and hair restraints shall equal no more than 1 point.
(6) Violation of Part 2-3 or Chapter 3 of the Food Code incorporated by reference in Rules .1822 and .1823 of this Section related to hands clean shall equal no more than 4 points.
(7) Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to food obtained from approved source, good condition, safe, and unadulterated shall equal no more than 3 points.
(8) Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to food separated and protected from contamination shall equal no more than 3 points.
(9) Violation of Rule .1823 or Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to food protected from environmental or other sources of contamination, including proper dispensing of ice, shall equal no more than 3 points.
(10) Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to cooking/reheating temperatures shall equal no more than 3 points.
(11) Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to proper cooling and approved methods shall equal no more than 3 points.
(12) Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to cold/hot holding temperatures shall equal no more than 3 points.
(13) Violation of Chapter 3 of the Food Code incorporated by reference in Rule .1823 of this Section related to date marking shall equal no more than 3 points.
(14) Violation of Rule .1824 or Parts 4-1 through 4-2 of the Food Code incorporated by reference in Rule .1824 of this Section related to equipment, food and nonfood-contact surfaces approved, cleanable, properly designed, constructed and used shall equal no more than 1 point.
(15) Violation of Rule .1824 of this Section related to utensils, equipment properly stored, dried and handled shall equal no more than 1 point.
(16) Violation of Rule .1824 or Part 4-6 of the Food Code incorporated by reference in Rule .1824 of this Section related to warewashing facilities installed, maintained and used shall equal no more than 2 points.
(17) Violation of Rule 1824 or Parts 4-5 through 4-7 of the Food Code incorporated by reference in Rule .1824 of this Section or of Rule .1827 of this Section related to food-contact surfaces cleaned and sanitized where required and sanitizers maintained as required shall equal no more than 3 points.
(18) Violation of Rule .1824 of this Section related to cooking surfaces of equipment and nonfood-contact surfaces clean shall equal no more than 1 point.
(19) Violation of Rule .1824 of this Section related to single-use articles properly stored and used shall equal no more than 1 point.
(20) Violation of Rule 1824 of this Section related to temperature measuring devices and sanitizer test kits provided shall equal no more than 2 points.
(21) Violation of Rule .1825 or Chapter 5 of the Food Code incorporated by reference in Rule .1825 or .1826 of this Section related to handwashing sinks supplied and accessible and toilet tissue supplied shall equal no more than 2 points.
(22) Violation of Rule .1823 of this Section or Chapter 5 of the Food Code incorporated by reference in Rule .1825 of this Section related to water from approved source, backflow prevention, plumbing in good repair shall equal no more than 4 points.
(23) Violation of Chapter 5 of the Food Code incorporated by reference in Rule .1825 of this Section related to service sink or other approved method and mop storage shall equal no more than 2 points.
(24) Violation of Chapter 5 of the Food Code incorporated by reference in Rule .1825 of this Section related to sewage and waste water disposal shall equal no more than 4 points.
(25) Violation of Rule .1826 of this Section related to natural ventilation and lighting requirements shall equal no more than 2 points.
(26) Violation of Rule .1826 of this Section related to furnishings clean and in good repair and guest room bathroom fixtures clean and sanitized between guests shall equal no more than 4 points.
(27) Violation of Rule .1826 of this Section related to physical facilities installed, maintained and clean shall equal no more than 4 points.
(28) Violation of Rule .1826 of this Section related to insects and rodents present shall equal no more than 4 points.
(29) Violation of Rule .1828 of this Section related to linens changed as required shall equal no more than 3 points.
(30) Violation of Rule .1828 of this Section related to linen clean and in good repair shall equal no more than 4 points.
(31) Violation of Rule .1828 of this Section related to linen properly handled and stored shall equal no more than 3 points.
(32) Violation of Rule .1828 of this Section related to housekeeping carts shall equal no more than 4 points.
(33) Violation of Rule .1825 or Chapter 5 of the Food Code incorporated by reference in Rule .1825 of this Section or of Rule .1827 of this Section related to garbage and refuse disposal and facilities maintained shall equal no more than 2 points.
(34) Violation of Rule .1826 or .1827 of this Section related to premises maintained to prevent breeding and harborages shall equal no more than 3 points.
(35) Violation of Rule .1827 of this Section related to storage areas maintained clean, provided for maintenance equipment shall equal no more than 3 points.
(36) Violation of Rule .1827 of this Section related to approved pesticide use shall equal no more than 3 points.
(37) Violation of Rule .1827 of this Section related to household cleaning agents, sanitizers, and medicines properly stored and handled shall equal no more than 3 points.
(38) Violation of Rule .1827 of this Section related to premises kept neat and clean shall equal no more than 2 points.
(e) Upon request of the permit holder or his or her representative a reinspection shall be made. In the case of establishments that request an inspection for the purpose of raising the alphabetical grade, and that hold unrevoked permits, the regulatory authority shall make an unannounced inspection within 15 days from the date of the request.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248; 130A-249;
Eff. October 1, 2017.
15A NCAC 18A .1832 GRADING
(a) The grading of lodging establishments shall be based on a system of scoring. A lodging establishment that earns a score of:
(1) 90 percent or more shall receive a grade A;
(2) 80 percent and less than 90 percent shall receive a grade B;
(3) 70 percent and less than 80 percent shall receive a grade C.
(b) Permits shall be immediately revoked in accordance with G.S. 130A-23(d) for lodging establishments receiving a score of less than 70 percent.
History Note: Authority G.S. 130A-4; 130A-6; 130A-4; 130A-6; 130A-248; 130A-249;
Eff. October 1, 2017.
15A NCAC 18A .1833 APPLICATION AND PLAN REVIEW
(a) Plans drawn to scale for new lodging establishments shall be submitted for review and approval to the local health department prior to initiating construction, or prior to construction of additions or renovations, excluding cosmetic or nonstructural changes to existing lodging establishments.
(b) An applicant shall submit an application for a permit or transitional permit at least 30 days before the date planned for opening the lodging establishment. The applicant shall submit to the regulatory authority a written application for a permit on a form provided by the regulatory authority.
(c) The application form shall include:
(1) The name, mailing address, telephone number, and signature of the person applying for the permit and the name, mailing address, and location of the lodging establishment;
(2) Information specifying whether the lodging establishment is owned by an association, corporation, individual, partnership, or other legal entity;
(3) The name, title, address, and telephone number of the person in charge responsible for the lodging establishment;
(4) A statement specifying the number of guest rooms or units and whether the lodging establishment is an operation that includes one or more of the following:
(A) Prepares, or serves potentially hazardous food (time/temperature control for safety food) for guests;
(B) Prepares only food that is not potentially hazardous (time/temperature control for safety food) for guests;
(C) Does not prepare, but serves only prepackaged food that is not potentially hazardous (time/temperature control for safety food) for guests;
(5) Number and type of meals served, and the menu;
(6) Source of water supply and wastewater disposal; and
(7) A statement signed by the applicant that attests to the accuracy of the information provided in the application.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248;
Eff. October 1, 2017.
15A NCAC 18A .1834 INFORMAL REVIEW PROCESS
(a) If a permit holder disagrees with a decision of the local health department on the enforcement of the rules of this Section the permit holder may request an informal review in accordance with Paragraphs (b) and (c) of this Rule.
(b) If the permit holder requests an informal review, the request shall be in writing and shall be postmarked or hand delivered to the local health department within seven days of notice of the decision giving rise to the review. The request shall state the issues in dispute. The informal review shall be conducted by a Registered Environmental Health Specialist authorized as an agent of the Department. If the inspection giving rise to the informal review was conducted by the Environmental Health Supervisor in the county or area where the lodging establishment is located, or when the county or area has only one Registered Environmental Health Specialist assigned to inspect lodging establishments, the Departmental Environmental Health Regional Specialist assigned to that county or area shall conduct the local informal review. As soon as possible, but no later than 30 days of receipt of the request, the person conducting the review shall:
(1) Contact the permit holder;
(2) Provide that permit holder an opportunity to be heard on the issues in dispute; and
(3) Issue a written decision addressing the issues raised in the informal review.
Copies of the decision shall be delivered by the local health department to the permit holder and to the State Health Director. That decision shall be followed by the Department for the purposes of future inspections of the establishment in question unless modified pursuant to Paragraph (c) of this Rule.
(c) Following receipt of the written decision issued pursuant to Paragraph (b) of this Rule, the permit holder who initiated the informal review may request a State informal review of the resulting decision to an Informal Review Officer employed by and designated by the Department as responsible for final decisions on requests for State informal review from throughout the State. Notice of the request for State informal review shall be in writing, shall include a copy of the Environmental Health Supervisor's or his or her representative's decision, and shall be postmarked or hand-delivered to the local health department and to the Department within seven days of receipt of the written decision issued pursuant to Paragraph (b) of this Rule. Within 35 days of receipt of this request for State informal review, the designated Informal Review Officer shall hold a conference in Wake County. At least 10 days prior to the conference, the Informal Review Officer shall provide notice of the time and place of this conference to the permit holder and the Environmental Health Supervisor for the county or area where the issue arose. Within 10 days following the date of the conference, the Informal Review Officer shall issue a written decision addressing the issues raised in the State informal review and that decision shall be followed by the Department for purposes of future inspections of the establishment in question.
(d) If the informal review results in a change in the score resulting from an inspection of the establishment, the regulatory authority shall post a new grade card reflecting that new score.
(e) Nothing in this Rule shall impact the right of a permit holder to a reinspection pursuant to Rule .1831 of this Section.
(f) Nothing in this Rule shall prohibit the permit holder from seeking remedies as set forth under G.S. 150B.
History Note: Authority G.S. 130A-4; 130A-6; 130A-248; 248-249;
Eff. October 1, 2017.
SECTION .1900 - SEWAGE TREATMENT AND DISPOSAL SYSTEMS
RULES .1901 - .1968 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .1901 - .1968); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .1901 - .1968 OF TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .1901 - .1968), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .1901 PURPOSE
15A NCAC 18A .1902 PROPER DISPOSAL
15A NCAC 18A .1903 DEFINITIONS
15A NCAC 18A .1904 SEWAGE DISPOSAL REQUIREMENTS
15A NCAC 18A .1905 PRIVY AND SEPTIC TANK CONSTRUCTION
15A NCAC 18A .1906 PREFABRICATED TANKS
15A NCAC 18A .1907 MINIMUM STANDARDS FOR PREFABRICATED SEPTIC TANKS
15A NCAC 18A .1908 SITE EVALUATION
15A NCAC 18A .1909 APPLICATION RATES
15A NCAC 18A .1910 SITE CLASSIFICATION
15A NCAC 18A .1911 SPACE REQUIREMENTS
15A NCAC 18A .1912 LOCATION OF SEPTIC TANK SYSTEMS AND PRIVIES
15A NCAC 18A .1913 MAINTENANCE OF PRIVIES
15A NCAC 18A .1914 MAINTENANCE OF SEPTIC TANK SYSTEMS
15A NCAC 18A .1915 PERMITS
15A NCAC 18A .1916 RESPONSIBILITIES
15A NCAC 18A .1917 TECHNICAL GUIDE
15A NCAC 18A .1918 SITE FACTORS
15A NCAC 18A .1919 TOPOGRAPHY
15A NCAC 18A .1920 SOIL CHARACTERISTICS
15A NCAC 18A .1921 PERCOLATION TESTS
15A NCAC 18A .1922 DETERMINATION OF SOIL SUITABILITY
15A NCAC 18A .1923 AVAILABLE SPACE
15A NCAC 18A .1924 OTHER APPLICABLE FACTORS
15A NCAC 18A .1925 ESTIMATES OF SEWAGE QUANTITIES
15A NCAC 18A .1926 POSSIBLE MODIFICATIONS OF INITIAL CLASSIFICATIONS
15A NCAC 18A .1927 INTERPRETATION AND TECHNICAL ASSISTANCE
15A NCAC 18A .1928 APPLICABILITY OF RULES
15A NCAC 18A .1929 EXEMPTION
15A NCAC 18A .1930 DISUSE OF SEWAGE SYSTEM
15A NCAC 18A .1931 VIOLATIONS
15A NCAC 18A .1932 CONFLICTING RULES REPEALED
15A NCAC 18A .1933 SEVERABILITY
History Note: Authority G.S. 130-160; 166.23 through 166.28;
Eff. July 1, 1977;
Readopted Eff. December 5, 1977;
Amended Eff. July 1, 1982; March 31, 1981; June 30, 1980;
Repealed Eff. July 1, 1982.
15A NCAC 18A .1934 SCOPE
15A NCAC 18A .1935 DEFINITIONS
History Note: Authority G.S. 130A-335(e) and (f);
Eff. July 1, 1982;
Amended Eff. July 1, 1995; December 1, 1990; January 1, 1990; August 1, 1988; April 1, 1985;
Temporary Amendment Eff. June 24, 2003;
Amended Eff. June 1, 2006; May 1, 2004;
Repealed Eff. January 1, 2024.
15A NCAC 18A .1936 REQUIREMENTS FOR SEWAGE TREATMENT AND DISPOSAL
History Note: Authority G.S. 130A-335(e);
Eff. July 1, 1982;
Repealed Eff. January 1, 1990.
15A NCAC 18A .1937 PERMITS
15A NCAC 18A .1938 RESPONSIBILITIES
15A NCAC 18A .1939 SITE EVALUATION
15A NCAC 18A .1940 TOPOGRAPHY AND LANDSCAPE POSITION
15A NCAC 18A .1941 SOIL CHARACTERISTICS (MORPHOLOGY)
15a ncac 18A .1942 SOIL WETNESS CONDITIONS
15A NCAC 18A .1943 SOIL DEPTH
15A NCAC 18A .1944 RESTRICTIVE HORIZONS
15A NCAC 18A .1945 AVAILABLE SPACE
15A NCAC 18A .1946 OTHER APPLICABLE FACTORS
15A NCAC 18A .1947 DETERMINATION OF OVERALL SITE SUITABILITY
15A NCAC 18A .1948 SITE CLASSIFICATION
15A NCAC 18A .1949 SEWAGE FLOW RATES FOR DESIGN UNITS
15A NCAC 18A .1950 LOCATION OF SANITARY SEWAGE SYSTEMS
15A NCAC 18A .1951 APPLICABILITY OF RULES
15A ncac 18a .1952 SEPTIC TANK, EFFLUENT FILTER, DOSING TANK AND LIFT STATION DESIGN
15a ncac 18a .1953 PREFABRICATED SEPTIC TANKS AND PUMP TANKS
15A NCAC 18A .1954 MINIMUM STANDARDS FOR PRECAST REINFORCED CONCRETE TANKS
15A NCAC 18A .1955 DESIGN INSTALLATION CRITERIA FOR CONVENTIONAL SEWAGE SYSTEMS
15A NCAC 18A .1956 MODIFICATIONS TO SEPTIC TANK SYSTEMS
15A NCAC 18A .1957 CRITERIA FOR DESIGN OF ALTERNATIVE SEWAGE SYSTEMS
15A NCAC 18A .1958 NON-GROUND ABSORPTION SEWAGE TREATMENT SYSTEMS
15A NCAC 18A .1959 PRIVY CONSTRUCTION
15A NCAC 18A .1960 MAINTENANCE OF PRIVIES
15A NCAC 18A .1961 MAINTENANCE OF SEWAGE SYSTEMS
15A NCAC 18A .1962 APPLICABILITY
History Note: Authority G.S. 89C; 89E; 89F; 90A; 130A-335(e),(f),(f1); 130A-342;
Eff. July 1, 1982;
Amended Eff. January 1, 1990; August 1, 1988; February 1, 1987; April 1, 1985; January 1, 1984; October 1, 1983; July 1, 1983, January 1, 1983; October 1, 1982;
Temporary Amendment Eff. June 30, 1990, for a period of 180 days to expire on December 27, 1990;
Amended Eff. May 1, 1991; December 1, 1990; October 1, 1990;
Temporary Amendment Eff. July 3, 1991, for a period of 180 days to expire on December 30, 1991;
Amended Eff. July 1, 1995; April 1, 1993; February 1, 1992; August 1, 1991;
Temporary Amendment Eff. January 20, 1997;
Amended Eff. August 1, 1998;
Temporary Amendment Eff. January 1, 1999;
Amended Eff. August 1, 2000; November 1, 1999;
Temporary Amendment Eff. June 24, 2003; April 17, 2002;
Amended Eff. August 1, 2007; June 1, 2006; May 1, 2004;
Repealed Eff. January 1, 2024.
15A NCAC 18A .1963 DISUSE OF SEWAGE SYSTEM
History Note: Authority G.S. 130A-335(e);
Eff. July 1, 1982;
Repealed Eff. August 1, 1988.
15A NCAC 18A .1964 INTERPRETATION AND TECHNICAL ASSISTANCE
15A NCAC 18A .1965 APPEALS PROCEDURE
15A NCAC 18A .1966 SEVERABILITY
15A NCAC 18A .1967 INJUNCTIONS
15A NCAC 18A .1968 PENALTIES
History Note: Authority G.S. 130A-335(e);
Eff. July 1, 1982;
Amended Eff. January 1, 1990; February 1, 1987; January 1, 1985;
Repealed Eff. January 1, 2024.
15A NCAC 18A .1969 APPROVAL AND PERMITTING OF ON-SITE SUBSURFACE WASTEWATER SYSTEMS, TECHNOLOGIES, COMPONENTS, OR DEVICES
History Note: Authority G.S. 130A-335(e),(f); 130A-343;
Eff. April 1, 1993;
Temporary Amendment Eff. June 24, 2003; February 1, 2003;
Amended Eff. June 1, 2006; February 1, 2005; May 1, 2004;
Repealed Eff. January 1, 2024.
15A NCAC 18A .1970 ADVANCED WASTEWATER PRETREATMENT SYSTEM
History Note: Authority G.S. 130A-334; 130A-335; 130A-336; 130A-337; 130A-340; 130A-342; 130A-343;
Eff. June 1, 2006;
Amended Eff. October 1, 2011;
Repealed Eff. January 1, 2024.
15A NCAC 18A .1971 ENGINEERED OPTION PERMIT
History Note: Authority G.S. 130A-335; 130A-336.1;
Temporary Adoption Eff. July 1, 2016;
Eff. April 1, 2017;
Repealed Eff. January 1, 2024.
SECTION .2000 - ADMINISTRATIVE PENALTIES
RULES .2001 - .2011 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .2001 - .2011); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .2001 - .2011 TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .2001 - .2011), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .2001 DEFINITIONS
15A NCAC 18A .2002 ADMINISTRATIVE PENALTIES
15A NCAC 18A .2003 WHO MAY ASSESS PENALTIES
15A NCAC 18A .2004 WHEN PENALTIES MAY BE ASSESSED
15A NCAC 18A .2005 AMOUNT OF PENALTY ASSESSMENT
15A NCAC 18A .2006 CONSIDERATIONS IN ASSESSING ADMINISTRATIVE PENALTIES
15A NCAC 18A .2007 PROCEDURE FOR ASSESSMENT
15A NCAC 18A .2008 PAYMENTS: HEARING
15A NCAC 18A .2009 STAY OF PENALTY ASSESSMENT
15A NCAC 18A .2010 WAIVER OF ADMINISTRATIVE HEARING
15A NCAC 18A .2011 REFERRAL
History Note: Authority G.S. 130A-22(f);
Eff. January 1, 1984;
Amended Eff. May 1, 1987;
Repealed Eff. July 1, 1990 in accordance with G.S. 150B-59(c).
SECTION .2100 - RULES GOVERNING THE SANITATION AND SAFETY OF MIGRANT HOUSING
RULES .2101 - .2103 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .2101 - .2103); HAVE BEEN TRANSFERRED AND RECODIFIED FROM RULES .2114 - .2116 TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .2114 - .2116). RULES .2104 - .2105 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .2104 - .2105); HAVE BEEN TRANSFERRED AND RECODIFIED FROM RULES .2118 - .2119 TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .2118 - .2119). RULES .2106 - 2116 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .2106 - .2116) HAVE BEEN TRANSFERRED AND RECODIFIED FROM RULES .2121 - .2131 OF TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .2121 - .2131), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .2101 DEFINITIONS
15A NCAC 18A .2102 PERMITS
15A NCAC 18A .2103 INSPECTIONS
15A NCAC 18A .2104 RIGHT OF ENTRY
15A NCAC 18A .2105 GRADING
15A NCAC 18A .2106 SITE
15A NCAC 18A .2107 BUILDINGS
History Note: Authority G.S. 130A-239;
Eff. January 1, 1985;
Amended Eff. June 1, 1989; January 1, 1989; February 1, 1987; July 1, 1986;
Repealed Eff. July 1, 1990 in accordance with G.S. 150B-59(c).
15A NCAC 18A .2108 WATER SUPPLY
History Note: Authority G.S. 130A-239;
Eff. January 1, 1985;
Amended Eff. June 1, 1989; January 1, 1989; July 1, 1986;
Repealed Eff. October 1, 1990.
15A NCAC 18A .2109 TOILET FACILITIES
15A NCAC 18A .2110 SEWAGE DISPOSAL FACILITIES
15A NCAC 18A .2111 LAUNDRY: HANDWASHING: AND FACILITIES
15A NCAC 18A .2112 LIGHTING AND ELECTRICAL OUTLETS
15A NCAC 18A .2113 SOLID WASTE DISPOSAL
15A NCAC 18A .2114 KITCHEN AND DINING FACILITIES
15A NCAC 18A .2115 INSECT: RODENT: AND ANIMAL CONTROL
15A NCAC 18A .2116 FIRST AID
History Note: Authority G.S. 130A-239;
Eff. January 1, 1985;
Amended Eff. June 1, 1989; January 1, 1989;
Repealed Eff. July 1, 1990 in accordance with G.S. 150B-59(c).
15A NCAC 18A .2117 WATER SANITATION AND QUALITY
(a) A water supply shall be provided that complies with the provisions of 15A NCAC 18A .1700.
(b) Prior to occupancy of a migrant housing facility, water samples for bacteriological analysis shall be collected by an environmental health specialist and submitted to the Division of Laboratory Services of the Department of Environment and Natural Resources or another laboratory certified pursuant to 15A NCAC 20D for analysis. A sample negative for coliform organisms shall be obtained prior to the issuance of health department approval.
(c) An environmental health specialist may collect water samples after occupancy for analysis by the Division of Laboratory Services of the Department or another laboratory certified pursuant to 15A NCAC 20D to determine the continued safety of the water supply for domestic use. The water supply shall be deemed unsafe for domestic use and action taken as follows:
(1) The water supply shall be deemed immediately unsafe upon confirmation of the presence of fecal coliform bacteria or, upon determination by the Environmental Epidemiology Section of the Department that the presence of chemical constituents poses an immediate threat to life. Under these circumstances, the Department shall immediately contact both the migrant housing operator and the Migrant Housing Division, North Carolina Department of Labor. All verbal contact made by the environmental health specialist shall be confirmed in writing.
(2) The water supply shall be deemed unsafe for long-term usage upon confirmation of a positive total coliform test or upon determination by the Environmental Epidemiology Section of the Department that the presence of chemical constituents poses a threat to health. Under these circumstances, the Department shall, within three days, notify the migrant housing operator and the Migrant Housing Division, North Carolina Department of Labor. All verbal contacts made by the environmental health specialist shall be confirmed in writing.
History Note: Authority G.S. 95-225;
Eff. October 1, 1990;
Amended Eff. January 1, 2003;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
SECTION .2200 - SANITATION OF BED AND BREAKFAST HOMES
15A NCAC 18A .2201 DEFINITIONS
15A NCAC 18A .2202 PERMITS
15A NCAC 18A .2203 INSPECTIONS: VISITS: POSTING OF GRADE CARD
15A NCAC 18A .2204 INSPECTION FORMS
15A NCAC 18A .2205 GRADING
15A NCAC 18A .2206 FLOORS
15A NCAC 18A .2207 WALLS AND CEILINGS
15A NCAC 18A .2208 LIGHTING AND VENTILATION
15A NCAC 18A .2209 TOILET: HANDWASHING: LAUNDRY: AND BATHING FACILITIES
15A NCAC 18A .2210 WATER SUPPLY
15A NCAC 18A .2211 DRINKING WATER FACILITIES: ICE HANDLING
15A NCAC 18A .2212 DISPOSAL OF WASTES
15A NCAC 18A .2213 VERMIN CONTROL: PREMISES
15A NCAC 18A .2214 STORAGE: MISCELLANEOUS
15A NCAC 18A .2215 BEDS: LINEN: FURNITURE
15A NCAC 18A .2216 FOOD SERVICE UTENSILS AND EQUIPMENT
15A NCAC 18A .2217 FOOD SUPPLIES
15A NCAC 18A .2218 FOOD PROTECTION
15A NCAC 18A .2219 FOOD SERVICE PERSONS
15A NCAC 18A .2220 SEVERABILITY
15A NCAC 18A .2221 APPEALS PROCEDURE
History Note: Authority G.S. 130A-250;
Eff. April 1, 1984;
Amended Eff. November 1, 2006; November 1, 2002; October 1, 1993; April 1, 1992; August 1, 1991; September 1, 1990; March 1, 1988; February 1, 1987; July 1, 1986;
Repealed October 1, 2017.
SECTION .2300 - DELEGATION OF AUTHORITY TO ENFORCE COMMISSION FOR Public Health's SANITATION RULES
Rules .2301 - .2306 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2301 - .2306); has been transferred and recodified from Rules .2301 - .2306 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .2301 - .2306). Rule .2307 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2307); has been transferred and recodified from Rule .2308 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .2308), effective April 4, 1990.
15A NCAC 18A .2301 SCOPE OF DELEGATED AUTHORITY
15A NCAC 18A .2302 ELIGIBILITY FOR DELEGATION OF AUTHORITY
15A NCAC 18A .2303 DELEGATION OF AUTHORITY
15A NCAC 18A .2304 EVALUATION
History Note: Authority G.S. 130A-4(b); 130A-5(3);
Eff. October 1, 1985;
Amended Eff. December 1, 1990; September 1, 1990;
Repealed Eff. March 1, 1998.
15A NCAC 18A .2305 AGENTS SERVING AS CONTRACTORS
The Division may allow an agent who is authorized in a specific local health department to contract with another local health department to provide services to the other local health department. When a local health department contracts for such services, the contracting department shall provide a statement to the Division on progress made to employ an individual who may be considered for authorization.
(1) A contract shall be created between the contracting local health department and the agent (contractor) to include at least the following provisions:
(a) Names and addresses of each party.
(b) Scope of work to be performed.
(c) A requirement that the original public records remain in the local health department in which the work is performed. The public records shall be left at the local health department or with an individual employed by the local health department who shall be responsible for returning said records to the local health department within two business days of the service provided.
(d) Designation of the party responsible for maintaining public records created by the agent.
(e) A requirement that the contracting agent be available for consultation to the public being served during usual business hours.
(f) A requirement that the contracting agent be available for any hearing or other legal proceeding which may ensue from activities conducted by the agent.
(2) The contracting agent shall maintain a list of each activity and the date performed for review in accordance with Item (3) of this Rule.
(3) Each public record created by the contracting agent shall be reviewed, dated, and initialed by an authorized agent of the contracting local health department. In addition, at least 10 percent of the activities performed by the agent shall be reviewed in the field by an authorized agent employed by the contracting local health department. If the contracting local health department has no authorized employee, the Division shall conduct a review of each public record created by the contracting agent. In addition, at least 10 percent of the activities performed by the agent shall be reviewed on-site in the field by the Division. The review shall be conducted each month and shall cover the previous month's activities conducted by the agent.
History Note: Authority G.S. 130A-4; 130A-29;
Eff. October 1, 1985;
Amended Eff. July 1, 1998; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2306 RE-AUTHORIZATION
History Note: Authority G.S. 130A-4(b); 130A-5(3);
Eff. October 1, 1985;
Repealed Eff. March 1, 1998.
15A NCAC 18A .2307 EVALUATION
The regional specialist may, at any time, evaluate the performance of an authorized agent and recommend that the Director, Division of Environmental Health, take corrective action.
History Note: Authority G.S. 130A-4(b); 130A-5(3);
Eff. February 1, 1987;
Amended Eff. July 1, 1998; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2308 RESERVED FOR FUTURE CODIFICATION
15A NCAC 18A .2309 RESERVED FOR FUTURE CODIFICATION
15A NCAC 18A .2310 APPEALS PROCEDURES
Appeals concerning denials, suspensions and revocations of authorization under these Rules shall be made in accordance with G.S. 150B. An individual whose authorization has been suspended or revoked and who timely requests an appeal may continue to work as an authorized agent until a final agency decision is made pursuant to G.S. 150B-36; however, all inspection forms and permits completed by the agent during that period must be countersigned by another authorized agent who concurs with the findings and conclusions reflected on the inspection forms and permits.
History Note: Authority G.S. 130A-4; 130A-29;
Eff. July 1, 1998;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
SECTION .2400 - SANITATION OF PUBLIC: PRIVATE: AND RELIGIOUS SCHOOLS
RULES .2401 - .2417 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .2401 - .2417); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .2401 - .2417 TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .2401 - .2417), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .2401 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Central toilet" means a toilet which exits into a hallway or corridor and has more than one water closet.
(2) "Department" means the Department of Environment and Natural Resources and its authorized agents.
(3) "Home school" means a school as defined in G.S. 115C-563.
(4) "Principal" means the executive head of a school.
(5) "Private or religious school" means a school which is not supported by funds appropriated by the General Assembly of North Carolina, by the federal government, or through local governmental sources.
(6) "Public school" means a school supported by public funds appropriated by the General Assembly of North Carolina, by the federal government, and through local governmental sources.
(7) "Sanitarian" means a person authorized to represent the Department in enforcing the rules of this Section.
(8) "Superintendent" means the chief administrative head of a local school administrative unit.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Amended Eff. November 1, 2002; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2402 INSPECTIONS
(a) An inspection of each school shall be made by the Department at least once a year to determine compliance with this Section.
(b) An inspection report shall be completed by the sanitarian upon completion of the inspection.
(c) If the conditions found at the time of the inspection of a public school are dangerous to the health of the students, or if an imminent hazard exists, the sanitarian shall notify the office of the local superintendent immediately by telephone or other direct means. A copy of the inspection report shall be immediately forwarded to the local and state superintendents.
(d) If the conditions found at the time of the inspection of a private or religious school are dangerous to the health of the students, or if an imminent hazard exists, the sanitarian shall notify the Office of Non-Public Education, 532 N. Wilmington Street, Raleigh, N.C. 27604, immediately by telephone or other direct means. A copy of the inspection report shall be immediately forwarded to that office.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2403 CLASSIFICATION
(a) Schools shall be classified as follows: schools which receive a score of at least 90 percent shall be classified A; schools which receive a score of at least 80 percent and less than 90 percent shall be classified B; schools which receive a score of at least 70 percent and less than 80 percent shall be classified C; and schools which receive a score of less than 70 percent shall be classified as unapproved. When the school is classified as unapproved, the sanitarian shall provide notification in accordance with Rule .2402(c) or (d) as appropriate. Grade cards shall not be posted in schools.
(b) The grading of schools shall be based on the standards of operation and construction as set forth in Rules .2405 through .2415 of this Section.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2404 REINSPECTIONS
Upon request of the principal, a reinspection shall be made for the purpose of improving a classification. An unannounced inspection shall be made after the lapse of a reasonable period of time, not to exceed 30 days, from the date of the request.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2405 WATER SUPPLY
(a) The water supply shall be from an approved source and shall be adequate and of a safe, sanitary quality.
(b) The water supply used shall be located, constructed, maintained, and operated in accordance with the Commission for Public Health's rules governing water supplies. Copies of 15A NCAC 18A .1700 and 15A NCAC 18C may be obtained from the Department. A sample of water from a private or public non-community water supply serving a school shall be collected by the sanitarian and submitted at least once a year to the Division of Laboratory Services or other laboratory certified by the Department to perform bacteriological examination.
(c) Backflow connections and cross-connections with unapproved water supplies are prohibited.
(d) Hot and cold running water under pressure shall be provided to food preparation areas, and any other areas in which water is required for operations and maintenance cleaning.
(e) The well house shall be kept clean and free of storage.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2406 DRINKING FOUNTAINS
(a) Drinking fountains shall be provided and installed as required by the North Carolina State Building Code. Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, N.C. 27611.
(b) Fountains shall be provided with adequate water pressure, properly regulated, kept clean and in good repair.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2407 SANITARY SEWAGE DISPOSAL
All sewage and other liquid wastes shall be disposed of in a public sewer system or, in the absence of a public sewer system, by an approved, properly operating sanitary sewage system.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2408 TOILET FACILITIES
(a) Toilet facilities shall be provided and installed as required by the North Carolina State Building Code. Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, N.C. 27611.
(b) Walls and ceilings of toilet facilities shall be constructed of non-absorbent, washable materials and shall be kept clean.
(c) Floors of toilet facilities shall be impervious and kept clean.
(d) Toilet fixtures shall be kept clean and in good repair.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2409 LAVATORY FACILITIES
(a) Lavatory facilities shall be provided and installed as required by the North Carolina State Building Code. Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, N.C. 27611.
(b) Fixtures shall be kept clean and in good repair.
(c) Soap and individual towels or approved hand-drying devices shall be provided.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2410 FLOORS: WALLS: AND CEILINGS
Floors, walls, and ceilings of all areas shall be kept clean and in good repair.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2411 STORAGE SPACES
Storage spaces and custodians' closets shall be kept clean and arranged so as to facilitate cleaning. All storage shall be at least 15 inches (38.1 centimeters) above the floor or otherwise arranged so as to permit thorough cleaning.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2412 LIGHTING AND VENTILATION
(a) Lighting and ventilation shall be provided and installed as required by the North Carolina State Building Code. Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, N.C. 27611.
(b) All windows and fixtures (grills, vents, blinds, drapes, lighting fixtures, etc.) shall be kept clean and in good repair.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2413 DRESSING ROOMS AND SHOWERS
(a) Floors, walls, and ceilings shall be kept clean and in good repair.
(b) Floors, walls, and ceilings of shower areas shall be washable and non-absorbent.
(c) Showers shall be provided and installed as required by the North Carolina State Building Code. Copies of the North Carolina State Building Code may be obtained from the North Carolina Department of Insurance, P.O. Box 26387, Raleigh, N.C. 27611.
(d) All fixtures shall be kept clean and in good repair.
(e) Adequate facilities for storage of clothes and other personal items shall be provided and kept clean.
(f) A clean bath towel and soap shall be provided for each person using the showers.
(g) All bath towels shall be stored in a sanitary manner.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2414 SOLID WASTE DISPOSAL
(a) Impervious, cleanable containers with lids, approved by the Department, shall be provided for the storage of solid waste.
(b) Solid waste containers shall be kept clean, in good repair, and emptied when full, but not less than once a week.
(c) All solid waste shall be disposed of in an approved landfill or by a method approved by the Department in accordance with state laws and rules.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2415 PREMISES: MISCELLANEOUS
(a) The premises of the school under control of the principal shall be kept neat and clean at all times. Waste material, unnecessary articles, rubbish, litter, or garbage shall not be allowed to accumulate on the premises. There shall be no fly or mosquito breeding places, rodent harborages, or undrained areas on the premises.
(b) Pesticides and other toxic materials shall be used as directed on the label and handled and stored as to avoid health hazards.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2416 REQUIREMENTS FOR HOME SCHOOLS
Home schools shall be exempt from this Section.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2417 APPEALS PROCEDURE
Appeals concerning the interpretation and enforcement of the rules in this Section shall be made in accordance with G.S. 150B.
History Note: Authority G.S. 130A-236;
Eff. January 1, 1986;
Amended Eff. September 1, 1990; February 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
SECTION .2500 - PUBLIC SWIMMING POOLS
RULES .2501 - .2507 OF TITLE 15A SUBCHAPTER 18A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18A .2501 - .2507); HAVE BEEN TRANSFERRED AND RECODIFIED FROM RULES .2501 - .2507 TITLE 10 SUBCHAPTER 10A OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10A .2501 - .2507), EFFECTIVE APRIL 4, 1990.
15A NCAC 18A .2501 DEFINITIONS
15A NCAC 18A .2502 PUBLIC SWIMMING POOL OPERATION PERMITS
15A NCAC 18A .2503 INSPECTIONS
15A NCAC 18A .2504 DESIGN AND CONSTRUCTION STANDARDS
15A NCAC 18A .2505 WATER QUALITY STANDARDS
15A NCAC 18A .2506 REVOCATION OF PERMITS
15A NCAC 18A .2507 APPEALS
History Note: Authority S.L. 1989, c. 577;
Eff. May 1, 1990;
Repealed Eff. May 1, 1991.
15a ncac 18a .2508 DEFINITIONS
The following definitions apply throughout this Section:
(1) "Department" means North Carolina Department of Health and Human Services.
(2) "Equipment replacement" means replacement of individual components of the hydraulic and disinfection systems such as pumps, filters, and automatic chemical feeders.
(3) "Public swimming pool" means public swimming pool as defined in G.S. 130A-280. Public swimming pools are divided into five types:
(a) "Swimming pools" are public swimming pools used primarily for swimming.
(b) "Spas" are public swimming pools designed for recreational and therapeutic use that are not drained, cleaned, or refilled after each individual use. Spas may include units designed for hydrojet circulation, hot water, cold water mineral bath, air induction bubbles, or any combination thereof. Common terminology for spas includes "therapeutic pool," "hydrotherapy pool," "whirlpool," "hot spa," and "hot tub."
(c) "Wading pools" are public swimming pools designed for use by children, including wading pools for toddlers and children's activity pools designed for casual water play ranging from splashing activity to the use of interactive water features placed in the pool.
(d) "Water recreation attractions" are pools designed for special purposes that differentiate them from swimming pools, wading pools, and spas. They include:
(i) water slide plunge pools and run out lanes, which transfer the kinetic energy of the users' velocity through friction to the slide;
(ii) wave pools;
(iii) rapid rides;
(iv) lazy rivers;
(v) interactive play attractions that incorporate devices using sprayed, jetted, or other water sources contacting the users and that do not incorporate standing or captured water as part of the user activity area;
(vi) training pools deeper than a 24 inch deep wading pool and shallower than a 36 inch deep swimming pool; and
(vii) artificial swimming lagoons as defined in G.S. 130A-280.
(e) "Special purpose and therapy pools" are pools designed and used for therapeutic treatments or physical training and fitness outside of a licensed medical facility or practice of a licensed physical therapist. They include:
(i) float tanks used for float therapy in a salt brine solution;
(ii) swim spa training pools which use jetted water for stationary swimming against a water current;
(iii) exercise therapy and treadmill pools equipped for water resistance exercise therapy; and
(iv) scuba pools designed and used for training swimmers to use self-contained underwater breathing apparatus.
(f) "Display spa at a temporary event" or "DSTE" is a portable, above ground spa that contains water but is not used for body immersion and is displayed at a temporary event.
(4) "Registered Design Professional" means an individual who is registered or licensed to practice engineering as defined by G.S. 89C or architecture as defined by G.S. 83A.
(5) "Remodeled" means renovated in a manner requiring disruption of the majority of the pool shell or deck, changes in the pool profile, or redesign of the pool hydraulic system.
(6) "Repair" means returning existing equipment to working order, replastering or repainting of the pool interior, replacement of tiles or coping, and similar maintenance activities. This term includes replacement of pool decks where the Department has determined that no changes are needed to underlying pipes or other pool structures.
(7) "Safety vacuum release system" means a system or device capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to suction outlet flow blockage.
(8) "Splash zone" means the area of an interactive play attraction that sheds water to a surge tank or container to be recirculated.
(9) "Temporary event" means a non-permanent fair, carnival, circus, festival, or public exhibition.
(10) "Unblockable drain" means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.
(11) "Water feature" means any component within a public swimming pool that pumps, jets, or sprays water above the waterline.
History Note: Authority G.S. 130A-280; 130A-282;
Eff. May 1, 1991;
Temporary Amendment Eff. June 1, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. April, 1, 2013; May 1, 2010; March 1, 2004; April 1, 1999; January 1, 1996; October 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019;
Temporary Amendment Eff. December 3, 2019;
Amended Eff. July 1, 2022; October 1, 2020.
15A NCAC 18A .2509 PLAN REVIEW AND APPROVAL
(a) Public swimming pools plans and specifications shall be prepared by a registered design professional if required by G.S. 89C Engineering or G.S. 83A Architecture, and shall be approved by the Department prior to construction. If required by G.S. 87-1 General Contractors, public swimming pools shall be constructed by swimming pool contractors licensed by the North Carolina Licensing Board for General Contractors.
(b) The owner shall submit a minimum of two complete sets of plans to the local Health Department for review. Plans shall be drawn to scale and accompanied by specifications so as to permit a clear, comprehensive review by the local health department. All prints of drawings shall be a minimum of 18 x 24 inches and a maximum size of 36 x 42 inches. These plans shall include:
(1) Plan and sectional view dimensions of both the pool and the area enclosed by the barrier fences to include the bathhouse and the equipment room and pool accessories;
(2) Specifications of all treatment equipment used and their layout in the equipment room;
(3) A piping schematic showing piping, pipe size, inlets, main drains, skimmers, gutter outlets, vacuum fittings and all other appurtenances connected to the pool-piping system;
(4) Layout of the chemical storage room; and
(5) Specifications for the water supply and wastewater disposal systems that include aspects such as well location and backwash water disposal where applicable.
(c) The Department shall approve, disapprove, or provide written comments on plans and specifications for public swimming pools within 30 days of their receipt. If such action is not taken within 30 days, the plans and specifications shall be deemed approved.
(d) If construction is not initiated within one year from the date of approval, the approval is void.
(e) The swimming pool contractor shall contact the local health department when pool pipes are in place and visible so that the local health department may conduct an open-pipe inspection of the pool piping.
(f) Prior to issuance of the operation permit, the owner shall submit to the local health department a statement signed by a registered design professional stating that construction is complete and in accordance with approved plans and specifications and approved modifications. Observation of construction and a final inspection for design compliance by the certifying registered design professional or his representative are required for this statement.
(g) Upon completion of construction, the contractor shall notify the local health department and the owner. The contractor shall provide the owner with a complete set of drawings, which show as built, the location of all pipes and the connections of all equipment and written operating instructions for all equipment.
History Note: Authority G.S. 130A-282;
Eff. May 1, 1991;
Amended Eff. May 1, 2010; July 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2510 PUBLIC SWIMMING POOL OPERATION PERMITS
(a) No public swimming pool shall commence or continue operation unless the owner or operator has an operation permit issued by the Department for each public swimming pool. Unless suspended or revoked, the operation permit shall be valid for the period of operation specified in the application but in no event shall it be valid for more than 12 months. For public swimming pools which are constructed or remodeled, plans and specifications shall have been approved by the Department in accordance with Rule .2509. Compliance with the design and construction requirements in Rules .2514 through .2534 and approval of plans and specifications shall not be required for public swimming pools constructed or remodeled prior to May 1, 1993. No public swimming pool shall commence or continue operation after May 1, 2010 unless documentation of compliance with pool drain safety requirements of Rule .2539 of this Section has been submitted to the local health department.
(b) Equipment replacement shall comply with Rules .2514 through .2534 and shall be approved by the Department prior to installation. However, for existing swimming pools with recirculation systems unable to meet the pool volume turnover rates specified in the rules of this Section, pump replacement shall match the flow capabilities of the system. Repairs do not require prior approval by the Department.
(c) A separate application for an operation permit must be submitted for each public swimming pool. The owner or operator shall apply annually to the Department for an operator's permit. The application form shall be obtained from the Department and shall include the following information:
(1) the owner's name, address, and phone number;
(2) the operator's name, address, and phone number;
(3) street address of the public swimming pool;
(4) the physical location of the public swimming pool;
(5) type of public swimming pool;
(6) construction date;
(7) proposed operating dates;
(8) type of disinfection; and
(9) signature of owner or designated representative.
History Note: Authority G.S. 130A-282;
Eff. May 1, 1991;
Amended Eff. May 1, 2010; January 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2511 INSPECTIONS
(a) Each public swimming pool shall be inspected by the Department to determine compliance with the rules of this Section. Where an operation permit is issued prior to inspection of a public swimming pool, an inspection shall be completed within 60 days following issuance of the permit. Pools that open on or after April 1 and close on or before October 31 shall be inspected at least once during the period of operation. All other pools shall be inspected at least twice a year.
(b) Inspections of public swimming pools shall be conducted by Environmental Health Specialists authorized by the Department to enforce the rules of this Section. Inspections shall be documented on Inspection of Swimming Pool Form DENR 3960. Items on the grade sheet shall be divided into two, four and six-demerit items. Six-demerit items are failures to maintain minimum water quality or safety standards and warrant immediate suspension of an operation permit under G.S. 130A-23(d). Four-demerit items are rule violations which warrant denial of an operation permit or notification of an intent to suspend an operation permit. Two-demerit items are rule violations that do not warrant permit action unless such violation causes an imminent hazard, a failure to meet water quality or safety standard, or a suction hazard. Demerits shall be assessed for each item found not to be in compliance with the rules of this Section. Demerits shall be assessed as follows:
(1) Violation of Rule .2535(2) of this Section regarding water clarity shall be assessed six demerits.
(2) Violation of Rule .2531(a)(10), .2531(b)(3), .2535(3), (4), (5), (7), (8), or (9), or .2543(d)(7) or (e)(2) of this Section regarding disinfectant residuals shall be assessed six demerits.
(3) Violation of Rule .2535(1) of this Section regarding pool water pH shall be assessed six demerits.
(4) Violation of Rule .2535(12) of this Section or regarding control of water temperature in heated pools shall be assessed six demerits.
(5) Violation of Rule .2535(10), (11), or (13), .2537(c), or .2540 of this Section regarding pool operator training, water quality records and test kits shall be assessed four demerits.
(6) Violation of Rule .2518(j), .2537(b)(7) or (16), or .2539 of this Section regarding pool drains and suction hazards shall be assessed six demerits.
(7) Violation of Rule .2537(b)(3), (8), (9) or (14) of this Section regarding maintenance of pool walls and floor shall be assessed four demerits.
(8) Violation of Rule .2518(k) or (l), .2531(4), .2532(4)(b) or .2537(b)(14) of this Section regarding water surface skimmers shall be assessed four demerits.
(9) Violation of Rule .2523 or .2537(b)(6) of this Section regarding depth markers and no diving markers shall be assessed four demerits.
(10) Violation of Rule .2515(d) or (f), .2523(e) or .2537(b)(12) of this Section regarding floating safety ropes and contrasting color bands at breakpoints shall be assessed two demerits.
(11) Violation of Rule .2517, .2521, .2527, .2537(b)(10), .2527, or .2542 of this Section regarding diving equipment, slides, ladders, steps, handrails and in-pool exercise equipment shall be assessed two demerits.
(12) Violation of Rule .2518(i) or .2537(b)(8) of this Section regarding inlets and other fittings shall be assessed four demerits.
(13) Violation of Rule .2516(b), .2521(b)(4), .2532(13) or .2537(b)(12) of this Section regarding contrasting color bands on seats or benches shall be assessed four demerits.
(14) Violation of Rule .2532(7) or .2537(b)(11) of this Section regarding spa timers shall be assessed four demerits.
(15) Violation of Rule .2530(a), or (b), or .2537(b)(1) of this Section regarding lifesaving equipment shall be assessed six demerits.
(16) Violation of Rule .2528, .2531(a)(7) or .2537(b)(5) of this Section regarding fences, barriers and gates shall be assessed four demerits.
(17) Violation of Rule .2522 or .2537(b)(2) of this Section regarding decks shall be assessed four demerits.
(18) Violation of Rule .2530(c) of this Section regarding No Lifeguard warning signs shall be assessed four demerits.
(19) Violation of Rule .2530(d) or .2543(d)(13) of this Section regarding pet and glass container signs shall be assessed four demerits.
(20) Violation of Rule .2532(15) through (17), or .2537(b)(13) of this Section regarding caution signs at hot water spas shall be assessed four demerits.
(21) Violation of Rule .2524, or .2537(b)(4) of this Section regarding pool and deck lighting and ventilation shall be assessed four demerits.
(22) Violation of Rule .2530(f) of this Section regarding emergency telephones shall be assessed six demerits.
(23) Violation of Rule .2535(6) of this Section regarding automatic chlorine or bromine feeders shall be assessed four demerits.
(24) Violation of Rule .2518 .2519, .2525, .2531(a)(1) through (3), .2532(1) through (6), or .2543(b), (d)(1) through (6) or (e)(1) of this Section regarding pool filter and circulation systems shall be assessed four demerits.
(25) Violation of Rule .2533, .2534 or .2537(b)(15) of this Section regarding equipment rooms and chemical storage rooms shall be assessed two demerits.
(26) Violation of Rule .2518(d) of this Section regarding identification of valves and pipes shall be assessed two demerits.
(27) Violation of Rule .2513(b) of this Section regarding air gaps for filter backwash shall be assessed two demerits.
(28) Violation of Rule .2526 or .2543(d)(11) of this Section regarding accessible dressing and sanitary facilities shall be assessed two demerits.
(29) Violation of Rule .2526 of this Section regarding maintenance and cleaning of dressing and sanitary facilities and fixtures shall be assessed two demerits.
(30) Violation of Rule .2512 of this Section regarding water supplies shall be assessed two demerits.
(31) Violation of Rule .2513(a) of this Section regarding sewage disposal shall be assessed two demerits.
(32) Violation of Rule .2526(c) of this Section regarding floors in dressing and sanitary facilities shall be assessed two demerits.
(33) Violation of Rule .2526(c), or (d) of this Section regarding hose bibs and floor drains in dressing and sanitary facilities shall be assessed two demerits.
History Note: Authority G.S. 130A-282;
Eff. May 1, 1991;
Amended Eff. May 1, 2010; March 1, 2004; January 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2512 WATER SUPPLY
(a) The water supply serving the swimming pool and all plumbing fixtures including drinking fountains, lavatories, toilets, and showers, shall meet all requirements in 15A NCAC 18A .1700 or be an approved public water supply in accordance with 15A NCAC 18C. However, the Department may approve the use of water from natural sources, including the use of saline water, for the swimming pool.
(b) The water distribution system serving the swimming pool and auxiliary facilities shall be protected against backflow. Water introduced into the pool, either directly or by the circulation system, shall be supplied through an air gap (American National Standards Institute A112.1.2-1979), a pipe-applied atmospheric vacuum breaker (ANSI/American Society of Sanitary Engineering No. 1001-1971), a pressure type anti-siphon vacuum breaker (ANSI/ASSE No. 1020-1976), or a reduced-pressure principle backflow preventer (ASSE No. 1013-1979, American Water Works Association No. C506-1978), which are hereby adopted by reference in accordance with G.S. 150B-14(c) or equivalent.
(c) Whenever an over-the-rim spout is used to introduce water into the swimming pool, it shall be shielded so as not to create a hazard. The open end of the spout shall have no sharp edges, shall not protrude more than two inches (5.1 cm) beyond the edge of the pool and shall be at least two pipe diameters above the deck or pool overflow level. The over-the-rim spout shall be located under the diving board or within six inches of a ladder or handrail.
History Note: Authority G.S. 130A-282;
Eff. May 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2513 SEWAGE SYSTEMS AND OTHER WASTEWATER DISPOSAL
(a) Sewage shall be disposed of in a public sewer system or, in the absence of a public sewer system, by an approved, properly operating sanitary sewage system.
(b) There shall be no direct physical connection between the sewer system and any drain from the swimming pool or circulation system. Overflow from the swimming pool, and discharges from the circulation system, when discharged to the sewer system, storm drain or other approved natural drainage course, shall be discharged through a suitable air gap so as to preclude the possibility of back flow of sewage or other waste water into the swimming pool or the swimming pool piping system. Deck drainage shall be discharged through an indirect drain.
History Note: Authority G.S. 130A-282;
Eff. May 1, 1991;
Amended Eff. April 1, 1999; July 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2514 MATERIALS OF CONSTRUCTION
(a) Pools and appurtenances shall be constructed of materials which are inert, non-toxic to man, impervious and permanent, which can withstand design stresses and which can provide a water-tight tank with a smooth and cleanable surface. Use of vinyl liners is prohibited; however, liners no less than 60 mil thick may be used provided the underlying pool shell is of approved construction. If this material is used for repairs, the existing pool shall be remodeled in accordance with this Rule.
(b) Sand or earth bottoms are prohibited in swimming pool construction.
(c) Pool finish, including bottom and sides, shall be of white or light colored material determined visually to contrast least with a value of gray whiter than 50 percent black on an artists gray scale, or shown by reflectance testing to reflect more than 50 percent of visible light.
(d) Pool surfaces in areas which are intended to provide footing for bathers including steps, ramps, and pool bottoms in areas with water less than three feet deep, shall be designed to provide a slip-resistant surface.
History Note: Authority G.S. 130A-82;
Eff. May 1, 1991;
Amended Eff. May 1, 2010;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2515 DESIGN DETAILS
(a) Pools shall be designed and constructed to withstand all loadings for both full and empty conditions.
(b) A hydrostatic relief valve shall be provided for in-ground swimming pools which extend more than two feet below the grade of surrounding land surface unless a gravity drainage system is provided.
(c) Provisions shall be made for complete, continuous circulation of water through all areas of the swimming pool. Swimming pools shall have a circulation system with approved treatment, disinfection, and filtration equipment as required in the rules of this Section.
(d) The minimum depth of water in the swimming pool shall be three feet (0.91 m) except where a minimum depth of less than three feet is needed to provide non-swimming areas such as children's activity areas and sun shelves.
(e) The maximum depth at the shallow end of a swimming pool shall be three and a half feet (1.07 m) except for pools used for competitive swimming, diving or other uses which require water deeper than three and a half feet.
(f) Connections for safety lines shall be recessed in the walls in a manner which presents no hazard to swimmers.
(g) Decorative features such as planters, umbrellas, fountains and waterfalls located on pool decks shall comply with the following:
(1) Decorative features shall not occupy more than 20 percent of the pool perimeter;
(2) If located adjacent to a water depth of greater than five feet, decorative features shall not be more than 20 feet wide;
(3) Decorative features shall not provide handholds or footholds that could encourage climbing above deck level;
(4) A walkway shall be provided to permit free access around decorative features and shall be as wide as the lesser of five feet or the deck width required in Rule .2528 of this Section;
(5) Decorative features shall not obstruct the view of any part of the pool from any seating area; and
(6) Features with moving water shall be separate from the pool recirculation system.
History Note: Authority G.S. 130A-282;
Eff. May 1, 1991;
Amended Eff. May 1, 2010; August 1, 2000; April 1, 1999;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15a ncac 18a .2516 POOL PROFILE
(a) The vertical walls of a public swimming pool shall not exceed 11 degrees from plumb. Corners formed by intersection of walls and floors shall be coved or radiused. Hopper bottomed pools are prohibited.
(b) Underwater ledges or protrusions are prohibited; except that underwater stairs, sun shelves, seats and benches may be installed in areas of the pool no more than four feet deep. Underwater benches shall have a maximum seat depth of two feet from the water surface, protrude no more than 18 inches from the wall and be marked by a two inch contrasting color band on the leading edge. Underwater protrusions may provide seating at swim-up bars located in offset areas away from swim lanes. Underwater stairs may adjoin a sun shelf to deeper water provided the depth at the bottom of the stairs is no more than four feet and the stairs meet all provisions of Rule .2521 of this Section.
(c) The slope of the bottom of any portion of any public swimming pool having a water depth of less than five feet (1.52 m) shall not be more than one foot vertical change in 10 feet (10 cm in one meter) of horizontal distance and the slope shall be uniform.
(d) In portions of pools with water depths greater than five feet (1.52 m), the slope of the bottom shall not be more than one foot vertical in three feet (33.3 cm in one meter) of horizontal distance.
(e) Design of diving areas shall be in accordance with Tables 1A and 1B of Rule .2517 of this Section.
(f) Fountains installed in public swimming pools shall be approved prior to installation and shall comply with the following:
(1) Fountains shall not be installed in an area with a water depth exceeding 18 inches;
(2) Fountains shall be recommended by the manufacturer for use in a public swimming pool;
(3) Fountains shall be installed in accordance with the manufacturer's instructions;
(4) Fountains shall be separate from the pool water recirculation system; and
(5) Fountains shall not release water at a velocity greater than 10 feet per second.
History Note: Authority G.S. 130A-82;
Eff. May 1, 1991;
Amended Eff. May 1, 2010; February 1, 2004; January 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
15A NCAC 18A .2517 DIVING EQUIPMENT
(a) When diving equipment is installed in a public swimming pool, it shall be located in the diving area of the pool so as to provide the minimum dimensions as shown in Tables 1A and 1B of this Rule and shall conform to the following specifications:
(1) Diving equipment shall be designed for swimming pool use and shall be installed in accordance with the manufacturer's recommendations.
(2) Installation instructions and specifications shall be provided with each unit.
(3) A label shall be permanently affixed to the diving equipment and shall include:
(A) manufacturer's name and address;
(B) board length;
(C) type of diving board;
(D) fulcrum setting specifications if applicable.
(4) Diving equipment shall have slip-resistant tread surfaces.
(b) Supports, platforms, and steps for diving equipment shall be of sufficient strength to carry safely the maximum anticipated loads. Steps shall be of corrosion-resistant design. Handrails shall be provided at all steps and ladders leading to diving boards that are one meter or more above the water.
(c) There shall be a completely unobstructed clear vertical distance of 13 feet above any diving board measured from the center of the front end of the board. This area shall extend horizontally at least eight feet behind, eight feet to each side, and 16 feet ahead of Point A in Table 1A.
Table 1A
|Maximum Board Length|Maximum |Board |Minimum Water |
| |Board Height Above Water |Overhang |Depths |
| | |(Pt. A) | |
| | |Max |Min |D1 |D2 |D3 |
|12 feet |30 in |5 feet |4 feet |8'0" |9'0" |8'3" |
|16 feet |1 meter |6 feet |5 feet |8'6" |10'0" |8'6" |
|16 feet |3 meters |6 feet |5 feet |11'6" |12'0" |11'6" |
KEY TO ABBREVIATIONS:
Pt A is the point on the water line of the pool directly beneath the end of the diving board.
D1 is the depth of the water measured from the water line to the floor at the beginning of the radius connecting the end wall with the floor at the deep end of the pool.
D2 is the depth of the water at the deepest point in the pool.
D3 is the depth of the water at the point where the deep area of the pool meets the transition to the shallow area of the pool.
Table 1B
|MaximumBoard Length|Horizontal Distances |Minimum Pool Width |Minimum Separation |
| | | |Distances |
| |L1 |
| 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 shall meet the daily flow requirements calculated as follows:
(A) If 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) If 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.
(c) A supplier of water shall include the impact that demands from anticipated in-ground irrigation systems, multi-family units, or vacation rental homes will have on the daily flow needs determined in Paragraph (b) of this Rule.
(d) If two years of metered usage data exists, a supplier of water may recalculate the daily flow requirements based on the actual usage. If actual demands are lower than the projected demand, recovered supply may be used to support additional connections in accordance with Paragraph (b) of this Rule.
(e) A supplier of water shall be exempt from using Table 1 in Subparagraph (b)(1) of this Rule and any other design flow standards established by the Department or the Commission to determine the daily flow requirements, provided that a professional engineer licensed pursuant to G.S. 89C prepares, seals, and signs documentation supporting alternative daily flow requirements that are sufficient to sustain the water usage required in the engineering design by using low-flow fixtures or flow reduction technologies.
History Note: Authority G.S. 130A-315; 130A-317; P.L. 93-523;
Eff. July 1, 1994;
Readopted Eff. July 1, 2019.
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.
15A NCAC 18C .0503 OTHER DESIGN STANDARDS
In evaluating public water systems or water system design features, in addition to the rules in this Subchapter, the Department shall consider standards from the American Water Works Association or Recommended Standards for Water Works – Policies for the Review and Approval of Plans and Specifications for Public Water Supplies by the Great Lakes – Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers which are incorporated by reference, including any subsequent amendments and editions. Copies of the American Water Works Association standards may be obtained from the American Water Works Association, 6666 W. Quincy Avenue, Denver, Colorado 80235 with costs determined by the American Water Works Association and available at Publications/Standards. Copies of the Recommended Standards for Water Works may be obtained from the Minnesota Department of Administration available at and for a cost of nineteen dollars and ninety-five cents ($19.95). An electronic copy can be obtained at no cost from the Minnesota Department of Health website, located at .
History Note: Authority G.S. 130A-315; 130A-317; P.L. 93-523;
Eff. July 1, 2019 (this Rule was previously codified in 15A NCAC 18C .0715).
SECTION .0600 - RAW SURFACE WATER FACILITIES
15A NCAC 18C .0601 IMPOUNDMENTS: PRE-SETTLING RESERVOIRS
(a) Construction of a pre-settling reservoir shall be required if 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, or color - 75 CU. If impoundment of the water supply stream does not or will not provide raw water of acceptable quality, a pre-settling reservoir located outside the watershed or catchment area shall be required.
(b) The Department shall approve alternatives to pre-settling reservoirs if a supplier of water demonstrates that engineered pretreatment providing an additional treatment barrier to low raw water quality will be installed and that the overall designed treatment process will comply with all other applicable requirements of this Subchapter. Pilot plant studies under Rule .0714 of this Subchapter shall be required to demonstrate treatment effectiveness unless operational data demonstrating treatment effectiveness for the variety of water quality that is experienced at the treatment facility are already available.
(c) The Department shall approve capacity increases at existing surface water treatment facilities without addition or up-sizing of pre-settling reservoirs if:
(1) historical data or full-scale pilot studies demonstrate that the plant will provide treatment in accordance with this Subchapter without additional pre-settling; or
(2) the use of alternative technology alleviates the need for additional pre-settling.
History Note: Authority G.S. 130A-315; 130A-317; P.L. 93-523;
Eff. January 1, 1977;
Readopted Eff. December 5, 1977;
Readopted Eff. July 1, 2019.
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 30 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;
Amended Eff. July 1, 2019.
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 BASINS
(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 the minimum standard unless case specific engineering evidence is presented to demonstrate equivalent treatment efficiency at a shorter period of detention.
(c) Bottom of Basin. The bottom of the basin shall be sloped and provided with a drain valve or valves for 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 shall 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;
Readopted Eff. July 1, 2019.
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 if raw water characteristics are constant and shall not be approved for raw waters that have wide and rapid variations in turbidity or other qualities that 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.
(c) Weir Loading. Weir loading shall not exceed 10 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;
Readopted Eff. July 1, 2019.
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, and demonstrated equivalent treatment efficiency based on case-specific engineering evidence.
(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 used, 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 the 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 of 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. Particle sizes in dual media and mixed media filter beds shall be within 0.15 mm to 1.2 mm. 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, which measures 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 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 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 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;
Readopted Eff. July 1, 2019.
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 Department shall approve alternative filtration treatment technologies when the following conditions have been met and equivalent treatment efficiency, based on case-specific engineering evidence, has been demonstrated.
(1) The source waters shall be derived from WS-I, WS-II, or WS-III watersheds.
(2) The raw water quality standards and fluctuations shall be as specified in Rule .0710(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, and color - 20 CU.
(3) Off-stream pre-treatment or 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 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 that the proposed water treatment plant can produce water that complies with all requirements of this Subchapter, 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 construction contract.
History Note: Authority G.S. 130A-315; 130A-317; P.L. 93-523;
Eff. July 1, 1994;
Readopted Eff. July 1, 2019.
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
(a) Pressure filters shall not be used in treatment of surface waters without prior coagulation and flocculation.
(b) Pressure filters shall be approved for treatment of existing groundwater sources under the influence of surface water under the following conditions:
(1) design standards for gravity filters shall meet the requirements set forth in Rule .0708 of this Section;
(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 the water quality or the design of the proposed filter;
(4) if 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; and
(5) if the pilot study demonstrates that the proposed plant can produce water that complies with all requirements of this Subchapter, 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 construction contract.
History Note: Authority G.S. 130A-315; 130A-317; P.L. 93-523;
Eff. July 1, 1994;
Readopted Eff. July 1, 2019.
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 proposal shall be approved if it meets all of the following conditions and includes all of the following information:
(1) An engineering report shall describe the proposed study and shall include the information and data to justify the 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 that includes the duration, testing procedures, reporting procedures, plant scale, and other factors that affect the proposed plant operation.
(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 approved by the Department for introduction into a public water system unless case specific engineering evidence is presented to demonstrate that it will not adversely impact compliance with water quality requirements specified in this Subchapter.
(c) A model plant may be proposed without on-site testing if the proposed plant or pilot plant has met the following conditions:
(1) been tested under worst case conditions on similar water;
(2) achieved the required log inactivation and removal under Section .2000 of this Subchapter for Giardia, Cryptosporidium, and viruses; and
(3) achieved a maximum of 0.3 NTU turbidity levels 95 percent of the time in filtered effluent.
(d) The pilot plant shall comply with the provisions of Section .2000 of this Subchapter.
(e) If the proposal includes a change of treatment as defined in Rule .1507 Corrosion Control and Lead and Copper Monitoring of this Subchapter, the pilot study shall consider the effect of the proposed changes in compliance with lead, copper, and water quality parameters.
History Note: Authority G.S. 130A-315; 130A-317; P.L. 93-523;
Eff. July 1, 1994;
Amended Eff. October 1, 2009;
Readopted Eff. July 1, 2019.
15A NCAC 18C .0715 OTHER DESIGN STANDARDS
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;
Repealed Eff. July 1, 2019 (this rule was recodified to 15A NCAC 18C .0503).
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)
| | |
|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 |Daily |
| |> 3,300 to 9,999 |Five times per week |
| |501 to 3,300 |Three times per week |
| |500 or fewer |Two times per week |
|Non-transient, |> 1,000 |Three times per week |
|non-community |1,000 or fewer |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.
15A NCAC 18C .1305 SOURCE WATER PROTECTION PLANNING
(a) In compliance with G.S. 130A-320, every supplier of water operating a public water system treating and furnishing water from a surface water source shall create and implement a Source Water Protection Plan. For purposes of this Rule, the Source Water Protection Plan required by G.S. 130A-320 shall be referred to as a Source Water Resiliency and Response Plan (SWRRP).
(b) The SWRRP shall include a list of potential contaminant sources (PCSs) that have potential to reach surface waters, both provided by the Department and supplemented by the water system if additional PCSs are known to exist by the supplier of water. The listed PCSs will be located in the following areas as defined in Classifications and Water Quality Standards Applicable to Surface Waters and Wetlands of North Carolina, 15A NCAC 02B .0200, which is hereby incorporated by reference, including subsequent amendments and editions:
(1) within the entire watershed for waters classified as WS-I;
(2) within the critical area and 1,000 feet from perennial streambanks within the protected area for waters classified as WS-II and WS-III;
(3) within the critical area and 1,000 feet from perennial streambanks within the protected area for waters classified as WS-IV;
(4) within ½ mile from the normal pool elevation in which the intake is located, or to the ridge line of the watershed, whichever comes first, for a reservoir within waters classified as WS-V; and
(5) within ½ mile, measured as a straight line, upstream from and draining to the intake located directly in the stream or river, or to the ridge line of the watershed, whichever comes first, for a direct-stream intake within waters classified as WS-V.
(c) Any community water system subject to this Rule shall certify completion and implementation of a SWRRP by December 31, 2022. The SWRRP shall contain the following elements:
(1) identification and contact information of personnel responsible for emergency management, including water system, local, State, and federal emergency response personnel;
(2) an evaluation of a water system's ability to take the following actions:
(A) close its water intake(s) in the event of contamination, including a determination of the duration of time the water intake(s) can remain closed while maintaining positive water pressure within the distribution system;
(B) isolate or divert contaminated water from its surface water intake(s);
(C) reduce demand by implementing conservation measures during a contamination event. Water Shortage Response Plans may be referenced to fulfill this requirement for water systems required to prepare a Water Shortage Response Plan under 15A NCAC 02E .0607, which is hereby incorporated by reference, including subsequent amendments and editions; and
(D) meet demand via alternate sources of supply in the event of contamination or loss of its primary water source.
(3) identification of foreseeable natural and human-caused emergency events, including water shortages and outages;
(4) a description of the emergency response strategies for each identified shortage or outage event and each potential contamination event associated with PCSs identified and listed in Paragraph (b) of this Rule;
(5) standard operating procedures to close intakes and switch to an alternate intake during a contamination event, including procedures that outline exercises designed to practice closure and switching of the intake(s);
(6) a description of public notification procedures; and
(7) identification and evaluation of all facilities and equipment that upon failure would result in a water outage or violations of this Subchapter.
(d) For community water systems that are subject to this Rule and also required to complete a Risk and Resilience Assessment and an Emergency Response Plan under Section 2013 of America's Water Infrastructure Act of 2018 (AWIA), the system's Risk and Resilience Assessment and Emergency Response Plan created to comply with AWIA may be referred to as a SWRRP and used to satisfy the requirements of this Rule, if the PCS list was compiled in accordance with Paragraph (b) of this Rule. The schedule for certifying completion and implementation of the SWRRP pursuant to this Paragraph shall be as follows:
(1) by September 30, 2020 for community water systems serving more than 100,000 people;
(2) by June 30, 2021 for community water systems serving 50,000 to 99,999 people; and
(3) by December 30, 2021 for community water systems serving 3,301 to 49,999 people.
(e) Non-transient, non-community water systems subject to this Rule shall certify completion and implementation of a SWRRP by December 31, 2022. The SWRRP shall contain the following elements:
(1) identification and contact information of personnel responsible for emergency management, including water system, local, State, and federal emergency response personnel; and
(2) an evaluation of a water system's ability to take the following actions:
(A) close its water intake(s) in the event of contamination, including a determination of the duration of time the water intake(s) can remain closed while maintaining positive water pressure within the distribution system;
(B) isolate or divert contaminated water from its surface water intake(s);
(C) reduce demand by implementing conservation measures during a contamination event; and
(D) meet demand via alternate sources of supply in the event of contamination or loss of its primary water source.
(f) Any public water system that begins treating and furnishing water from a surface water source on or after December 31, 2022 shall create and implement a SWRRP that satisfies the requirements of this Rule prior to the commencement of its operations.
(g) Any public water system required to create and implement a SWRRP in accordance with this Rule shall review and update its SWRRP at five-year intervals from its creation deadline, as specified in Paragraph (c), (d), (e), or (f) of this Rule.
(h) The SWRRP and any associated documentation used in its creation and implementation shall be available for review by Department staff upon request.
(i) The supplier of water shall certify that a SWRRP has been created and implemented, and that the water system's governing body has been advised of the SWRRP creation and implementation. The certification shall be submitted to the Department by the deadline specified in Paragraphs (c), (d), (e), or (f) of this Rule.
(j) The supplier of water shall certify that a SWRRP has been revised and that the water system's governing body has been advised of the revision. The certification shall be submitted to the Department by the revision deadline specified in Paragraph (g) of this Rule.
History Note: Authority G.S. 130A-315; 130A-320(c);
Eff. January 1, 2019;
Amended Eff. April 1, 2020.
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 FLUORIDE PROCESS
(a) Fluoride Levels. Fluoride levels shall not exceed the MCL set forth in Rule .1510 of this Subchapter. A supplier of water that is adding fluoride to the treated water shall maintain the following fluoride levels:
(1) an operational control range for fluoride of 0.6 mg/l to 1.0 mg/l shall be established;
(2) the monthly average of the daily measurements at the entry point to the distribution system shall be within the operational control range; and
(3) 80 percent of the daily measurements at the entry point to the distribution system shall be within the operational control range.
(b) A water treatment plant operator certified pursuant to 15A NCAC 18D shall conduct the necessary chemical analyses and supervise application of the fluoride.
(c) Sample Location and Frequency.
(1) Daily Monitoring. A supplier of water shall measure the fluoride concentration at least once per day at each entry point to the distribution system with fluoridated water.
(2) Split Samples. One entry point sample collected pursuant to Subparagraph (c)(1) of this Rule shall be split equally on a monthly basis. One portion shall be analyzed by water system personnel and the other portion analyzed by the North Carolina State Laboratory for Public Health or another laboratory certified to analyze drinking water samples for fluoride by the North Carolina State Laboratory of Public Health. A supplier of water that has all fluoride samples under this Rule analyzed by a laboratory certified to analyze drinking water samples for fluoride by the North Carolina State Laboratory for Public Health shall not be required to conduct split sampling.
(3) Distribution System Monitoring. The supplier of water of a public water system that has multiple entry points that are either not all fluoridated or the fluoride level at an entry point to the distribution system is not within the range set forth in Subparagraph (a)(1) of this Rule shall conduct sampling as follows:
(A) measure the fluoride concentration in the distribution system at least two times per month;
(B) one sample per month shall be a split sample and analyzed in accordance with Subparagraph (c)(2) of this Rule;
(C) sample sites shall be rotated throughout the distribution system at monitoring locations approved for coliform compliance sampling; and
(D) sample results shall be available for review by the Department upon request.
(4) Annual Raw Water Sample. A supplier of water shall measure the fluoride concentration of the raw water at least annually by a laboratory certified to analyze fluoride in drinking water by the North Carolina State Laboratory of Public Health.
(5) Discrepancies. A supplier of water shall compare the results of the split samples and shall consult with the North Carolina State Laboratory of Public Health to investigate and resolve all discrepancies greater than 15 percent within 30 days of receipt.
(d) Analysis Methods. The fluoride content of water shall be determined in accordance with methods set forth in Rule .1508 of this Subchapter.
(e) Monthly Reporting. Records of all fluoride analyses performed in accordance with Subparagraph (c)(1) of this Rule, shall be recorded on forms approved by the Department and submitted to the Department monthly. The forms shall specify the sample dates, times, locations, and results. Fluoride results performed by certified laboratories in accordance with Subparagraph (c)(1) of this Rule, shall be reported by the certified laboratory electronically in a format prescribed by the Department.
(f) Reporting Exceedances. Any fluoride result above the MCL set forth in Rule .1510 of this Subchapter shall be reported to the Department as soon as possible, but in all cases within 24 hours after receipt of the analysis.
(g) Fluoride Products. All fluoridation products used by a public water system shall meet the requirements of Rule .1537 of this Subchapter.
(h) Discontinuation of Fluoridation. Prior to the discontinuation of fluoride addition, a supplier of water shall provide to the Department and the Department of Health and Human Services, Oral Health Section, copies of documentation by the unit of local government or the governing body operating the community water system that:
(1) the resolution provided in the formal application to add fluoride has been rescinded or replaced; and
(2) the local board of health has been notified.
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;
Readopted Eff. July 1, 2019.
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. This control and adjustment shall be approved by the Department pursuant to the rules in Section .0300 of this Subchapter. If the community water system is also required to install corrosion control treatment to comply with (c) of this Rule, it shall meet the minimum pH level required pursuant to Paragraph (c) of this Rule.
(b) The provisions of 40 C.F.R. 141.42 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
(c) The provisions of 40 C.F.R. 141, Subpart I - Control of Lead and Copper are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) 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. 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;
Readopted Eff. July 1, 2019.
15A NCAC 18C .1508 INORGANIC CHEMICAL SAMPLING AND ANALYSIS
The provisions of 40 C.F.R. 141.23 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter. In addition, two or more water systems that are adjacent, that 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 submit samples every three years from each section of the water system that is supplied from a separate source.
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;
Amended Eff. July 1, 2019.
15A NCAC 18C .1509 SPECIAL MONITORING FOR SODIUM
The provisions of 40 C.F.R. 141.41 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(a) and (b) of this Subchapter.
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;
Amended Eff. July 1, 2019.
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
The requirements of this Rule shall apply only to community water systems. A community water system that 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 and shall include the addition of a new well or other raw water source, an approval of a new community water system, an approval of an existing system not previously approved, or problems and complaints of water quality normally associated with iron concentration.
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;
Amended Eff. July 1, 2019.
15A NCAC 18C .1512 CONCENTRATION OF MANGANESE
The requirements of this Rule shall apply only to community water systems. A community water system that 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 and shall include the addition of a new well or other raw water source, an approval of a new community water system, an approval of an existing system not previously approved, or problems and complaints of water quality normally associated with manganese concentration.
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;
Amended Eff. November 1, 2020; July 1, 2019.
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 incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
(b) If the result of an analysis made pursuant to Paragraph (a) of this Rule indicates that the level of any contaminant regulated under this Subchapter exceeds the maximum contaminant level, the supplier of water shall report to the Department within 48 hours of receipt of the analytical result.
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;
Readopted Eff. July 1, 2019.
15A NCAC 18C .1516 SPECIAL MONITORING FOR UNREGULATED CONTAMINANTS
The provisions of 40 C.F.R. 141.40 are incorporated by reference including subsequent amendments and editions. Copies are available for public inspection as set forth in Rule .0102(b) of this Subchapter.
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;
Readopted Eff. July 1, 2019.
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
The requirements of this Rule shall apply to community water systems and community adjacent water systems, as defined in G.S. 130A-315(b2). The provisions of 40 C.F.R. 141.26 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
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;
Amended Eff. July 1, 2019.
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, Subpart Q – Public Notification of Drinking Water Violations are incorporated by reference, including subsequent amendments and editions. As authorized by 40 C.F.R. 141.205(c)(2), the Department has determined that multi-lingual notice shall be given if 30 percent or more of the consumers served by the system are non-English speaking. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
(b) Special notification for distribution system samples. The requirements of this Paragraph shall be in addition to the public notice requirements set forth in Paragraph (a) of this Rule and to the reporting requirements contained in Rule .1525 of this Subchapter. If a distribution sample that is required to be reported to the Division is taken from the plumbing of a school or daycare, place of residence, or location supplying permanent or temporary housing, the supplier of water shall notify the billing customer at the sampled address 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 E. coli or any other fecal indicator, 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 within 24 hours of receipt of analytical results. If the initial contact is by telephone, written notice by mail or direct delivery shall also be provided within 48 hours of analytical results. The written notice shall include the analytical results and appropriate health effects language as required by Appendix B to 40 C.F.R. 141, Subpart Q.
(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 and shall include the analytical results and appropriate health effects language as required by Appendix B to 40 C.F.R. 141, Subpart Q.
(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.
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;
Readopted Eff. July 1, 2019.
15A NCAC 18C .1524 REPORTING FOR UNREGULATED CONTAMINANT MONITORING RESULTS
The provisions of 40 C.F.R. 141.35 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
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;
Readopted Eff. July 1, 2019.
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 incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter. Any dates set forth in the federal rule shall be applicable.
(b) If 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 or her designated representative within the periods set forth in 40 C.F.R. 141.31, except that electronic reporting conducted in accordance with 40 C.F.R. 141.31(a) shall be completed within seven days of completion of the analysis. The laboratory reporting to the Department shall include analytical results for any maximum contaminant level exceedance within the timeframes applicable to the system owner. Reporting shall be in a format, including electronic reporting, established by the Department and shall be filled out completely. If a certified laboratory fails to report compliance sample results in accordance with this Paragraph, the supplier of water shall report results to the Department as required by this Rule.
History Note: Authority G.S. 130A-315; 130A-324; 130A-329; 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;
Amended Eff. July 1, 2019.
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) The provisions of 40 C.F.R. 141.28 are incorporated by reference, including subsequent amendments and editions, with the following exceptions:
(1) laboratories analyzing samples pursuant to this Subchapter shall be certified for that analytical method by the State Laboratory of Public Health in the Department of Health and Human Services; and
(2) measurements for alkalinity; bromide; fluoride calcium; daily chlorite samples at the entrance to the distribution system; conductivity; orthophosphate; pH; residual disinfectant concentrations for chlorine, chloramines, and chlorine dioxide; magnesium; silica; Specific Ultraviolet Absorbance (SUVA); temperature; Total Organic Carbon (TOC); and turbidity may be performed by any person who holds a valid certificate issued by the North Carolina Water Treatment Facility Operators Board of Certification (NCWTFOBOC). Measurements may also be performed by a person who has been instructed in the measurement procedure by a person who holds a valid certificate issued by the NCWTFOBOC or by a certified laboratory.
(b) Copies may be obtained as set forth in Rule .0102(b) 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;
Transferred and Recodified from 10 NCAC 10D .1629 Eff. April 4, 1990;
Amended Eff. April 1, 1992; September 1, 1990;
Readopted Eff. July 1, 2019.
15A NCAC 18C .1528 ALTERNATE ANALYTICAL TECHNIQUES
The provisions of 40 C.F.R. 141.27 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) 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;
Transferred and Recodified from 10 NCAC 10D .1630 Eff. April 4, 1990;
Readopted Eff. July 1, 2019.
15A NCAC 18C .1529 POINT-OF-ENTRY, BOTTLED WATER, AND OTHER TREATMENT DEVICES
(a) The provisions of 40 C.F.R. 141 Subpart J – Use of Non-Centralized Treatment Devices are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
(b) 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 until compliance with the maximum contaminant level is achieved.
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;
Readopted Eff. July 1, 2019.
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 incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) 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 .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;
Amended Eff. July 1, 2019.
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 incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
(b) The provisions of 40 C.F.R. 141.52 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
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;
Amended Eff. July 1, 2019.
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 TREATMENT CHEMICALS AND SYSTEM COMPONENTS
(a) The standards established by the American National Standards Institute/NSF International, codified as ANSI/NSF Standard 60 and ANSI/NSF Standard 61, are incorporated by reference including subsequent amendments and editions. ANSI/NSF Standard 60 applies to drinking water treatment chemicals. ANSI/NSF Standard 61 applies to drinking water system components. Copies may be obtained for public inspection as set forth in Rule .0503 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 may be used 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 that 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;
Amended Eff. July 1, 2019.
15A NCAC 18C .1538 CONSUMER CONFIDENCE REPORT
The provisions of 40 C.F.R. 141, Subpart O - Consumer Confidence Reports are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
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;
Amended Eff. July 1, 2019.
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 an annual notice to the Department, identifying each approval of construction or alteration of the distribution system of a community water system. The local approval program shall retain a copy of the application and approved engineering plans and shall provide a copy to the Department upon request.
(b) The local approval program shall provide notice to the department within 10 days of any change in staff, budget, or other resources that may affect the program's ability to 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 accordance with approved plans and specifications and revised only in accordance with 15A NCAC 18C .0306. 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 supervised by the engineer. The local approval program shall provide a copy of the statement to the Department upon request.
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;
Amended Eff. July 1, 2019.
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 incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
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;
Amended Eff. July 1, 2019.
15A NCAC 18C .2002 DISINFECTION
(a) The provisions of 40 C.F.R. 141.72 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) 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 only 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 only applied disinfectant and less than 1.0 mg/l measured as total chlorine when ammonia and chlorine are applied disinfectants."
(b) 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).
(c) All surface water treatment facilities shall include chemical disinfection for a minimum 0.5 log Giardia inactivation.
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;
Amended Eff. July 1, 2019.
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 incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
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;
Amended Eff. July 1, 2019.
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 incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
(b) The provisions of 40 C.F.R. 141.54 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
(c) The provisions of 40 C.F.R. 141.64 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
(d) The provisions of 40 C.F.R. 141.65 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) 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 incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter.
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;
Amended Eff. July 1, 2019.
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.
SUBCHAPTER 18D - WATER TREATMENT FACILITY OPERATORS
SECTION .0100 - GENERAL POLICIES
Rules .0101 - .0105 of Title 15A Subchapter 18D of the North Carolina Administrative Code (T15A.18D .0101 - .0105); has been transferred and recodified from Rules .0101 - .0105 Title 10 Subchapter 10E of the North Carolina Administrative Code (T10.10E .0101 - .0105), effective April 4, 1990.
15A NCAC 18D .0101 PURPOSE
History Note: Authority G.S. 90A-20; 90-21(c);
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Repealed Eff. September 1, 1990.
15A NCAC 18D .0102 ORGANIZATION
History Note: Authority G.S. 90A-21;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Repealed Eff. September 1, 2004.
15A NCAC 18D .0103 MEETINGS OF THE BOARD
(a) The Board shall meet at least twice each year for the purpose of examining applications.
(b) Additional meetings shall be held at such other times, and at such places as deemed necessary for the conduct of board business.
History Note: Authority G.S. 90A-21(c);
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.
15A NCAC 18D .0104 QUORUM
History Note: Authority G.S. 90A-21(c);
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Repealed Eff. September 1, 1990.
15A ncac 18d .0105 DEFINITIONS
The following definitions shall apply throughout this Subchapter:
(1) "Acceptable Experience"
(a) For all surface grade certifications, the term shall mean at least 50 percent of the duties consist of active on-site performance of operational duties, including on-site water facility laboratory duties, at a surface water treatment facility. This experience shall be based on the use of mathematics, equipment, materials, maintenance, installation and repair techniques, cross-connection control, and other skills necessary for maintaining and operating a surface water treatment facility. The remaining duties shall be in related fields, such as wastewater facility operation, a water or wastewater laboratory, water pumping stations, water system design and engineering, wells, distribution systems, or cross-connection control. The experience of Public Water Supply Section personnel shall be acceptable if at least 50 percent of their job duties include inspection or on-site technical assistance of public water systems.
(b) For all well grade certifications, the term shall mean at least 50 percent of the duties consist of active on-site performance of operational duties for public water systems with chemical treatment having one or more wells. This experience shall be based on the use of mathematics, equipment, materials, maintenance, installation and repair techniques, cross-connection control, and other skills necessary for maintaining and operating a treated well water system. The remaining duties shall be in related fields, such as wastewater facility operation, a water or wastewater laboratory, water pumping stations, water system design and engineering, surface facilities, distribution systems, or cross-connection control. The experience of Public Water Supply Section personnel shall be acceptable if at least 50 percent of their job duties include inspection or on-site technical assistance of public water systems.
(c) For all distribution grade certifications, the term shall mean at least 50 percent of the duties consist of active on-site performance of operational duties for distribution systems within public water systems. This experience shall be based on the use of mathematics, equipment, materials, maintenance, installation and repair techniques, cross-connection control, and other skills necessary for maintaining and operating a water distribution system. The remaining duties shall be in related fields, such as wastewater facility operation, a water or wastewater laboratory, water pumping stations, water system design and engineering, surface facilities, wells, or cross-connection control. The experience of Public Water Supply Section personnel shall be acceptable if at least 50 percent of their job duties include inspection or on-site technical assistance of public water systems.
(d) For all cross-connection control grade certifications, the term shall mean the duties consist of on-site performance of cross-connection control duties for a public water system. This experience shall be based on the use of mathematics, equipment, materials, maintenance, installation and repair techniques, back flow prevention, and other skills necessary for maintaining and operating a cross-connection control program for a public water system. The remaining duties shall be in related fields, such as wastewater facility operation, a water or wastewater laboratory, water pumping stations, water system design and engineering, surface facilities, or wells. The experience of Public Water Supply Section personnel shall be acceptable if at least 50 percent of their job duties include inspection or on-site technical assistance of public water systems.
(2) "Certified Operator" means any holder of a certificate issued by the Board in accordance with the provisions of G.S. 90A-25.
(3) "College Graduate" means a graduate of a four-year institution accredited by an agency recognized by the United States Department of Education and awarding degrees on the bachelor level.
(4) "Fire Protection System" means dry or wet sprinkler systems or fire hydrant connections to the water distribution system.
(5) "Owner" means the person, unit of local government, firm, corporation, association, partnership, or non-profit corporation formed to operate a public water supply facility.
(6) "Satisfactorily Completed" means the attendance of at least 80 percent of the training required for examination eligibility and 100 percent of the training required for professional growth hours.
(7) "Secretary" means the Secretary of the Department of Environmental Quality.
(8) "Service Connection" means a water tap made to provide a water connection to a water distribution system.
History Note: Authority G.S. 90A-21(c);
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. May 1, 2006; August 1, 2002; August 1, 1998; August 3, 1992; January 1, 1992; September 1, 1990; June 1, 1988;
Readopted Eff. September 1, 2018.
SECTION .0200 – QUALIFICATION OF APPLICANTS AND CLASSIFICATION OF FACILITIES
15A NCAC 18D .0201 GRADES OF CERTIFICATION
(a) Applicants for certification shall be at least 18 years old, possess a high school diploma or general educational development equivalent (GED), and meet the following educational and experience requirements:
(1) GRADE C-SURFACE applicants shall have six months of acceptable experience at a surface water facility and have satisfactorily completed a C -Surface school approved by the Board.
(2) GRADE B-SURFACE applicants shall:
(A) be a college graduate with a bachelor's degree in the physical or natural sciences or be a graduate of a two-year technical program with a diploma in water and wastewater technology, have six months of acceptable experience at a surface water facility, and have satisfactorily completed a B-Surface school approved by the Board; or
(B) have one year of acceptable experience at a surface water facility while holding a Grade C-Surface certificate and have satisfactorily completed a B-Surface school approved by the Board.
(3) GRADE A-SURFACE applicants shall have one year of acceptable experience at a surface water facility while holding a Grade B-Surface certificate and have satisfactorily completed an A-Surface school approved by the Board.
(4) GRADE D-WELL applicants shall have three months of acceptable experience at a well water facility and have satisfactorily completed a C-Well or D-Well school approved by the Board.
(5) GRADE C-WELL applicants shall:
(A) be a college graduate with a bachelor's degree in the physical or natural sciences or be a graduate of a two-year technical program with a diploma in water and wastewater technology, have three months of acceptable experience at a well water facility, and have satisfactorily completed a C -Well school approved by the Board;
(B) have six months of acceptable experience at a well water facility and have satisfactorily completed a C-WELL school approved by the Board; or
(C) hold either a Grade A-Surface certification or a Grade A-Distribution certificate and have satisfactorily completed a C-Well school approved by the Board.
(6) GRADE B-WELL applicants shall:
(A) be a college graduate with a bachelor's degree in the physical or natural sciences or be a graduate of a two-year technical program with a diploma in water and wastewater technology, have six months of acceptable experience at a well water facility, and have satisfactorily completed a B-WELL school approved by the Board; or
(B) have one year of acceptable experience at a well water facility while holding a Grade C-Well certificate and have satisfactorily completed a B-WELL school approved by the Board.
(7) GRADE A-WELL applicants shall have one year of acceptable experience at a well water facility while holding a Grade B-Well certificate and have satisfactorily completed an A-WELL school approved by the Board.
(8) GRADE D-DISTRIBUTION applicants shall have three months of acceptable experience at a distribution system and have satisfactorily completed a C-Distribution or D-Distribution school approved by the Board.
(9) GRADE C-DISTRIBUTION applicants shall hold a certificate of completion of trench shoring training from a school approved by the Board and shall:
(A) be a college graduate with a bachelor's degree in the physical or natural sciences or be a graduate of a two-year technical program with a diploma in water and wastewater technology, have three months of acceptable experience at a Class C or higher distribution system, and have satisfactorily completed a C-Distribution school approved by the Board; or
(B) have six months of acceptable experience at a Class D or higher distribution system and have satisfactorily completed a C-Distribution school approved by the Board.
(10) GRADE B-DISTRIBUTION applicants shall:
(A) be a college graduate with a bachelor's degree in the physical or natural sciences or be a graduate of a two-year technical program with a diploma in water and wastewater technology, have six months of acceptable experience at a Class B or higher distribution system, have satisfactorily completed a B-Distribution school approved by the Board, and shall hold a certificate of completion of trench shoring training from a school approved by the Board; or
(B) have one year of acceptable experience at a Class C or higher distribution system while holding a Grade C-Distribution certificate and have satisfactorily completed a B-Distribution school approved by the Board.
(11) GRADE A-DISTRIBUTION applicants shall have one year of acceptable experience at a Class B or higher distribution system while holding a Grade B-Distribution certificate and have satisfactorily completed an A-Distribution school approved by the Board.
(12) GRADE CROSS-CONNECTION CONTROL applicants shall:
(A) be a college graduate with a bachelor's degree in the physical or natural sciences or be a graduate of a two-year technical program with a degree in water and wastewater or civil engineering technology, and have satisfactorily completed a cross-connection control school approved by the Board;
(B) have six months of acceptable experience at Class D-Distribution or higher system or have one year experience in the operations of cross connection control devices, and have satisfactorily completed a cross-connection control school approved by the Board; or
(C) be a plumbing contractor licensed by the State of North Carolina and have satisfactorily completed a cross-connection control school approved by the Board.
(13) APPRENTICE applicants shall have met the education requirement and satisfactorily completed a Grade B, Grade C, Grade D, or cross-connection control school approved by the Board and shall have correctly answered at least 70 percent of the questions on an examination designed for the class of certification for which the applicant is applying. The apprentice certification may be renewed annually for a maximum of five years, pursuant to the continuing education and renewal requirements of this Subchapter. An apprentice shall not act as a certified operator or an Operator in Responsible Charge for a facility. An apprentice is eligible for Grade B, Grade C, Grade D, or cross-connection control certification after meeting the applicable experience requirements as set forth in this Rule and making application to the Board.
(b) Applications for certification of an operator certified in a state other than North Carolina shall be submitted to the Board for review. The application for out-of-state, civilian applications includes information regarding the applicant's current employment, the type of licenses granted in the state of origin, the years of water treatment experience, and a listing of water treatment plant experience. The application for applicants with military experience includes a listing of water treatment plant experience and an attached copy of the applicant's Verification of Military Experience and Training (VMET). The information supplied shall assist the Board in determining whether the requirements under which the out-of-state certification was obtained are equivalent to those required by the Water Treatment Facility Operators Board of Certification.
History Note: Authority G.S. 90A-21(c); 90A-22; 90A-23; 90A-24; 90A-25(b);
Eff. February 1, 1976;
Amended Eff. September 1, 1977;
Readopted Eff. March 1, 1979;
Amended Eff. February 1, 2012; May 1, 2006; September 1, 2004; August 1, 2000; August 1, 1998; May 3, 1993; August 3, 1992; July 1, 1991; December 31, 1988;
Readopted Eff. September 1, 2018.
15A NCAC 18D .0202 EXAMINATIONS
In addition to the educational and experience requirements in .0201 of this Section, the applicant must successfully pass an examination designed for the class of certification for which the applicant is applying. If an applicant fails an examination three times, the applicant shall retake the appropriate school designated in Rule .0201 of this Section.
History Note: Authority G.S. 90A-21(c); 90A-23; 90A-24;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. May 1, 2006;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.
15A NCAC 18D .0203 RATING VALUES TO DETERMINE VARIOUS CLASSES OF CERTIFICATION
The designation of public water system treatment classifications shall be based on the following rating values:
PARAMETER RATING VALUE
(1) Surface Water Source
(a) flowing stream 5
(b) flowing stream with impoundment 7
(c) raw water treatment 3
(2) Ground Water Source
(a) first five wells 5
(b) add 1 point per 5 wells or fraction thereof over 5 1
(3) Coagulation
(a) aluminum sulfate, ferric chloride 10
(b) polymer 5
(4) Mixing
(a) baffle 2
(b) mechanical 4
(c) air 3
(5) Oxidation (pre-treatment)
(a) C1202 5
(b) ozone 5
(c) KMn04 3
(d) C12 3
(6) Carbon Treatment 2
(7) Aeration
(a) mechanical draft 3
(b) coke tray or splash tray 2
(c) diffused 3
(d) packed tower (VOC reduction) 10
(8) pH Adjustment (primary)
(a) caustic (NaOH) 10
(b) lime or soda ash 3
(c) acid 10
(9) Sedimentation
(a) standard rate 5
(b) tube settlers 3
(c) upflow 8
(d) pulsators and plates 5
(10) Contact Tank 1
(11) Filtration
(a) pressure
(i) sand or anthracite 8
(ii) synthetic media (birm) 8
(iii) granular activated carbon (GAC) 9
(b) gravity
(i) sand 10
(ii) anthracite (mixed) or GAC 12
(iii) with surface wash or air scour 2
(c) membrane 10
(12) Ion Exchange
(a) softener, Na cycle 5
(b) softener, H cycle 7
(c) Fe and Mn (greensand) 9
(d) mixed bed or split stream 9
(13) Lime Softening
(a) spiractors 10
(b) clarifier with coagulation 12
(c) fuel burner (recarbonation) 5
(14) Phosphate (sequestering agent) 5
(15) Stabilization
(a) acid feed 10
(b) phosphate 2
(c) caustic (NaOH) 10
(d) lime or soda ash 3
(e) contact units 5
(16) Reverse Osmosis, Electrodialysis 15
(17) Disinfection
(a) gas C12 10
(b) hypochlorite solution 7
(c) C1202(sodium chlorite and C12) 13
(d) ozone 13
(e) ammonia and C12 12
(f) ultraviolet light (uv) 5
(18) Fluoridation
(a) saturator 8
(b) dry feed 8
(c) solution (acid) 10
(19) Pumping
(a) raw 3
(b) intermediate 1
(c) finished 3
(d) system booster 2
(20) Storage
(a) raw 1
(b) treated ground level tank 1
(c) elevated in system (each extra tank 1 point) 2
(d) hydropneumatic 2
(21) Population Served 1 point per 1,000 persons served 50 max
(22) Plant Capacity 1 point per 1 MGD capacity 25 max
(23) On-Site Quality Control
(a) bacteriological
(i) MPN/MF 5
(ii) HPC 2
(iii) MMO-MUG (Colilert) 2
(b) pH
(i) meter 2
(ii) test kit 1
(c) fluoride
(i) meter 3
(ii) colorimetric 3
(d) chlorine
(i) titrator 3
(ii) colorimeter/spec. 2
(iii) test kit 1
(e) iron 1
(f) hardness 1
(g) alkalinity 1
(h) turbidity 1
(i) manganese 1
(j) others (1 point each) 1
(k) A.A. Spec, or G.C. Unit 5 each
History Note: Authority G.S. 90A-21(c); 90A-22;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. August 1, 2000; August 3, 1992; January 1, 1992; September 1, 1990;
Readopted Eff. September 1, 2018.
15A NCAC 18D .0204 PUMPAGE CHART
History Note: Authority G.S. 90A-21(c), -22;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. June 30, 1980;
Repealed Eff. September 1, 1990.
15A NCAC 18D .0205 Public Water System TREATMENT, DISTRIBUTION, AND CROSS-CONNECTION CONTROL CLASSIFICATIONS
(a) Public water system treatment facilities, except for Class D-Well systems, shall be classified based on the sources of water and the number of points assigned to the facilities pursuant to Rule .0203 of this Section, as follows:
Class C 1-50 points
Class B 51-110 points
Class A over 110 points
Non-community public water systems with hypochlorite solution as the only treatment applied to the water shall be classified as Class D-Well.
(b) The classification of distribution systems shall apply to all community and non-transient non-community public water systems. The distribution system class level shall be the greater of the treatment plant class level from Paragraph (a) of this Rule or the following class level based on the number of service connections and existence of a fire protection system:
(1) Class D-DISTRIBUTION is any system with 100 or fewer service connections with no fire protection system;
(2) Class C-DISTRIBUTION is any system with more than 100 service connections but not exceeding 1,000 service connections with no fire protection system;
(3) Class B-DISTRIBUTION is any system with more than 1,000 service connections but not exceeding 3,300 service connections or any system not exceeding 1,000 service connections with a fire protection system; and
(4) Class A-DISTRIBUTION is any system with more than 3,300 service connections.
(c) The classification CROSS-CONNECTION CONTROL shall be applied to any distribution system that is required to have installed five or more testable backflow prevention assemblies in accordance with 15A NCAC 18C .0406(b), which is hereby incorporated by reference, including subsequent amendments and editions.
History Note: Authority G.S. 90A-21(c); 90A-22;
Eff. February 1, 1976;
Amended Eff. September 1, 1977;
Readopted Eff. March 1, 1979;
Amended Eff. November 1, 2006; August 1, 2002; August 1, 2000; August 3, 1992; September 1, 1990; December 31, 1980; January 1, 1980;
Readopted Eff. September 1, 2018.
15A NCAC 18d .0206 CERTIFIED OPERATOR REQUIRED
(a) All public water systems shall have a certified operator in responsible charge for each water treatment facility that:
(1) alters the physical, chemical, or microbiological characteristics of the water;
(2) has approved plans for such alterations; or
(3) has equipment installed for such alterations.
The owner shall notify the Board in writing within 10 days of a vacancy that results in noncompliance with this Rule.
(b) There shall be an operator holding at least a Grade C-Surface certification assigned to be on duty on the premises when a surface water treatment facility is treating water. Implementation of this requirement shall be subject to the following provisions:
(1) upon vacancy of a position resulting in noncompliance with this requirement, the owner shall notify the Board within 24 hours or at the start of the next business day of the vacancy; and
(2) upon the vacancy, the owner shall fill the position with a certified Grade C-Surface operator or an operator with a temporary Grade C-Surface certification within 90 days.
(c) There shall be an operator in responsible charge for the distribution portion of community and non-transient non-community public water systems. This operator shall possess a valid distribution certificate issued by the Board with the grade equivalent to or exceeding the water system's distribution classification. A system serving 100 or fewer service connections shall be exempt from this requirement if it has an operator in responsible charge as required in Paragraph (a) of this Rule. A system that is classified as D-distribution only may use a Board-certified distribution, well, or surface operator to meet the operator in responsible charge requirements of this Rule
(d) There shall be an operator in responsible charge for the cross-connection control facilities of any public water system required by 15A NCAC 18C .0406(b) to have five or more testable backflow prevention assemblies. The operator shall possess a valid Cross-Connection Control certificate issued by the Board.
(e) All operators of community and non-transient non-community public water systems shall follow the standard operating procedures established by the operator in responsible charge. Decisions about water quality or quantity that affect public health that have not been addressed in the standard operating procedures shall be referred to the operator in responsible charge or to the certified operator on duty.
(f) No operator in responsible charge shall be required for transient non-community public water systems with either or both ultraviolet light (uv) disinfection or softening (if not required by 15A NCAC 18C) as the only treatment applied to water.
History Note: Authority G.S. 90A-20; 90A-28; 90A-29; 90A-32;
Eff. July 1, 1991;
Amended Eff. November 1, 2006; August 1, 2004; August 1, 2002; August 1, 2000; May 1, 1994; May 3, 1993;
Readopted Eff. December 1, 2018.
SECTION .0300 - APPLICATIONS AND FEES
RULES .0301 - .0304 OF TITLE 15A SUBCHAPTER 18D OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18D .0301 - .0304); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .0301 - .0304 TITLE 10 SUBCHAPTER 10E OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10E .0301 - .0304). RULES .0305 - .0306 OF TITLE 15A SUBCHAPTER 18D OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18D .0305 - .0306); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .0306 - .0307 TITLE 10 SUBCHAPTER 10E OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10E .0306 - .0307), EFFECTIVE APRIL 4, 1990.
15a ncac 18d .0301 APPLICATION FOR EXAM
(a) All applicants for exams shall file an application on a form available from: Chairman, North Carolina Water Treatment Facility Operators Certification Board, 1635 Mail Service Center, Raleigh, North Carolina 27699-1635.
(b) Applications for certification must be submitted to the Board at least 30 days prior to the date of the examination.
(c) The applicant shall certify that the information given is correct to the best of his/her knowledge. In addition, the applicant's supervisor shall certify that he/she has reviewed the application and recommends that the applicant be considered for certification by the Board.
(d) Applicants shall take the examination at the place and date specified by the Board.
History Note: Authority G.S. 90A-21(c); 90A-24;
Eff. February 1, 1976;
Amended Eff. September 1, 1977;
Readopted Eff. March 1, 1979;
Amended Eff. May 1, 2006; August 1, 2004; February 1, 2002; August 3, 1992; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.
15a ncac 18d .0302 APPLICATION FOR RECIPROCITY
History Note: Authority G.S. 90A-21(c); 90A-24;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. August 1, 2004; February 1, 2002; September 1, 1990;
Repealed Eff. May 1, 2006.
15a ncac 18d .0303 APPLICATION FOR TEMPORARY CERTIFICATE
All applicants for a temporary certificate shall file an application on a form available from:. Chairman, North Carolina Water Treatment Facility Operators Certification Board, 1635 Mail Service Center, Raleigh, North Carolina 27699-1635.
History Note: Authority G.S. 90A-21(c); 90A-24;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. August 1, 2004; February 1, 2002; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.
15A NCAC 18D .0304 FEE SCHEDULE
(a) The cost of examination and certification shall be fifty dollars ($50.00). The cost of upgrading an apprentice to Grade C, D, or CC certification shall be fifty dollars ($50.00).
(b) The cost of a temporary certificate shall be fifty dollars ($50.00).
(c) The examination and certification fee must be paid to the Board when the application is submitted.
(d) The cost of the annual certification renewal shall be thirty dollars ($30.00). Renewal fees shall be due December 31 of each calendar year and shall be delinquent on the first day of February. Delinquent certifications shall be charged an additional fee of thirty dollars ($30.00).
(e) The operator shall notify the Board, in writing, within 30 days of any change in his or her address.
History Note: Authority G.S. 90A-27;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. March 1, 1979;
Amended Eff. February 1, 2012; September 22, 2004; August 1, 2000; August 3, 1992; December
1, 1990; December 1, 1989; June 30, 1981;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.
15A NCAC 18D .0305 WAITING PERIOD
History Note: Authority G.S. 90A-24;
Eff. February 1, 1976;
Amended Eff. July 1, 1977;
Readopted Eff. March 1, 1979;
Repealed Eff. August 1, 2000.
15A NCAC 18D .0306 REVOCATION OF CERTIFICATE
History Note: Authority G.S. 90A-26;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Repealed Eff. September 1, 1990.
15a ncac 18d .0307 Expiration and Revocation of Certificate
(a) If an operator fails to pay the renewal fee or meet the continuing education requirements of Rule .0308(a) of this Section, the operator's certificate shall expire.
(b) If an operator in responsible charge fails to meet the requirements of 15A NCAC 18D .0701, his or her operator's certificate may be revoked pursuant to G.S. 90A-26.
(c) An individual who has had certification revoked by the Board may petition the Board for any certification sought if:
(1) two years have elapsed since the effective date of the revocation; and
(2) the individual has completed a school approved by the Board and passed an exam corresponding to the certification being sought.
History Note: Authority G.S. 90A-25.1; 90A-26;
Eff. August 3, 1992;
Amended Eff. November 1, 2008; August 1, 2004; August 1, 2002; August 1, 2000; August 1, 1998;
Readopted Eff. September 1, 2018.
15A NCAC 18D .0308 PROFESSIONAL GROWTH HOURS
(a) All certified operators shall complete six professional growth hours of Board-approved training each year following the year of initial certification. Board-approved training shall contain subject matter relevant to water treatment facility operators and includes the following categories: rules and regulations, equipment, operation and maintenance, record keeping, new treatment technologies, water treatment processes, courses taught as part of certification school curriculum, and management of water treatment facilities. Submitting proof of professional growth hours shall be the responsibility of the operator. Failure to complete the six professional growth hours shall result in expiration of the operator's certificates.
(b) Training providers shall seek Board approval prior to offering events that provide professional growth hours. Training providers shall submit an attendance roster to the Board within ten business days after completion of the training event. The roster shall contain each attendee's full name and certification ID number. The organization providing the training shall give each participant a certificate or other proof of completion that includes the name of the provider, the provider's address, and contact person with telephone number. The proof of completion shall identify the name of the participant, the number of professional growth hours completed, the course name, the course number assigned by the Board, the instructor's name, and the date of the training. For in-house training, an instructor from outside of the organization shall provide the training.
(c) The Board shall mail renewal notices to operators prior to the renewal date and shall state whether the Board has a record of their professional growth hours for the preceding year. If the Board does not have a record of professional growth for an operator, the operator shall provide proof of the required six professional growth hours of training prior to renewal of any certification issued by the Board. Failure to receive a renewal notice shall not relieve a certified operator of the responsibility to renew the certificate by the renewal due date.
History Note: Authority G.S. 90A-25.1; 90A-26;
Eff. August 1, 1998;
Amended Eff. December 1, 2008; August 1, 2004; August 1, 2000;
Readopted Eff. September 1, 2018.
15A NCAC 18D .0309 CERTIFICATION REINSTATEMENT
(a) An operator whose certification has expired may seek reinstatement within two years of expiration by paying any renewal fees in arrears, including late fees, and either providing proof of six contact hours of professional growth training for each calendar year as required in Rule .0308 of this Section or passing another examination of that grade.
(b) An operator whose certificate has been expired for less than two years must pay any renewal fees in arrears and late fees before seeking an upgrade from the certificate type that has expired.
(c) Any person whose certification has been expired for more than two years may apply to the Board for reinstatement of the certificate type that was expired.
History Note: Authority G.S. 90A-25.1; 90A-26;
Eff. August 1, 1998;
Amended Eff. May 1, 2006; August 1, 2004; August 1, 2000;
Readopted Eff. September 1, 2018.
SECTION .0400 - ISSUANCE OF CERTIFICATE
RULES .0401 - .0405 OF TITLE 15A SUBCHAPTER 18D OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18D .0401 - .0405); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .0401 - .0405 TITLE 10 SUBCHAPTER 10E OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10E .0401 - .0405), EFFECTIVE APRIL 4, 1990.
15A NCAC 18D .0401 NOTIFICATION OF CLASSIFICATION
Each town, city or private water utility having a water treatment facility shall be notified of the classification of the treatment facility as determined by the Board in cooperation with the Secretary. This classification shall determine the grade of certificate required by the operator in responsible charge of the water treatment facility.
History Note: Authority G.S. 90A-21(c); 90A-22; 90A-25;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.
15A NCAC 18D .0402 INFORMATION NEEDED BY BOARD
History Note: Authority G.S. 90A-21(c); 90A-22;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Repealed Eff. September 1, 1990.
15A NCAC 18D .0403 ISSUANCE OF GRADE CERTIFICATE
History Note: Authority G.S. 90A-21(c); 90A-23; 90A-25;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. August 1, 2004; August 1, 2000; August 3, 1992; January 1, 1992; March 1, 1991; September 1, 1990;
Expired Eff. August 1, 2015 pursuant to G.S. 150B-21.3A.
15A NCAC 18D .0404 TEMPORARY CERTIFICATE
(a) A temporary certificate may be issued by the Board when it is found that the supply of certified operators, or persons with training necessary to obtain certification, is inadequate. It shall be demonstrated to the Board that the person applying for the temporary certificate is competent and able to fulfill the appropriate duties according to the requirements of 15A NCAC 18C.
(b) Application for such temporary certificate shall be made on a form approved by the Board and must supply the information needed by the Board in order to protect the public health while such temporary certificates are in force.
(c) A temporary certificate is applicable only for the system for which the operator is employed at time of issuance.
History Note: Authority G.S. 90A-21(c); 90A-23; 90A-25;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. January 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.
15A NCAC 18D .0405 RECIPROCAL CERTIFICATES
History Note: Authority G.S. 90A-21(c); 90A-25(b);
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. August 1, 1998; September 1, 1990;
Repealed Eff. May 1, 2006.
SECTION .0500 - RULE MAKING PROCEDURES
RULES .0501 - .0508 OF TITLE 15A SUBCHAPTER 18D OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18D .0501 - .0508); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .0501 - .0508 TITLE 10 SUBCHAPTER 10E OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10E .0501 - .0508), EFFECTIVE APRIL 4, 1990.
15a ncac 18d .0501 PETITIONS
(a) Any person wishing to request the adoption, amendment, or repeal of a rule of the Water Treatment Facility Operators Board of Certification (hereinafter referred to as the Board) shall make his request in a petition addressed to: Chairman, North Carolina Water Treatment Facility Operators Certification Board, 1635 Mail Service Center, Raleigh, North Carolina 27699-1635.
(b) The petition shall contain the following information:
(1) either a draft of the proposed rule or a summary of its contents;
(2) the statutory authority for the agency to promulgate the rule;
(3) the reasons for the proposal;
(4) the effect of proposed rules on existing rules or orders;
(5) any data supporting the proposal;
(6) the effect of the proposed rule on existing practices in the area involved, including cost factors;
(7) the names and addresses, if known, of those most likely to be affected by the proposed rule; and
(8) the name and address of the petitioner.
(c) The Board shall determine, based on a study of the facts stated in the petition, whether the public interest will be served by granting the petition. The Board shall consider all the contents of the submitted petition, plus any additional information it deems relevant.
History Note: Authority G.S. 150B-20; 90A-21(c);
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. February 1, 2002; September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.
15A NCAC 18D .0502 NOTICE
15A NCAC 18D .0503 HEARING OFFICER
15A NCAC 18D .0504 HEARINGS
15A NCAC 18D .0505 STATEMENT OF REASONS FOR AND AGAINST RULE MAKING DECISION
15A NCAC 18D .0506 RECORD OF RULE MAKING PROCEEDINGS
15A NCAC 18D .0507 FEES
History Note: Authority G.S. 90A-21(c); 150A-11; 150A-12;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Repealed Eff. September 1, 1990.
15a ncac 18d .0508 DECLARATORY RULINGS
(a) The Board shall have the power to make declaratory rulings. All requests for declaratory rulings shall be by written petition and shall be submitted to: Chairman, North Carolina Water Treatment Facility Operators Certification Board, 1635 Mail Service Center, Raleigh, North Carolina 27699-1635.
(b) Every request for a declaratory ruling must include the following information:
(1) the name and address of the petitioner;
(2) the statute or rule to which the petition relates;
(3) a concise statement of the manner in which the petitioner is aggrieved by the rule or statute or its potential application to him; and
(4) the consequences of a failure to issue a declaratory ruling.
(c) The Board shall notify in writing the petitioner of the Chairman's decision to refuse issue a declaratory ruling and state the reasons. The Chairman may refuse to consider a request for a declaratory ruling:
(1) unless the petitioner shows that the circumstances are so changed since adoption of the rule that such a ruling would be warranted;
(2) unless the rule making record evidences a failure by the agency to consider specified relevant factors;
(3) if there has been a similar controlling factual determination in a contested case, or if the factual context being raised for a declaratory ruling was specifically considered upon adoption of the rule being questioned as evidenced by the rule making record; or
(4) if circumstances stated in the request or otherwise known to the agency show that a contested case hearing would presently be appropriate.
(d) Where a declaratory ruling is deemed appropriate, the Board shall issue the ruling within 60 days of the receipt of the petition.
(e) A declaratory ruling procedure may consist of written submissions, oral hearings, or such other procedures as may be deemed appropriate, in the discretion of the chairman, in the particular case.
(f) The chairman may issue notice to persons who might be affected by the ruling that written comments may be submitted or oral presentations received at a scheduled hearing.
History Note: Authority G.S. 150B-4;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. February 1, 2002; September 1, 1990; January 1, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.
SECTION .0600 - CONTESTED CASES
RULES .0601 - .0624 OF TITLE 15A SUBCHAPTER 18D OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T15A.18D .0601 - .0624); HAS BEEN TRANSFERRED AND RECODIFIED FROM RULES .0601 - .0624 TITLE 10 SUBCHAPTER 10E OF THE NORTH CAROLINA ADMINISTRATIVE CODE (T10.10E .0601 - .0624), EFFECTIVE APRIL 4, 1990.
15A NCAC 18D .0601 OPPORTUNITY FOR LICENSEE OR APPLICANT TO HAVE HEARING
All contested cases shall be conducted in accordance with Article 3A of Chapter 150B of the General Statutes.
History Note: Authority G.S. 90A-26; 150B-38;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.
15A NCAC 18D .0602 NOTICE TO APPLICANT OF BOARD ACTION
15A NCAC 18D .0603 NOTICE TO LICENSEE OF BOARD ACTION
15A NCAC 18D .0604 REQUEST FOR HEARING
15A NCAC 18D .0605 FAILURE TO MAKE REQUEST
15A NCAC 18D .0606 NOTICE OF HEARING
15A NCAC 18D .0607 WAIVER OF HEARING
15A NCAC 18D .0608 INTERVENTION
15A NCAC 18D .0609 HEARING OFFICER
15A NCAC 18D .0610 WRITTEN ANSWER
15A NCAC 18D .0611 VENUE
15A NCAC 18D .0612 AVAILABILITY OF BOARD RECORDS
15A NCAC 18D .0613 DEPOSITIONS AND DISCOVERY
15A NCAC 18D .0614 PRE-HEARING CONFERENCE
15A NCAC 18D .0615 SUBPOENAS
15A NCAC 18D .0616 CONSOLIDATION
15A NCAC 18D .0617 STIPULATIONS
15A NCAC 18D .0618 DISQUALIFICATION OF HEARING OFFICER
15A NCAC 18D .0619 FAILURE OF PARTY TO ATTEND HEARING
15A NCAC 18D .0620 OATH
15A NCAC 18D .0621 CONDUCT OF HEARING
15A NCAC 18D .0622 PROPOSAL FOR DECISION
15A NCAC 18D .0623 RECORD
15A NCAC 18D .0624 TRANSCRIPT
History Note: Authority G.S. 90A-26; 150A-3; 150A-23 through 150A-37;
Eff. February 1, 1976;
Readopted Eff. March 1, 1979;
Repealed Eff. September 1, 1990.
SECTION .0700 - OPERATIONS AND MANAGEMENT
15A NCAC 18D .0701 OPERATOR IN RESPONSIBLE CHARGE
(a) The owner shall ensure that the public water system facilities are managed by an operator in responsible charge who possesses a certificate equivalent to or exceeding the requirements in this Subchapter.
(b) The operator in responsible charge shall manage the daily operation and maintenance of the facility. No person shall be in responsible charge of more than any one of the following without written permission from the Board:
(1) one surface water treatment facility;
(2) five community public water systems with well water facilities;
(3) ten non-community public water systems with well water facilities;
(4) one distribution system serving over 3,300 service connections;
(5) five distribution systems serving over 500 service connections and less than 3,300 service connections;
(6) ten total distribution systems;
(7) ten total cross-connection control systems; or
(8) any facility located more than a 50-mile radius from where the operator resides.
No person shall be in responsible charge of any combination of a surface water treatment facility, a community public water system with well water facilities, a non-community public water system with well water facilities, a distribution system, and a cross-connection control facility without written permission from the Board.
(c) A request for permission from the Board shall include documentation demonstrating that the facilities in question will be managed in compliance with the requirements of 15A NCAC 18C, which is hereby incorporated by reference, including subsequent amendments and editions.
(d) The operator in responsible charge shall report, with annual certification renewal, the names and public water system identification numbers for all systems for which the operator is the operator in responsible charge.
(e) If an operator in responsible charge takes responsibility for an additional system or relinquishes responsibility for any system, the operator shall notify the Board in writing within 10 days of the change.
(f) The operator in responsible charge shall establish standard operating procedures for each facility for which he or she is responsible. These procedures shall ensure that his or her decisions about water quality or quantity that affect public health are carried out. The procedures shall instruct persons lacking proper certification to refer all the decisions affecting public health to the certified operator on duty or to the operator in responsible charge.
(g) The operator in responsible charge shall be available for consultation on the premises of the facility in case of an emergency, equipment malfunction, or breakdown of equipment. The operator in responsible charge may designate a temporary operator in responsible charge during times when it is impossible for the operator in responsible charge to be on the premises. The temporary operator in responsible charge shall be familiar with the water system and have access to the standard operating procedures developed under Paragraph (f) of this Rule. The temporary operator in responsible charge shall possess a certification equivalent to or exceeding that required by the water system treatment classification. The operator in responsible charge shall notify the Board of any temporary operator in responsible charge designation lasting longer than 14 days.
History Note: Authority G.S. 90A-21(c); 90A-31;
Eff. August 1, 1998;
Amended Eff. May 1, 2006; August 1, 2002; August 1, 2000;
Readopted Eff. September 1, 2018.
SUBCHAPTER 18E – WASTEWATER TREATMENT AND DISPERSAL SYSTEMS
SECTION .0100 – GENERAL
15A NCAC 18E .0101 SCOPE
The rules contained in this Subchapter shall govern wastewater treatment and dispersal from wastewater systems, as defined in G.S. 130A-334(15), serving single or multiple-family residences, places of business, or places of public assembly. The wastewater system shall be designed to prevent the discharge of effluent to the land surface, surface waters, or into groundwater, except as allowed when used in conjunction with an RCW system as set forth in Rule .1002 of this Subchapter.
History Note: Authority G.S. 130A-333; 130A-334(15); 130A-335(a), (b), and (e);
Eff. January 1, 2024.
15A NCAC 18E .0102 APPLICABILITY
(a) The rules of this Subchapter shall not apply to wastewater systems in use which are not malfunctioning as described in Rule .1303(a)(2) of this Subchapter, unless the DDF or wastewater strength increases or unless otherwise specified in this Subchapter. Wastewater systems that are malfunctioning in accordance with Rule .1303(a)(2) of this Subchapter shall adhere to the rules of this Subchapter.
(b) The rules of this Subchapter shall not apply to IPs and CAs issued prior to the effective date of this Rule.
(c) Prior to any increase in DDF or wastewater strength for an existing facility, the owner shall submit an application in accordance with Rule .0202 of this Subchapter.
(d) Notwithstanding Paragraph (a) of this Rule, all wastewater systems shall comply with Section .1300 of this Subchapter.
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
15A NCAC 18E .0103 INCORPORATION BY REFERENCE
For this Subchapter, the following rules, standards, and other materials are hereby incorporated by reference, including any subsequent amendments and editions. Table I lists the agency, document title, contact information, and terms for access to referenced documents.
Table I: Rules, standards, and other materials incorporated by reference
|USDA-NRCS |
|Soil Survey Laboratory Information Manual, Soil Survey|Available at no charge at: |
|Investigations Report No. 45 | |
|Kellogg Soil Survey Laboratory Methods Manual, Soil |Available at no charge at: |
|Survey Investigation Report No. 42 | |
|Field Book for Describing and Sampling Soils |Available at no charge at: |
| | or |
| |U. S. Government Publishing Office, P. O. Box 979050, St. Louis, MO, 63197-9000 |
|Guide to Soil Texture by Feel, Journal of Agronomic |Available at no charge at: |
|Education | |
|National Engineering Handbook, Part 624 (Drainage), |Available at no charge at: |
|Chapter 10 (Water Table Control); Part 630 | |
|(Hydrology), Chapter 18; Part 650 (Engineering Field | |
|Handbook), Chapter 14 (Water Management, Drainage) | |
|National Electrical Manufacturers Association |
|1300 North 17th Street, Suite 900, Arlington, VA 22209 |
| |
|Standard 250 – Enclosures for Electrical Equipment |One hundred twenty four dollars ($124.00) |
|U. S. Environmental Protection Agency (EPA) |
|U. S. EPA/NSCEP |
|P. O. Box 42419, Cincinnati, OH 45242-0419 |
|Method 9080 – Cation Exchange Capacity of Soils |Available at no charge at: |
| |
| |monium-acetate |
|ASTM International |
|100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19438-2959 |
| |
|C564 – Standard Specifications for Rubber Gaskets for |Forty six dollars ($46.00) each plus seven dollars and forty four cents ($7.44) |
|Cast Iron Soil Pipe and Fittings |shipping and handling |
|C890 – Standard Practice for Minimum Structural Design|Fifty two dollars ($52.00) each plus fourteen dollars and seventy one cents ($14.71) |
|Loading for Monolithic or Sectional Precast Concrete |shipping and handling |
|Water and Wastewater Structures | |
|C923 – Standard Specifications for Resilient |Forty six dollars ($46.00) each plus seven dollars and forty four cents ($7.44) |
|Connectors Between Reinforced Concrete Manhole |shipping and handling |
|Structures, Pipes, and Laterals | |
|C990 – Standard Specifications for Joints for Concrete|Forty six dollars ($46.00) each plus seven dollars and forty four cents ($7.44) |
|Pipe, Manholes, and Precast Box Sections Using |shipping and handling |
|Preformed Flexible Joint Sealants | |
|C1644 – Standard Specification for Resilient |Fifty two dollars ($52.00) each plus fourteen dollars and seventy one cents ($14.71) |
|Connectors Between Reinforced Concrete On-Site |shipping and handling |
|Wastewater Tanks and Pipes | |
|D448 – Standard Classification for Sizes of Aggregate |Forty six dollars ($46.00) each plus seven dollars and forty four cents ($7.44) |
|for Road and Bridge Construction |shipping and handling |
|D1784 – Standard Specification for Rigid Poly (Vinyl |Forty six dollars ($46.00) each plus seven dollars and forty four cents ($7.44) |
|Chloride)(PVC) Compounds and Chlorinated Poly (Vinyl |shipping and handling |
|Chloride)(CPVC) Compounds | |
|D1785 – Standard Specifications for Poly (Vinyl |Fifty eight dollars ($58.00) plus fourteen dollars and seventy one cents ($14.71) |
|Chloride)(PVC) Plastic Pipe, Schedules 40, 80, and 120|shipping and handling |
|D2241 – Standard Specification for Poly (Vinyl |Fifty two dollars ($52.00) each plus fourteen dollars and seventy one cents ($14.71) |
|Chloride)(PVC) Pressure-Rated Pipe (SDR Series) |shipping and handling |
|D2466 – Standard Specification for Poly (Vinyl |Fifty two dollars ($52.00) each plus fourteen dollars and seventy one cents ($14.71) |
|Chloride)(PVC) Plastic Pipe Fittings, Schedule 40 |shipping and handling |
|D2564 – Standard Specification for Solvent Cements for|Fifty two dollars ($52.00) each plus fourteen dollars and seventy one cents ($14.71) |
|Poly (Vinyl Chloride)(PVC) Plastic Piping Systems |shipping and handling |
|D2729 – Standard Specification for Poly (Vinyl |Fifty two dollars ($52.00) each plus fourteen dollars and seventy one cents ($14.71) |
|Chloride)(PVC) Sewer Pipe and Fittings |shipping and handling |
|D2774 – Standard Practice for Underground Installation|Fifty two dollars ($52.00) each plus fourteen dollars and seventy one cents ($14.71) |
|of Thermoplastic Pressure Piping |shipping and handling |
|D3034 – Standard Specification for Type PSM Poly |Fifty eight dollars ($58.00) plus fourteen dollars and seventy one cents ($14.71) |
|(Vinyl Chloride)(PVC) Sewer Pipe and Fittings |shipping and handling |
|D6913 – Standard Test Methods for Particle-Size |Seventy five dollars ($75.00) each plus fourteen dollars and seventy one cents |
|Distribution (Gradation) of Soils Using Sieve Analysis|($14.71) shipping and handling |
|D7928 – Standard Test Method for Particle-Size |Seventy five dollars ($75.00) each plus fourteen dollars and seventy one cents |
|Distribution (Gradation) of Fine-Grained Soils Using |($14.71) shipping and handling |
|the Sedimentation (Hydrometer) Analysis | |
|F667 – Standard Specification for 3 through 24 in. |Fifty two dollars ($52.00) each plus fourteen dollars and seventy one cents ($14.71) |
|Corrugated Polyethylene Pipe and Fittings |shipping and handling |
|F810 – Standard Specification for Smoothwall |Forty six dollars ($46.00) each plus seven dollars and forty four cents ($7.44) |
|Polyethylene (PE) Pipe for Use in Drainage and Waste |shipping and handling |
|Disposal Absorption Fields | |
|North Carolina Administrative Code |
|15A NCAC 01O – Environmental Health |Available at no charge at: |
| |
| |2001%20-%20departmental%20rules/subchapter%20o/subchapter%20o%20rules.html |
|15A NCAC 02B – Surface Water and Wetland Standards |Available at no charge at: |
| |
| |2002%20-%20environmental%20management/subchapter%20b/subchapter%20b%20rules.pdf |
|15A NCAC 02C – Well Construction Standards |Available at no charge at: |
| |
| |2002%20-%20environmental%20management/subchapter%20c/subchapter%20c%20rules.pdf |
|15A NCAC 02H – Procedures for Permits: Approvals |Available at no charge at: |
| |
| |2002%20-%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.0101.pdf |
|15A NCAC 02L – Groundwater Classification and |Available at no charge at: |
|Standards |
| |2002%20-%20environmental%20management/subchapter%20l/subchapter%20l%20rules.pdf |
|15A NCAC 02T – Waste Not Discharged to Surface Waters |Available at no charge at: |
| |
| |2002%20-%20environmental%20management/subchapter%20t/subchapter%20t%20rules.pdf |
|15A NCAC 02U – Reclaimed Water |Available at no charge at: |
| |
| |2002%20-%20environmental%20management/subchapter%20u/subchapter%20u%20rules.pdf |
|15A NCAC 08G – Authority: Organization: Structure: |Available at no charge at: |
|Definitions |
| |2008%20-%20water%20pollution%20control%20system%20operators%20certification%20commissi|
| |on/subchapter%20g/subchapter%20g%20rules.pdf |
|15A NCAC 13B – Solid Waste Management |Available at no charge at: |
| |
| |2013%20-%20solid%20waste%20management/subchapter%20b/subchapter%20b%20rules.pdf |
|15A NCAC 18A – Sanitation |Available at no charge at: |
| |
| |2018%20-%20environmental%20health/subchapter%20a/subchapter%20a%20rules.pdf |
|15A NCAC 18C – Water Supplies |Available at no charge at: |
| |
| |2018%20-%20environmental%20health/subchapter%20c/subchapter%20c%20rules.pdf |
|21 NCAC 39 – On-Site Wastewater Contractors and |Available at no charge at: |
|Inspectors Certification |\Title%2021%20-%20Occupational%20Li|
| |censing%20Boards%20and%20Commissions\Chapter%2039%20-%20On-Site%20Wastewater%20Contrac|
| |tors%20and%20Inspectors%20Certification |
|NSF International |
|PO Box 130140, Ann Arbor, MI 48105 |
| |
|NSF/ANSI Standard 40 – Residential Wastewater Systems |One hundred five dollars ($105.00) each plus shipping and handling |
|NSF/ANSI Standard 41 – Non-Liquid Saturated Treatment |One hundred five dollars ($105.00) each plus shipping and handling |
|Systems | |
|NSF/ANSI Standard 46 – Evaluation of Components and |One hundred five dollars ($105.00) each plus shipping and handling |
|Devices Used in Wastewater Treatment Systems | |
|NSF/ANSI Standard 245 – Wastewater Treatment Systems –|One hundred five dollars ($105.00) each plus shipping and handling |
|Nitrogen Reduction | |
|NSF/ANSI Standard 350 – Onsite Residential and |One hundred five dollars ($105.00) each plus shipping and handling |
|Commercial Water Reuse Treatment | |
|IAPMO |
|4755 E Philadelphia St, Ontario, CA 91761 |
| |
|IAPMO/ANSI Z1000 – Prefabricated Septic Tanks |One hundred dollars ($100.00) each |
|CSA |
|178 Rexdale Blvd, Toronto, ON Canada M9W 1R3 |
| |
|B66 – Design, material, and manufacturing requirements|One hundred eighty dollars ($180.00) each plus eighteen dollars ($18.00) shipping and |
|for prefabricated septic tanks and sewage holding |handling |
|tanks | |
| 2012 North Carolina Plumbing Code |
| |Available at no charge at: |
| | |
|2015 North Carolina Building Code |
| |Available at no charge at: |
| | |
|North Carolina Food Code Manual |
| |Available at no charge at: |
| | |
|U.S. Government Publishing Office |
|732 North Capitol St, NW, Washington, DC 20401-0001 |
| |
|40 CFR 136 |Sixty seven dollars ($67.00) each |
|Forestry Suppliers, Inc |
|PO Box 8397 |
|Jackson, MS 39284-8397 |
| |
|Munsell® Soil Color Book |One hundred ninety five dollars ($195.00) each plus shipping and handling |
|National Technical Information Service |
|5301 Shawnee Rd |
|Alexandria, VA 22312 |
| |
|DRAINMOD User's Guide |Available at no charge at: |
| | |
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
15A NCAC 18E .0104 ABBREVIATIONS
For the purpose of this Subchapter, the following abbreviations refer to:
(1) ABS: Acrylonitrile-Butadiene-Styrene;
(2) ACEC: Apparent Cation Exchange Capacity;
(3) ANSI: American National Standards Institute;
(4) AOWE: Authorized On-Site Wastewater Evaluator;
(5) ASTM: American Society for Testing and Materials;
(6) ATO: Authorization to Operate;
(7) BOD5: Five Day Biochemical Oxygen Demand;
(8) CA: Construction Authorization;
(9) CBOD: Carbonaceous Biochemical Oxygen Demand;
(10) cmol/kg: centimoles per kilogram;
(11) CFR: Code of Federal Regulations;
(12) CSA: Canadian Standards Association;
(13) DDF: Design Daily Flow;
(14) DEQ: Department of Environmental Quality;
(15) DIP: Ductile Iron Pipe;
(16) DO: Dissolved Oxygen;
(17) DOT: Department of Transportation;
(18) DSE: Domestic Strength Effluent;
(19) EOP: Engineered Option Permit;
(20) FE: Iron;
(21) FOG: Fats, Oil, and Grease;
(22) gal: gallons
(23) gpd: Gallons per Day;
(24) gpd/ft2: Gallons per Day per Square Foot;
(25) HSE: High Strength Effluent;
(26) IAPMO: International Association of Plumbing and Mechanical Officials;
(27) IP: Improvement Permit;
(28) IPWW: Industrial Process Wastewater;
(29) LC: Limiting Condition;
(30) LDP: Large Diameter Pipe;
(31) LG: Licensed Geologist;
(32) LHD: Local Health Department;
(33) LPP: Low Pressure Pipe;
(34) LSS: Licensed Soil Scientist;
(35) LTAR: Long Term Acceptance Rate;
(36) meq/100 g: Milliequivalents per 100 grams;
(37) mg/L: Milligrams/Liter;
(38) NEMA: National Electrical Manufacturers Association;
(39) NH3: Total Ammonia Nitrogen;
(40) NOI: Notice of Intent to Construct;
(41) NOV: Notice of Violation;
(42) NSF: NSF International;
(43) OP: Operation Permit;
(44) PE: Professional Engineer;
(45) PIA: Provisional, Innovative, and Accepted;
(46) PPBPS: Prefabricated Permeable Block Panel System;
(47) psi: Pounds per Square Inch;
(48) PVC: Polyvinyl Chloride;
(49) RCW: Reclaimed Water;
(50) RV: Recreational Vehicle;
(51) RWTS: Residential Wastewater Treatment System;
(52) SCO: State Climate Office of North Carolina;
(53) SDR: Standard Dimension Ratio;
(54) SPI: Standard Precipitation Index;
(55) STEP: Septic Tank Effluent Pump;
(56) SWC: Soil Wetness Condition;
(57) TKN: Total Kjeldahl Nitrogen;
(58) TL: Trench Length;
(59) TN: Total Nitrogen;
(60) TSS: Total Suspended Solids;
(61) TW: Trench Width;
(62) USDA-NRCS: United States Department of Agriculture – Natural Resources Conservation Service;
(63) VIP: Visual Inspection Protocol; and
(64) WS: Water Supply Class.
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
15A NCAC 18E .0105 DEFINITIONS
In addition to the definitions set forth in G.S. 130A-334, the following shall apply to the rules in this Subchapter:
(1) "Aggregate" means naturally occurring inorganic material of a specific size or grade. An example of aggregate is clean, washed gravel, or crushed stone that is graded or sized in accordance with size numbers 4, 5, or 6 of ASTM D448.
(2) "Apparent Cation Exchange Capacity" means the sum of exchangeable bases plus total soil acidity at a pH of 7.0. ACEC is expressed in milliequivalents per 100 grams (meq/100g) of soil or centimoles per kilogram (cmol/kg) of soil. The soil ACEC is calculated by determining the ACEC using the neutral normal ammonium acetate method, pH of 7.0 neutral normal, dividing by the percent clay as determined by particle size distribution using the pipette method, and then multiplying by 100, as described in USDA-NRCS Soil Survey Laboratory Information Manual, Soil Survey Investigations Report No. 45 and Kellogg Soil Survey Laboratory Methods Manual, Soil Survey Investigation Report No. 42, page 229, or EPA Method 9080.
(3) "Applicant" means the individual who submits an application to the LHD for an IP, CA, OP, or existing system authorization.
(4) "Approved" means that which the Department or LHD has determined is in accordance with this Subchapter and G.S. 130A, Article 11.
(5) "Artificial drainage" means any man-made structure or device designed to overcome a SWC or intercept lateral flowing ground or surface water. Artificial drainage systems include groundwater lowering systems, interceptor drains, and surface water diversions.
(6) "Authorized agent" means a person who has been authorized by the Department in accordance with G.S. 130A, Article 4 and 15A NCAC 01O .0100 to permit wastewater systems.
(7) "Authorized designer" means a service provider authorized by the manufacturer who creates plans for the installation, expansion, or repair of a proprietary wastewater system.
(8) "Authorized On-Site Wastewater Evaluator" means a person licensed in accordance with G.S. 90A, Article 5 and meeting the certification requirements in G.S. 130A-336.2(a) and 21 NCAC 39.
(9) "Backfill" means the soil that is placed in a trench or bed that surrounds or is on top of the dispersal media within the excavation up to the naturally occurring soil surface.
(10) "Bed" means an excavation with a width greater than three feet containing dispersal media and one or more laterals.
(11) "Bedroom" means any room defined as a sleeping room in the North Carolina Building Code.
(12) "Building drain" means the lowest piping of a drainage system that receives the discharge from waste pipes inside the design unit and extends to 10 ft beyond the walls of the building or five feet for a building with a foundation and conveys the sewage to a building sewer.
(13) "Building sewer" means the part of a drainage system that extends from the end of the building drain and conveys the discharge to a wastewater system.
(14) "Certified Inspector" means a person authorized to inspect a wastewater system in accordance with G.S. 90A, Article 5, and applicable rules of the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board.
(15) "Clod" means a compact, coherent, mass of soil produced by digging, plowing, or other human land manipulation.
(16) "Coastal region" means Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lenoir, Martin, New Hanover, Northampton, Onslow, Pamlico, Pender, Pasquotank, Perquimans, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Washington, Wayne, and Wilson counties.
(17) "Collection sewer" means gravity flow pipelines, force mains, effluent supply lines, manholes, lift stations, and all appurtenances used for conveying wastes from the building drain or building sewer to and within a wastewater system. A collection system is a collection sewer.
(18) "Complete data set" means analytical results for all required influent and effluent constituents as specified in the effluent standard for a specific site on a specific date. A data set may include other constituents specified in an RWTS or PIA Approval, permit, or other document.
(19) "Component" means a part of a wastewater system. The component may be any part of the wastewater system, such as a collection sewer, pretreatment, dispersal field, etc.
(20) "Composite sample" means commingled individual samples collected from the same point at different times. Samples may be of equal volume or may be proportional to the flow at time of sampling.
(21) "Control system" means either conventional or accepted systems that are surveyed as part of a survey protocol identified in Rule .1706 of this Subchapter.
(22) "Cover" means the soil that is placed at or above the naturally occurring soil surface to cover the wastewater system.
(23) "Demand dosing" means a configuration in which a specific volume of effluent is delivered to a component based upon patterns of wastewater generation from the source and liquid level detection device settings.
(24) "Department" means the North Carolina Department of Health and Human Services, as defined in G.S. 130A-334(1f). The mailing address for the Department is as follows: NCDHHS, Division of Public Health, On-Site Water Protection Branch, 1642 Mail Service Center, Raleigh, North Carolina 27699-1642.
(25) "Design daily flow" means the unadjusted quantity of wastewater a facility is projected to produce in a 24-hour period upon which wastewater system sizing and design are based as determined in Section .0400 of this Subchapter.
(26) "Design unit" means a discrete connection such as an individual dwelling unit, place of business, or place of public assembly on which wastewater DDF is based. Multiple design units may comprise a facility.
(27) "Dispersal field" means the physical location where final treatment and dispersal of effluent occurs in the soil.
(28) "Dispersal media" means the media used to provide void space through which effluent flows and may be stored prior to infiltration, such as washed gravel or crushed stone, products referenced in Section .0900 of this Subchapter, products approved pursuant to Section .1700 of this Subchapter, etc.
(29) "Dispersal system" means the dispersal field and associated components that distribute effluent to and within the dispersal field. This includes a pump, pump tank, pressure manifold, distribution box, drip box, lateral, dispersal media, etc.
(30) "Dose volume" means an amount of effluent delivered during a dosing event as determined by the liquid level detection device settings in a demand dosing system or by a timer in a timed dosing system.
(31) "Dwelling unit" means any room or group of rooms located within a structure and forming a single, habitable unit with facilities which are used or intended to be used for living, sleeping, bathing, toilet usage, cooking, and eating.
(32) "Effluent" means the liquid discharge from a pretreatment process, component, or system.
(33) "Facility" means one or more design units located on a single or multiple lot(s) or tract(s) of land and served by a wastewater system comprised of one or more wastewater systems.
(34) "Finished grade" means the final elevation of the land over the wastewater system after installation.
(35) "Flow equalization" means a system configuration that includes sufficient storage capacity to allow for uniform flow to a subsequent component despite variable flow from the source.
(36) "Full kitchen" means the appliances meet the requirements of North Carolina Food Code, Chapters 4-1 and 4-2.
(37) "Grab sample" means a discrete sample collected at a specific time and location.
(38) "Grease tank" means the tank located outside the facility that is used to reduce the amount of grease discharged to a wastewater system.
(39) "Grease trap" means a device used inside the facility to reduce the amount of grease discharged to a wastewater system.
(40) "Gravity distribution" means gravity flow of effluent to and within each lateral.
(41) "Groundwater lowering system" means a type of artificial drainage system designed to lower the water table by gravity or, in conjunction with a pump, to maintain the vertical separation beneath a dispersal field.
(42) "Horizon" means a layer of soil, parallel to the surface that has distinct physical, chemical, and biological properties or characteristics such as color, structure, texture, consistence, kinds and number of organisms present, degree of acidity or alkalinity, etc., resulting from soil forming processes.
(43) "Infiltrative surface" means the designated interface where effluent moves from dispersal media or a distribution device into treatment media, naturally occurring soil, or fill.
(44) "Influent" means the sewage discharged to a pretreatment component.
(45) "Installer" means a person authorized to construct, install, or repair a wastewater system in accordance with G.S. 90A, Article 5 and applicable rules of the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board.
(46) "Interceptor drain" means a type of artificial drainage designed to intercept and divert lateral moving groundwater or perched water away from the dispersal field or other system component to an effective outlet.
(47) "Invert" means the lowest elevation of the internal cross-section of a pipe, fitting, or component.
(48) "Jurisdictional wetland" means an area subject to the regulatory jurisdiction of the U.S. Army Corps of Engineers or DEQ.
(49) "Ksat" or saturated hydraulic conductivity, means the rate of water flow through a unit cross sectional area of soil under saturated conditions. In-situ Ksat is measured in the field using clean water. Results of in-situ Ksat are used to simulate movement of effluent through the soil and may be used to field verify LTAR.
(50) "Lateral water movement" means the movement of subsurface water downslope often associated with a less permeable horizon. Lateral water movement can be observed in a bore hole, excavation, or monitoring well on sloping sites.
(51) "Lateral" means any pipe, tubing, or other device used to convey and distribute effluent in a dispersal field.
(52) "Limiting condition" means soil conditions or site features that determine wastewater system design options. Soil conditions are morphology, depth, restrictive horizons, soil wetness, or organic matter content. Site features are topography, slope, landscape position, or available space.
(53) "Lithochromic feature" means soil mottle or matrix associated with variations of color due to weathering of parent materials.
(54) "Long Term Acceptance Rate" means the rate of effluent absorption by the soil, existing fill, or saprolite in a wastewater system after long-term use. The LTAR, in units of gpd/ft2, is assigned based upon soil textural class, structure, consistence, depth, percent coarse rock, landscape position, topography, and system type, and is used to determine the dispersal field sizing requirements, in accordance with applicable rules of this Subchapter.
(55) "Local health department" means any county, district, or other health department authorized to be organized under the General Statutes of North Carolina.
(56) "Management Entity" means the person, entity, company, or firm designated by the owner of the wastewater system who has primary responsibility for the operation of a wastewater system in accordance with this Subchapter, G.S. 90A, Article 3, and applicable rules of the Water Pollution Control System Operators Certification Commission. The Management Entity may be the owner, a public Management Entity, a certified operator, a management company, or an entity that employs certified operators. The Management Entity is or employs the operator in responsible charge for the wastewater system.
(57) "Mass loading" means the total mass of one or more organic or inorganic effluent constituents delivered to the wastewater system over a specified period. It is computed by multiplying the total volume of flow during the specified period by the flow-weighted average constituent concentration in the same period. Units of measurement are pounds per day.
(58) "Matrix" means a volume of soil equivalent to 50 percent or greater of the total volume of a horizon.
(59) "Mean high-water mark" means, for coastal waters having six inches or more lunar tidal influence, the average height of the high-water over a 19-year period as may be ascertained from National Ocean Survey, U.S. Army Corps of Engineers tide stations data, or as otherwise determined under the provisions of the Coastal Area Management Act. The highest high-water mark as reported by the three agencies shall be applied.
(60) "Media" means a solid material that can be described by shape, dimensions, surface area, void space, and application.
(61) "Media filter" means a device that uses materials designed to treat effluent by reducing BOD5 and removing TSS in an unsaturated environment. Biological treatment is facilitated via microbial growth on the surface of the treatment media.
(62) "Mottle" means subordinate color of a differing Munsell color system notation in a soil horizon.
(63) "Mountain region" means Alleghany, Ashe, Avery, Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Swain, Transylvania, Watauga, and Yancey counties.
(64) "Naturally occurring soil" means soil formed in place due to natural formation processes that is unaltered by filling, removal, or other artificial modification other than tillage.
(65) "NEMA 4X" means an enclosure for an electrical control panel or junction box that meets standards for protection of equipment due to the ingress of water, including rain and hose-directed water, and an additional level of protection against corrosion, as set forth in NEMA Standard 250.
(66) "NSF/ANSI 40 systems" means individual RWTS that are approved and listed in accordance with the standards adopted by NSF International for Class I residential wastewater treatment systems under NSF/ANSI Standard 40 and approved for use in accordance with G.S. 130A-342 and the rules of this Subchapter.
(67) "Non-ground absorption system" means a system for waste treatment designed not to discharge to the soil, land surface, or surface waters, including approved vault privies, incinerating toilets, mechanical toilets, composting toilets, chemical toilets, and recycling systems.
(68) "Normal water level" means the term as defined in 15A NCAC 02B .0610(28).
(69) "Off-site system" means a wastewater system where any system component is located on property other than the lot where the facility is located.
(70) "Ordinary high-water mark" means the line on the shore established by the fluctuations of water and indicated by physical characteristics such as: a natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; or the presence of litter and debris.
(71) "Organic soils" means those organic mucks and peats consisting of more than 20 percent organic matter, by dry weight, and greater than or equal to 18 inches in thickness.
(72) "Owner" means a person holding legal title to the facility, wastewater system, or property or his or her representative. The owner's representative is a person who holds power of attorney to act on an owner's behalf or an agent designated by letter or contract to act on the owner's behalf.
(73) "Parallel distribution" means the distribution of effluent that proportionally loads multiple sections of a dispersal field at one time.
(74) "Parent material" means the mineral and organic matter that is in its present position through rock decomposition or deposition by water, wind, or gravity.
(75) "Ped" means a unit of soil structure, such as blocky, granular, prismatic, or platy formed by natural processes.
(76) "Perched water table" means a zone of saturation held above the main groundwater body by a less permeable layer, impermeable rock, or sediment, which may or may not exhibit redoximorphic features.
(77) "Person" means any individual, firm, association, organization, partnership, business trust, corporation, company, or unit of local government.
(78) "Piedmont region" means Alamance, Alexander, Anson, Burke, Cabarrus, Caldwell, Caswell, Catawba, Chatham, Cleveland, Davidson, Davie, Durham, Forsyth, Franklin, Gaston, Granville, Guilford, Iredell, Lee, Lincoln, Mecklenburg, Montgomery, Moore, Nash, Orange, Person, Polk, Randolph, Rockingham, Rowan, Rutherford, Stanly, Stokes, Surry, Union, Vance, Wake, Warren, Wilkes, and Yadkin counties.
(79) "Pressure dispersal" means a system utilizing an effluent pump or siphon to distribute effluent uniformly to the infiltrative surface in the dispersal field through a pressurized pipe network.
(80) "Pressure dosed gravity distribution" means pressure delivery of effluent to a manifold, distribution box, or other splitter with subsequent gravity distribution within one or more laterals to the infiltrative surface.
(81) "Public management entity" means a public entity legally authorized to operate and maintain wastewater systems, including a city pursuant to G.S. 160A, Article 16, a county pursuant to G.S. 153A, Article 15, an interlocal contract pursuant to G.S. 160A, Article 20, a joint management agency pursuant to G.S. 160A, Article 20, a county service district pursuant to G.S. 153A, Article 16, a county water and sewer district pursuant to G.S. 162A, Article 6, a sanitary district pursuant to G.S. 130A, Article 2, Part 2, a water and sewer authority pursuant to G.S. 162A, Article 1, a metropolitan water district pursuant to G.S. 162A, Article 4, a metropolitan sewerage district pursuant to G.S. 162A, Article 5A, a public utility pursuant to G.S. 62, Article 1, a county or district health department pursuant to G.S. 130A, Article 2, or any other public entity legally authorized to operate and maintain wastewater systems.
(82) "Raw sewage lift stations" means a dosing system that is designed to move untreated sewage from a lower elevation to a higher elevation. Raw sewage lift stations are installed prior to any wastewater treatment.
(83) "RCW systems" means advanced pretreatment systems approved by the Department in accordance with Section .1700 of this Subchapter that meet RCW effluent standards in Rule .1002 of this Subchapter.
(84) "Redoximorphic features" means a color pattern of a horizon due to a depletion or concentration of pigment compared to the matrix color, formed by oxidation and reduction of Fe coupled with its removal, translocation, or accrual, or a soil matrix color controlled by the presence of Fe+2. Redox depletions are a type of redoximorphic feature.
(85) "Repair area" means an area that has been classified suitable consistent with the Rules in this Subchapter that is reserved for the extension, alteration, wastewater system relocation, or replacement of part or all of the initial wastewater system. The repair area shall be available to be used in the event of a malfunction or if a wastewater system is partially or totally destroyed.
(86) "Residential Wastewater Treatment Systems" means approved individual advanced pretreatment systems that are covered under standards of NSF International, in accordance with G.S. 130A-342 and applicable Rules in this Subchapter.
(87) "Restrictive horizon" means a soil horizon that is capable of perching groundwater or effluent and that is brittle and strongly compacted or strongly cemented with iron, aluminum, silica, organic matter, or other compounds. Restrictive horizons may occur as fragipans, iron pans, or organic pans, and are recognized by their resistance in excavation or in using a soil auger.
(88) "Rock" means the body of consolidated or partially consolidated material composed of minerals at or below the land surface. Rock includes bedrock and partially weathered rock that is hard and cannot be dug with hand tools. The upper boundary of rock is saprolite, soil, or the land surface.
(89) "Saprolite" means the body of porous material formed in place by weathering of rock that has a massive, rock-controlled structure and retains the arrangement of minerals of its parent rock in a minimum of 50 percent of its volume. Saprolite can be dug with hand tools. The lower limit of saprolite is rock and its upper limit is soil or the land surface.
(90) "Septic tank" means a structurally sound, water-tight, covered receptacle, approved in accordance with Section .1400 of this Subchapter. A septic tank is designed for primary treatment of wastewater and is constructed to:
(a) receive the discharge of wastewater from a building;
(b) separate settleable and floating solids from the liquid;
(c) digest organic matter by anaerobic bacterial action;
(d) store digested solids through a period of detention; and
(e) allow effluent to discharge for additional treatment and final dispersal.
(91) "Septic tank effluent pump" means a collection system that uses a septic tank to separate solids and incorporates a pump vault, pump, and associated devices to convey effluent under pressure to a subsequent component.
(92) "Sequential distribution" means the distribution method in which effluent is loaded into one trench and fills it to a predetermined level before passing through a drop box or relief device to the succeeding trench at a lower elevation. All trenches are fed from the same side.
(93) "Setback" means the minimum horizontal separation distance between the wastewater system and features listed in Section .0600 of this Subchapter.
(94) "Settling tank" means a septic tank designed for use in conjunction with a RWTS. A settling tank is not required to meet the design requirements of a septic tank.
(95) "Serial distribution" means the distribution method in which effluent is loaded into one trench and fills it to a predetermined level before passing through a pipe to the succeeding trench at a lower elevation.
(96) "Site" means the area in which the wastewater system is located, including the repair area.
(97) "Soil" means the naturally occurring body of unconsolidated mineral and organic materials on the land surface. Soil is composed of sand-, silt-, and clay-sized particles that are mixed with varying amounts of larger fragments and some organic material. Soil contains less than 50 percent of its volume as rock, saprolite, or coarse-earth fraction. The coarse-earth fraction are mineral particles greater than 2.0 millimeters. The upper limit of the soil is the land surface, and its lower limit is rock, saprolite, or other parent materials.
(98) "Soil consistence" means the degree and kind of cohesion and adhesion that a soil exhibits.
(99) "Soil series" means an official series name established by USDA-NRCS.
(100) "Soil structure" means the arrangement of primary soil particles into compound particles, peds, or clusters that are separated by natural planes of weakness from adjoining units.
(101) "Soil textural classes" means soil classification based upon size distribution of mineral particles in the fine-earth fraction less than two millimeters in diameter. The fine-earth fraction includes sand, silt, and clay particles. Sand particles are 0.05 – 2.0 mm in size, silt particles are 0.002 – 0.05 mm in size, and clay particles are less than 0.002 mm in size.
(102) "Stream" means a body of concentrated flowing water in a natural low area or natural or manmade channel on the land surface. This includes ephemeral, intermittent, and perennial streams as those terms are defined at 15A NCAC 02B .0233(2)(d), (g), and (i), respectively, as well as streams which have been modified by channeling, culvert installation, or relocation.
(103) "Structurally sound" means a tank that has been installed in accordance with the tank manufacturer's requirements and is able to withstand a minimum uniform live loading of 150 pounds per square foot in addition to all loads to which an underground tank is normally subjected, such as dead weight of the material and soil over the tank, active soil pressure on tank walls, and the uplifting force of groundwater.
(104) "Surface water diversion" means a natural or constructed drainage feature used to divert surface water, collect runoff, and direct it to an effective outlet. Surface water diversions include waterways, berms, swales, and ditches. Surface water diversions are a type of artificial drainage.
(105) "TS-I systems" means advanced pretreatment systems approved by the Department in accordance with Section .1700 of this Subchapter that meet TS-I effluent standards in Table XXV of Rule .1201(a) of this Subchapter.
(106) "TS-II systems" means advanced pretreatment systems approved by the Department in accordance with Section .1700 of this Subchapter that meet TS-II effluent standards in Table XXV of Rule .1201(a) of this Subchapter.
(107) "Telemetry" means the ability to contact by phone, email, or another electronic medium. The telemetry unit shall continue alarm notifications to the designated party until the alarm condition is remedied or the telemetry unit is physically turned off.
(108) "Test system" means the dispersal system proposed for accepted status as part of a survey protocol identified in Rule .1706 of this Subchapter.
(109) "Third-party" means a person or entity engaged in testing or evaluation that may be compensated for their work product that is independent of the parties for whom testing or evaluation is performed and does not otherwise benefit regardless of the outcome. The third-party person or entity has knowledge of the subject area based upon relevant training and experience.
(110) "Timed dosing" means a configuration in which a specific volume of effluent is delivered to a component based upon a prescribed interval, regardless of facility water use variation over time.
(111) "Treatment media" means the media used for physical, chemical, and biological treatment in a wastewater treatment component.
(112) "Trench" means an excavation with a width less than or equal to three feet containing dispersal media and one or more laterals.
(113) "Underground utility" means any underground line, system, or infrastructure used for producing, storing, conveying, transmitting, identifying, locating, or distributing communication, electricity, gas, petroleum or petroleum products, hazardous liquids, water, steam, or sewage.
(114) "Unstable slopes" means areas showing indications of mass downslope movement such as debris flows, landslides, and rock falls.
(115) "Vertical separation" means the depth beneath the dispersal field infiltrative surface to a LC.
(116) "Warming kitchen" means a kitchen that does not meet the requirements of North Carolina Food Code, Chapters 4-1 and 4-2.
(117) "Water main standards" means design criteria for pipe and pipe joints and associated installation procedures used in potable water systems and that have been approved by North Carolina DEQ Public Water Supply Section in accordance with 15A NCAC 18C.
(118) "Watertight" means that no water moves into or out of the structure or device, except through designated inlets and outlets. Watertight tanks shall demonstrate compliance with the leak testing requirements in Rule .0805 of this Subchapter.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
SECTION .0200 – permits
15A NCAC 18E .0201 GENERAL
(a) All wastewater in any facility containing water-using fixtures connected to a water supply source shall discharge to a wastewater system approved by the Department in accordance with the Rules of this Subchapter.
(b) In order for a wastewater system to be approved:
(1) the applicant shall submit an application in accordance with Rule .0202 of this Section;
(2) an IP shall be issued in accordance with Rule .0203 of this Section;
(3) a CA shall be issued in accordance with Rule .0204 of this Section; and
(4) the authorized agent shall inspect the installation and issue an OP in accordance with Rule .0205 of this Section.
(c) Upon issuance of the CA, the applicant may obtain a building permit in accordance with G.S. 130A-338.
(d) Notwithstanding Paragraph (b) of this Rule, an applicant may choose to have a wastewater system approved under the provisions of G.S. 130A-336.1 or G.S. 130A-336.2 and in accordance with Rule .0207 of this Section.
(e) All documentation related to a wastewater system shall be maintained by the LHD in the county where the permit is issued and the property taxes are paid.
(f) Holding tanks shall not be considered an acceptable wastewater treatment and dispersal system. An IP shall not be issued for a holding tank for new construction or to serve a permanent facility.
History Note: Authority G.S. 130A-335; 130A-336; 130A-336.1; 130A-336.2; 130A-337; 130A-338;
Eff. January 1, 2024.
15A NCAC 18E .0202 APPLICATION
(a) An application for an IP, CA, and existing system authorization shall be submitted to the LHD, and approved in accordance with these Rules, for each site prior to the construction, location, or relocation of a residence, place of business, or place of public assembly.
(b) Prior to the repair of a wastewater system, an application for a CA shall be submitted to the LHD.
(c) A pending application for an IP, CA, or existing system authorization for which the LHD is awaiting action by the applicant shall expire 12 months from the date of application.
(d) When an IP, CA, or existing system authorization expires or is revoked, or an application for an IP or CA expires, a new application is required.
(e) For a Type V or VI system as specified in Table XXXII of Rule .1301(b) of this Subchapter, a new application shall be submitted at least 30 days prior to the OP expiring.
(f) An applicant may choose to contract with an LSS to conduct a soil and site evaluation in accordance with G.S. 130A-335(a2). The soil and site evaluation shall be submitted to the LHD as part of the application process.
(g) The application for an IP shall contain the following information:
(1) name, mailing address, and phone number of the applicant and owner;
(2) type of permit requested:
(A) new;
(B) change of use;
(C) expansion or increase in DDF; or
(D) wastewater system relocation;
(3) site plan or plat indicating the locations of the following:
(A) existing and proposed facilities, structures, appurtenances, and wastewater systems;
(B) proposed wastewater system showing setbacks to property line(s) or other fixed reference point(s);
(C) existing and proposed vehicular traffic areas;
(D) existing and proposed water supplies, wells, springs, and water lines; and
(E) surface water, drainage features, and all existing and proposed artificial drainage, as applicable;
(4) location, parcel identification number, other property identification, 911 address if known, acreage, and general directions to the property;
(5) description of existing and proposed facilities and wastewater systems;
(6) information needed to determine DDF and effluent strength of the facility(s) served, including number and function of individual design units, number of bedrooms and occupants per bedroom, or number of occupants;
(7) whether wastewater other than DSE will be generated;
(8) notification if the property includes, or is subject to, any of the following:
(A) previously identified jurisdictional wetlands;
(B) existing or proposed easements, rights-of-way, encroachments, or other areas subject to legal restrictions; or
(C) approval by other public agencies; and
(9) signature of applicant and owner.
(h) The application for a CA shall contain:
(1) the information required in Paragraph (g) of this Rule. A site plan or plat shall not be required with the application to repair a permitted wastewater system when the repairs will be accomplished on property owned and controlled by the owner and for which property lines are identifiable in the field;
(2) identification of the proposed use of a grinder pump or sewage pump; and
(3) the type of the proposed wastewater system specified by the applicant.
(i) The application for an existing system authorization shall contain:
(1) name, mailing address, and phone number of the applicant and owner;
(2) a site plan or plat indicating the locations of the existing and proposed facilities, existing wastewater systems and repair areas, existing and proposed water supplies, easements, rights-of-way, encroachments, artificial drainage, and all appurtenances;
(3) location, parcel identification number, other property identification, 911 address if known, acreage, and directions to the property;
(4) for reconnections, information needed to determine DDF of the facility served, including number and function of individual design units, number of bedrooms and occupants per bedroom, or number of occupants; and
(5) signature of applicant and owner(s).
(j) Submittal of a signed application shall constitute right of entry to the property by an authorized agent.
History Note: Authority G.S. 130A-335; 130A-336; 130A-337; 130A-338;
Eff. January 1, 2024.
15A NCAC 18E .0203 IMPROVEMENT PERMIT
(a) Upon receipt of a complete application for an IP, an authorized agent shall evaluate the site to determine whether the site is suitable or unsuitable for the installation of a wastewater system in accordance with Section .0500 of this Subchapter. If the site is classified suitable, an IP shall be issued in accordance with this Subchapter. The authorized agent shall prepare dated, written documentation of the soil and site conditions required to be evaluated in Section .0500 of this Subchapter.
(b) When the site is classified suitable an authorized agent shall issue an IP for the site that includes the items contained in G.S. 130A-336(a)(1) through (6) and the following information:
(1) DDF, number of bedrooms, maximum number of occupants or people served, and wastewater strength in accordance with Section .0400 of this Subchapter;
(2) required effluent standard - DSE, HSE, NSF/ANSI 40, TS-I, TS-II, or RCW in accordance with Table III of Rule .0402(a), Table XXV of Rule .1201(a), or Rule .1002, of this Subchapter;
(3) all applicable setbacks and requirements in accordance with Section .0600 of this Subchapter;
(4) description of the facility, structures, vehicular traffic areas, and other proposed improvements;
(5) description of existing and proposed public or private water supplies, including private drinking water wells and springs and associated water lines;
(6) a site plan or plat as defined in G.S. 130A-334 showing the existing and proposed property lines with dimensions, the location of the facility and appurtenances, the site for the proposed wastewater system and repair area, and the location of water supplies and surface water;
(7) the proposed initial wastewater system and repair system areas and types, including LTARs for each system; and
(8) permit conditions, such as site-specific site modifications, installation requirements, maintenance of the groundwater lowering system, etc.
(c) When the site is classified unsuitable, a signed, written report shall be provided to the applicant describing the unsuitable site characteristics and citing the applicable rule(s). If modifications or alternatives are available to support site reclassification to suitable this information shall be included in the report.
(d) The period of validity for the permit in accordance with G.S. 130A-335(f) shall be stated on the IP.
(e) The IP shall be transferable subject to the conditions set forth in G.S. 130A-336(a).
(f) An IP shall be suspended or revoked if:
(1) the information submitted in the application is found to be incomplete, false, or incorrect;
(2) the site is altered and the permitted system cannot be installed or operated as permitted;
(3) conditions of the IP or the Rules of this Subchapter cannot be met;
(4) a new IP is issued for the same design unit on the same property; or
(5) an NOI is issued in accordance with G.S. 130A-336.1(b) or G.S. 130A-336.2(b) for the same design unit on the same property.
(g) An IP shall be applicable to both initial and repair dispersal field areas identified and approved on the IP and only a CA shall be issued if wastewater system repairs are necessary.
History Note: Authority G.S. 130A-335; 130A-336;
Eff. January 1, 2024.
15A NCAC 18E .0204 CONSTRUCTION AUTHORIZATION
(a) The applicant shall obtain a CA after an IP has been issued and prior to the construction, location, or relocation of a facility, or the construction or repair of a wastewater system.
(b) Conditions of an IP shall be completed prior to the issuance of a CA. A CA shall be issued by an authorized agent for wastewater system installation when it is found that the IP conditions and Rules of this Subchapter are met.
(c) A CA may be issued at the same time as the IP if no conditions on the IP are required to be completed prior to CA issuance.
(d) Any necessary easements, rights-of-way, or encroachment agreements shall be obtained prior to the issuance of a CA.
(e) The CA shall specify the following:
(1) all information required in Rule .0203(b) of this Section;
(2) the initial wastewater system type and layout, location of all initial wastewater system components, and design details and specifications for the following, as applicable;
(A) tanks;
(B) collection sewers;
(C) pump requirements;
(D) advanced pretreatment;
(E) distribution devices; and
(F) trench width, length, and depth on the downslope side of the trench;
(3) the nature of the Management Entity required and the minimum operation and maintenance requirements in accordance with Section .1300 of this Subchapter; and
(4) permit conditions, such as site-specific installation requirements, maintenance of the groundwater lowering system, etc.
(f) A CA shall be issued for each wastewater system serving a facility. Separate CAs may be issued for individual components. A building permit shall not be issued for a design unit until CAs for all components of the wastewater system serving that design unit have been issued.
(g) Prior to the issuance of a CA for a system where all or part of the system will be under common or joint control, a draft multi-party agreement between the developer and an incorporated owners' association shall be submitted to and its conditions approved by the LHD. The draft multi-party agreement shall include and address the following, as applicable:
(1) ownership;
(2) transfer of ownership;
(3) maintenance;
(4) operation;
(5) wastewater system repairs; and
(6) designation of fiscal responsibility for the continued satisfactory performance of the wastewater system and repair or replacement of collection, treatment, dispersal, and other components.
(h) Systems or components under common or joint control include the following:
(1) wastewater system serving a condominium or other multiple-ownership development; or
(2) off-site systems serving two or more facilities where any components are under common or joint ownership or control.
(i) The CA shall be valid for a period equal to the period of validity of the IP and stated on the permit.
(j) The CA shall be transferable subject to the conditions set forth in G.S. 130A-336(a).
(k) A CA shall be suspended or revoked if:
(1) the information submitted in the application is found to be incomplete, false, or incorrect;
(2) the site is altered and the permitted system cannot be installed or operated as permitted;
(3) conditions of the CA or the Rules of this Subchapter cannot be met;
(4) a new CA is issued for the same design unit on the same property; or
(5) an NOI is issued in accordance with G.S. 130A-336.1(b) or G.S. 130A-336.2(b) for the same design unit on the same property.
History Note: Authority G.S. 130A-335; 130A-336; 130A-338;
Eff. January 1, 2024.
15A NCAC 18E .0205 OPERATION PERMIT
(a) The applicant shall obtain an OP after the wastewater system has been installed or repaired and the authorized agent has inspected the system. The inspection shall occur prior to the system being covered with soil. The authorized agent shall determine that the system has been installed in accordance with this Subchapter and any conditions of the IP and CA.
(b) During the wastewater system inspection, the authorized agent shall notify the installer of items that do not meet the rules of this Subchapter and conditions described in the IP and CA. Corrections shall be made to bring the system into compliance with this Subchapter by the installer. If corrections cannot be made, an authorized agent shall not issue an OP, the system shall not be placed into use, and the authorized agent making the determination shall prepare a written report referencing deficiencies in the system installation, citing the applicable rule(s) and IP and CA conditions, and include a letter of Intent to Suspend or Revoke the IP and CA or the CA. A copy of the report shall be provided to the applicant and the installer.
(c) The OP shall include:
(1) the initial system and designated repair system type in accordance with Table XXXII of Rule .1301(b) of this Subchapter and the unique code assigned under Rule .1713(10) of this Subchapter;
(2) facility description including number of bedrooms and maximum occupancy, maximum number of occupants or people served, DDF, and wastewater strength;
(3) a site plan or plat as defined in G.S. 130A-334 showing the property lines with dimensions, the location of the facility and appurtenances, the site for the wastewater system and repair area including location and dimensions, and the location of water supplies and surface water;
(4) dispersal field design including trench or bed length, width, depth, and location;
(5) the tank(s) location, capacity, and ID numbers;
(6) groundwater monitoring well locations, sampling frequency, and characteristics sampled, as applicable;
(7) conditions for system performance, operation, monitoring, influent and effluent sampling requirements, and reporting, including the requirement for a contract with a Management Entity, as applicable;
(8) a statement specifying that best professional judgement was used to repair the malfunctioning wastewater system, if applicable; and
(9) approved engineered plans, specifications, and record drawings if required in Rule .0303(g) of this Subchapter.
(d) Prior to the issuance of an OP for a system requiring a multi-party agreement, the multi-party agreement shall be executed between the developer and an incorporated owners' association and filed with the local register of deeds.
(e) When a wastewater system is required to be designed by an authorized designer or PE, the PE or authorized designer shall provide a written statement to the applicant and authorized agent specifying that construction is complete and in accordance with approved plans, specifications, and modifications. The written statement shall be provided prior to issuance of the OP.
(f) An OP shall be valid and remain in effect for a system provided:
(1) wastewater strength and DDF remain unchanged;
(2) the system is operated and maintained in accordance with Section .1300 of this Subchapter;
(3) no malfunction is found as defined in Rule .1303(a)(2) of this Subchapter;
(4) the system has not been abandoned in accordance with Rule .1307 of this Subchapter;
(5) the system complies with the condition(s) of the OP; and
(6) the OP has not expired or been revoked.
(g) For a Type V or VI system as specified in Table XXXII of Rule .1301(b) of this Subchapter, the OP shall expire five years after being issued.
(h) An authorized agent shall modify, suspend, or revoke the OP or seek other remedies under G.S. 130A, Article 2, if it is determined that the system is not being operated and maintained in accordance with Section .1300 of this Subchapter and all conditions imposed by the OP.
(i) When an OP expires in accordance with Paragraph (g) of this Rule a new application shall be required prior to issuance of a new OP to confirm that the previously approved facility has not changed and that the system remains in compliance with permit conditions.
(j) When an OP is revoked due to facility non-compliance, such as additional wastewater flow or increased wastewater strength, a new application shall be required prior to evaluation for a new IP, CA, and OP.
(k) An OP shall be revoked prior to an ATO being issued for the same design unit on the same property.
History Note: Authority G.S. 130A-335; 130A-337; 130A-338;
Eff. January 1, 2024.
15A NCAC 18E .0206 EXISTING SYSTEM APPROVALS FOR reCONNECTIONS AND PROPERTY ADDITIONS
(a) Approval by an authorized agent shall be issued prior to any of the following:
(1) a facility being reconnected to an existing system; or
(2) other site modifications as described in Paragraph (c) of this Rule.
(b) Approvals for reconnecting a facility shall be issued by an authorized agent upon determination of the following:
(1) the site complies with its OP or the wastewater system was in use prior to July 1, 1977;
(2) there is no current or past uncorrected malfunction of the system as described in Rule .1303(a)(2) of this Subchapter;
(3) the DDF and wastewater strength for the proposed facility do not exceed that of the existing system;
(4) the facility meets the setbacks in Section .0600 of this Subchapter; and
(5) the existing system is being operated and maintained as specified in G.S. 130A, Article 11, this Subchapter, and permit conditions.
(c) Prior to construction, relocation of a structure, the expansion of an existing facility's footprint, or other site modifications that require the issuance of a building permit, but that do not increase DDF or wastewater strength, an approval shall be issued by an authorized agent upon determination of the compliance of the proposed structure with setback requirements in Section .0600 of this Subchapter.
(d) For approvals issued in accordance with this Rule the authorized agent shall provide written documentation of the approval to the applicant. The written documentation of the approval shall describe the site modification, system use, DDF, wastewater strength, number of bedrooms, and number of occupants, and shall include a site plan showing the location, dimensions, and setbacks of existing and proposed structures to the existing system and repair area.
(e) When an approval cannot be issued in accordance with this Rule, a signed, written report shall be provided by the authorized agent to the applicant describing the reasons for the denial, citing the applicable rule(s), and including notice of the right to appeal under G.S. 130A-24 and 150B.
History Note: Authority G.S. 130A-335; 130A-337(c) and (d);
Eff. January 1, 2024.
15A NCAC 18E .0207 ALTERNATIVE WASTEWATER SYsTEM PERMITTING OPTIONS
(a) An applicant may choose to use an EOP for wastewater systems in accordance with G.S. 130A-336.1 or an AOWE in accordance with G.S. 130A-336.2. The EOP shall be used if the wastewater system design requires a PE in accordance with Rule .0303(a) of this Subchapter.
(b) Prior to the submittal of an NOI for an EOP or an AOWE system as required by G.S. 130A-336.1(b) or G.S. 130A-336.2(b), respectively, a soil and site evaluation shall be conducted in accordance these Statutes and the Rules of this Subchapter.
(c) The NOI for an EOP or AOWE system shall be submitted to the LHD in the county where the facility is located by the applicant, owner, PE authorized as the legal representative of the owner, or AOWE authorized as the legal representative of the owner. The NOI shall be submitted on the common form for EOP or the common form for AOWE provided by the Department. The common forms are available by accessing the Department's website at . The forms shall include all the information specified in G.S. 130A-336.1(b) or 130A-336.2(b) and the following:
(1) the LSS's, and LG's name, license number, address, e-mail address, and telephone number, as applicable. The installer's name, license number, address, e-mail address, and telephone number shall be provided on the EOP common form;
(2) information required in Rule .0202 of this Section for IP and CA applications;
(3) identification and location on the site plan of existing or proposed potable water supplies, geothermal heating and cooling wells, and groundwater monitoring wells for the proposed site. The PE or AOWE shall reference any existing permit issued for a private drinking water well, public water system as defined in G.S. 130A-313(10), or a wastewater system on both the subject and adjoining properties to provide documentation of compliance with setback requirements in Section .0600 of this Subchapter; and
(4) proof of insurance for the PE, LSS, and LG, as applicable. Proof of insurance for the installer shall be provided with the NOI.
(d) The PE or AOWE design shall incorporate findings and recommendations on soil and site conditions, limitations, site modifications, and geologic and hydrogeologic conditions specified by the LSS or LG, as applicable, and in accordance with G.S. 130A-336.1(b)(8) or G.S. 130A-336.2(b)(9), respectively. For an EOP, when the PE chooses to employ pretreatment technologies not approved in this State, the engineering report shall specify the proposed technology and the associated siting, installation, operation, maintenance, and monitoring requirements, including written manufacturer's endorsement of the proposed use.
(e) The PE or AOWE shall allow for the use of Accepted Systems in accordance with G.S. 130A-336.1(e)(5) or G.S. 130A-336.2(d)(5), respectively.
(f) No building permit for construction, location, or relocation shall be issued until after a decision of completeness of the NOI is made by the LHD. If the LHD fails to act within 15 business days for an EOP or within five business days for an AOWE, the common form is deemed complete.
(g) If there are any changes in the site plan that can impact the wastewater system, such as moving the house or driveway, site alterations, or if the applicant chooses to change the DDF or the wastewater strength prior to wastewater system construction, a new NOI shall be submitted to the LHD. The applicant shall request in writing that the PE or AOWE invalidate the prior NOI with a signed and sealed letter sent to the applicant and LHD.
(h) Construction of the wastewater system shall not commence until the system design plans and specifications have been provided to the installer and the signed and dated statement by the installer is provided to the applicant as required by G.S. 130A-.336.1(e)(4)(b) or G.S. 130A-336.2(e)(3). The applicant shall be responsible for preventing modifications or alterations of the site for the wastewater system and the system repair area before, during, and after any construction activities for the facility, unless approved by the licensed professionals.
(i) Prior to the LHD providing written confirmation on the common form for the ATO completeness, the applicant, owner, PE, or AOWE shall submit the following to the LHD:
(1) documentation that all reporting requirements identified in G.S. 130A-336.1(l) or 130A-336.2(l) have been met;
(2) information set forth in Rule .0301(d) of this Subchapter;
(3) system start-up documentation, including applicable baseline operating parameters for all components;
(4) documentation by the applicant that all necessary legal agreements, including easements, encroachments, multi-party agreements, and other documents have been prepared, executed, and recorded in accordance with Rule .0301(b) and (c) of this Subchapter;
(5) installer's name, license number, address, e-mail address, telephone number, and proof of insurance for AOWE only; and
(6) record drawings.
(j) The owner of a wastewater system approved in accordance with this Rule shall be responsible for maintaining the wastewater system in accordance with the written operation and management program required in G.S. 130A-336.1(i)(1) or 130A-336.2(i)(1) and Section .1300 of this Subchapter.
(k) For repair of a malfunctioning EOP or AOWE system, an NOI shall be submitted in accordance with this Rule. Rule .1306 of this Subchapter shall be followed for repair of a malfunctioning system. The Management Entity shall notify the LHD within 48 hours of the system malfunction.
(l) The applicant of an EOP or AOWE system who proposes to change the use of the facility shall contact the licensed professionals on the NOI to determine whether the current system would continue to comply with the Rules of this Subchapter for the proposed change of use. The licensed professionals shall determine what, if any, modifications shall be necessary for the wastewater system to continue to comply with the Rules of this Subchapter following the proposed change of use. An NOI reflecting the change of use and any required modifications to the system shall be submitted to the LHD. The permitting process set forth in this Rule shall be followed.
(m) For EOP and AOWE systems, the LHD shall:
(1) file all EOP and AOWE documentation consistent with current permit filing procedures at the LHD;
(2) revoke an IP or CA for a wastewater system prior to issuing written confirmation of the NOI for the same design unit on the same property, if applicable;
(3) revoke an OP for a wastewater system prior to issuing written confirmation of an ATO for the same design unit on the same property, if applicable;
(4) submit a copy to the Department of the common form indicating written confirmation of NOI and ATO completeness;
(5) participate in a post-construction conference in accordance with G.S. 130A-336.1(j) or G.S. 130A-336.2(j);
(6) review the performance and operation reports submitted and perform on-site compliance inspections of the wastewater system in accordance with Rule .1305(c) and Table XXXII of Rule .1301(b) of this Subchapter;
(7) investigate complaints regarding EOP and AOWE systems;
(8) issue a NOV for systems determined to be malfunctioning in accordance with Rule .1303(a)(2) of this Subchapter. The LHD shall direct the owner to contact the PE, LSS, LG, and installer, as applicable, for determination of the reason of the malfunction and development of an NOI for repairs; and
(9) require an owner receiving a NOV to pump and haul sewage in accordance with Rule .1306 of this Subchapter.
(n) The applicant may contract with different licensed professionals than those originally identified on the initial NOI to complete an EOP or AOWE project. When the applicant contracts with different licensed professionals, a revised NOI reflecting the new licensed professionals and proof of insurance shall be submitted to the LHD.
(o) The applicant and all licensed professionals shall comply with all applicable federal, State, and local laws, rules, and ordinances.
History Note: Authority G.S. 130A-335; 130A-336.1; 130A-336.2; S.L. 2019-151, s. 14;
Eff. January 1, 2024.
section .0300 - responsibilities
15A NCAC 18E .0301 OWNERS
(a) The owner of a wastewater system shall:
(1) comply with G.S. 130A, Article 11, the rules of this Subchapter, and permit conditions regarding wastewater system location, including repair area;
(2) identify property lines and fixed reference points in the field prior to the LHD site evaluation;
(3) make the site accessible for the site evaluation described in Rule .0501 of this Subchapter;
(4) field stake or otherwise mark the proposed facility location and all associated appurtenances, such as vehicular traffic areas, garage, swimming pool, shed, entryways, decks, etc.;
(5) provide for pits with excavated steps or a ramp in the pit that allow for ingress and egress when necessary for a soil and site evaluation at the site as determined by the LHD or the Department in accordance with Rule .0501 of this Subchapter;
(6) provide for system operation, maintenance, monitoring, and reporting, including access for system maintenance;
(7) maintain artificial drainage systems, as applicable;
(8) prevent encroachment on the initial wastewater system and repair area by utilities, structures, vehicular traffic areas, etc.;
(9) provide documentation supporting an exemption from the minimum setback requirements in Rule .0601(a) of this Subchapter to the LHD, as applicable;
(10) establish and maintain site-specific vegetation over the dispersal field and repair area; and
(11) repair a malfunctioning system as necessary in accordance with this Subchapter.
(b) The entire initial wastewater system and repair area shall be on property owned or controlled by the wastewater system owner. An easement or encroachment agreement shall be required for the permitting of any of the following installations:
(1) any part of the wastewater system is located in a common area with other wastewater systems;
(2) any part of the wastewater system is located in an area with multiple or third-party ownership or control;
(3) any part of the wastewater system is proposed to be in an off-site area; or
(4) any part of the wastewater system and the facility are located on different lots or tracts of land and cross a property line or right-of-way.
(c) Any necessary easements, rights-of-way, or encroachment agreements shall be obtained prior to the issuance of a CA. The easement, right-of-way, or encroachment agreement shall meet the following conditions:
(1) be appurtenant to specifically described property and run with the land;
(2) not be affected by change of ownership or control;
(3) remain valid for as long as the wastewater system is required for the facility that it is designed to serve;
(4) include a description of the uses being granted and shall include ingress, egress, and regress, system installation, operation, maintenance, monitoring, and repairs and any other activity required to remain in compliance with this Subchapter, including that the easement, right-of-way, or encroachment remain free of structures, landscaping, or any other activities that would interfere with the use of the easement or encroachment for its intended purpose;
(5) specify in a deed by metes and bounds description the area or site required for the wastewater system and repair area, including collection sewers, tanks, raw sewage lift stations, distribution devices, and dispersal fields; and
(6) be recorded with the register of deeds in the county where the system and facility are located.
(d) Prior to OP issuance for a system required to be designed by an authorized designer or PE, the owner shall submit to the LHD a statement signed by the authorized designer or PE specifying that the system has been installed in accordance with the permitted design. For systems designed by a PE, the statement shall be affixed with the PE seal.
History Note: Authority G.S. 130A-335;
Eff. January 1, 2024.
15A NCAC 18E .0302 LOCAL HEALTH DEPARTMENT AND DEPARTMENT
(a) The permitting of a wastewater system shall be the responsibility of agents authorized by the Department in accordance with G.S. 130A, Article 4 and 15A NCAC 01O .0100, and registered with the North Carolina State Board of Environmental Health Specialist Examiners, as required in G.S. 90A, Article 4, unless the permit is issued in accordance with G.S. 130A-336.1 or G.S. 130A-336.2 and Rule .0207 of this Subchapter.
(b) When the wastewater system crosses county lines or the facility is in one county and the wastewater system is in another county, the LHD in the county that assesses property taxes on the facility shall implement the requirements of this Subchapter.
(c) The LHD shall issue an NOV to the owner in the following situations:
(1) the wastewater system is malfunctioning in accordance with Rule .1303(a)(2) of this Subchapter;
(2) the wastewater system creates or has created a public health hazard or nuisance by effluent surfacing, or effluent discharging into groundwater or surface waters;
(3) the wastewater system is partially or totally destroyed, such as components that are crushed, broken, damaged, or otherwise rendered unusable or ineffective so that the component will not function as designed;
(4) the owner does not meet the ownership and control requirements of Rule .0301(b) of this Section;
(5) the wastewater system was installed without a permit issued in accordance with Section .0200 of this Subchapter; or
(6) the facility was expanded without a permit issued in accordance with Section .0200 of this Subchapter.
(d) The authorized agent shall issue a written notice of non-compliance to the owner when the wastewater system is non-compliant with G.S. 130A, Article 11, the rules of this Subchapter, or the performance standards or conditions in the OP or ATO.
(e) The Department shall review and approve the wastewater system, including design, layout, plans, and specifications for all wastewater systems that serve a facility with a cumulative DDF greater than 3,000 gpd, as determined in Section .0400 of this Subchapter. The Department shall also review and approve plans and specifications for the following:
(1) IPWW systems required by this Section to be designed by a PE unless the wastewater has been determined to not be IPWW in accordance with Rule .0303(a)(17) of this Section;
(2) advanced pretreatment or drip dispersal systems not previously approved by the Department; and
(3) any other system so specified by the authorized agent.
(f) Department review shall not be required when the cumulative DDF for the facility is greater than 3,000 gpd as determined in Section .0400 of this Subchapter and:
(1) the wastewater system is made up of an individual wastewater system that serves an individual dwelling unit or several individual wastewater systems, each serving an individual dwelling unit; or
(2) the wastewater system meets the following criteria:
(A) the individual wastewater system(s) serves individual design units with a DDF less than or equal to 1,500 gpd;
(B) the initial and repair dispersal fields for each individual wastewater system(s) is, at a minimum, 20 feet from any other individual wastewater system;
(C) the total DDF for all dispersal fields is less than or equal to 1,500 gpd per acre based on the portion of the land containing the dispersal fields; and
(D) the wastewater is not HSE as identified in Section .0400 of this Subchapter.
(g) Department review shall not be required when a PE calculates the proposed DDF to be less than or equal to 3,000 gpd based on engineering design utilizing low-flow fixtures and low-flow technologies in accordance with Rule .0403(e) of this Subchapter. Pursuant to S.L. 2013-413, s.34, as revised by S.L. 2014-120, s.53, neither the Department nor any LHD shall be liable for a system approved or permitted in accordance with this Paragraph.
(h) For systems that require Department review and approval, an IP shall not be issued by the LHD until the site plan or plat and system layout, including details for any proposed site modifications, are approved by the Department. A CA shall not be issued by the LHD until plans and specifications, submitted in accordance with Rule .0304 of this Section, are approved by the Department in accordance with these Rules and engineering practices.
(i) The Department shall provide technical assistance to the LHD as needed for interpretation of this Subchapter, in accordance with the recognized principles and practices of soil science, geology, engineering, and public health.
History Note: Authority G.S. 130A-335;
Eff. January 1, 2024.
15A NCAC 18E .0303 LICENSED OR CERTIFIED PROFESSIONALS
(a) Any wastewater system that meets one or more of the following conditions shall be designed by a PE if required in G.S. 89C:
(1) the system has a DDF greater than 3,000 gpd, as determined in Section .0400 of this Subchapter, except where the system is limited to an individual wastewater system serving an individual dwelling unit or multiple individual wastewater systems, each serving an individual dwelling unit;
(2) the system requires advanced pretreatment or drip dispersal and is not a system approved under Sections .1500, .1600, or .1700 of this Subchapter;
(3) pressure dispersal systems that require pumping more than 500 feet horizontally or more than 50 feet of net elevation head;
(4) pressure dosed gravity distribution systems that require pumping more than 1,000 feet horizontally or more than 100 feet of net elevation head;
(5) dosing systems or force mains that have one or more intermediate high points greater than five feet;
(6) the system requires pumping downhill to a pressure dosed gravity or pressure dispersal field where the volume of the supply line that could drain to the dispersal field between doses exceeds 25 percent of the required dose volume;
(7) pressure dispersal systems and pressure dosed gravity systems with a DDF greater than 600 gpd serving a single design unit;
(8) pressure dispersal systems where there is more than 15 percent variation in line length. The 15 percent variation shall be measured by comparing the longest line length to the shortest line length in any dispersal field;
(9) two or more septic tanks or advanced pretreatment units, each serving a separate design unit, and served by a common dosing tank;
(10) a STEP system with a pressure sewer or other pressure sewer system receiving effluent from two or more pump tanks;
(11) an adjusted DDF is proposed based on the use of low-flow fixtures or low-flow technologies in accordance with Rule .0403(e) of this Subchapter;
(12) the system requires use of sewage pumps prior to the septic tank or other pretreatment system, except for systems governed by the North Carolina Plumbing Code or which consist of grinder pumps and associated pump basins that are approved and listed in accordance with standards adopted by NSF International;
(13) an individual system is required to use more than one pump or siphon in a single pump tank. Examples include dual pumps as set forth in Rule .1101(b) of this Subchapter;
(14) the system includes a collection sewer prior to the septic tank or other pretreatment system serving two or more design units, except for systems governed by the North Carolina Plumbing Code;
(15) the wastewater system includes structures that have not been pre-engineered;
(16) the proposed pump model is not listed by a third-party electrical testing and listing agency;
(17) the system is designed for the collection, treatment, and dispersal of IPWW, except under the following circumstances:
(A) the Department has determined that the wastewater generated by the proposed facility has a pollutant strength that is lower than or equal to DSE and does not require specialized treatment or management. This determination shall be made based on a review of the wastewater generating process, wastewater characteristic data, and material safety data sheets, as compared to DSE; or
(B) the Department has approved a treatment system or process and management method proposed by the facility owner that generates effluent with a pollutant strength which is lower than or equal to DSE. This approval shall be based on a review of documentation provided in conjunction with prior project specific reviews or a PIA approval. This approval shall be based on data from other facilities, management practices, and other information provided by the owner;
(18) the wastewater system is designed for RCW;
(19) any wastewater system designed by a licensed professional that has been determined to be within the practice of engineering in accordance with G.S. 89C-3(6) by the North Carolina Board of Examiners for Engineers and Surveyors;
(20) any wastewater system approved in accordance with Sections .1500, .1600, and .1700 of this Subchapter that requires in the RWTS or PIA Approval that the system be designed by a PE;
(21) any system or system component where the Rules of this Subchapter provide for an engineer to propose alternative materials, capacity determination, or performance requirements; and
(22) any other system so specified by the LHD, based on wastewater system complexity and LHD's experience with the proposed system type.
(b) A PE, in accordance with G.S. 89C, may propose an alternative design for a facility projected to generate HSE in accordance with Rule .0401(h) of this Subchapter. The alternative design shall include supporting documentation showing that the proposed system design will meet DSE in Table III of Rule .0402(a) of this Subchapter. The alternative design shall be reviewed and approved by the Department unless the system has been approved in accordance with Section .1700 of this Subchapter.
(c) Plans and specifications for the use of a groundwater lowering system to comply with the vertical separation to a SWC shall be prepared by a licensed professional if required in G.S. 89C, 89E, or 89F. Prior to the issuance of an IP or CA, the plans and specifications shall be reviewed and approved by the authorized agent if the plans and specifications meet the requirements of Rules .0504 and .0910 of this Subchapter and accepted design practices.
(d) An installer shall construct, install, or repair wastewater systems as required by G.S. 90A, Article 5. The installer shall be responsible for the following:
(1) certification at the required level according to the system design specifications as required by G.S. 90A, Article 5;
(2) notification to the LHD upon completion of the system installation and each stage requiring inspection as conditioned on a CA;
(3) participation in a preconstruction conference when specified in the CA or by the RWTS or PIA Approval;
(4) participation during the inspection of the wastewater system by the authorized agent;
(5) participation during the post-construction conference and all other requirements when the wastewater system is permitted in accordance with Rule .0207 of this Subchapter and G.S. 130A-336.1 or G.S. 130A-336.2; and
(6) final cover of the system after LHD approval. The wastewater system shall be in the same condition when covered as when approved.
(e) The Management Entity, or its employees, shall hold a valid and current certificate or certifications as required for the system from the Water Pollution Control Systems Operators Certification Commission. Nothing in this Subchapter shall preclude any requirements for system Management Entities in accordance with G.S. 90A, Article 3.
(f) Nothing in this Rule shall be construed as allowing any licensed professional to provide services for which he or she has neither the educational background, expertise, or license to perform, or is beyond his or her scope of work and the applicable statutes for their respective professions.
(g) The PE, AOWE, or authorized designer shall provide a written statement to the owner specifying that construction is complete and in accordance with approved plans, specifications, and modifications. This statement shall be based on periodic observations of construction and a final inspection for design compliance. Record drawings shall be provided to the owner and LHD when any change has been made to the wastewater system installation from the approved plans.
History Note: Authority G.S. 89C; 89E; 89F; 90A; 130A-335;
Eff. January 1, 2024.
15A NCAC 18E .0304 SUBMITTAL REQUIREMENTS FOR PLANS, SPECIFICATIONS, AND REPORTS PREPARED BY LICENSED PROFESSIONALS FOR SYSTEMS OVER 3,000 GALLONS/DAY
All wastewater systems with a DDF greater than 3,000 gpd shall be designed by a PE, with site evaluation by an LSS, and LG, as applicable, in accordance with G.S. 89C, 89E, and 89F. The wastewater system plans, specifications, and reports shall contain the information necessary for construction of the wastewater system. Plans, specifications, and reports shall include the following information:
(1) Applicant information and DDF determination:
(a) the seal, signature, and the date on all plans, specifications, and reports prepared by the PE, LSS, and any other licensed or registered professionals who contributed to the plans, specifications, or reports;
(b) name, address, and phone number for the owner and all licensed professionals who have prepared plans, specifications, and reports for the wastewater system; and
(c) DDF and projected wastewater strength based on the application submitted to the LHD that includes calculations and the basis for the proposed DDF and wastewater strength.
(2) Special site evaluation in accordance with Rule .0510 of this Subchapter, including soil and site evaluation, hydraulic and hydrologic assessment reports, and site plans:
(a) soil and site evaluation report, written by the LSS, on the field evaluation of the soil conditions and site features within the proposed initial and repair dispersal field areas including the following:
(i) vertical soil profile descriptions for pits and soil borings in accordance with Section .0500 of this Subchapter;
(ii) recommended LTAR, system type, trench width, length, depth on downslope side of trench for proposed initial and repair dispersal field areas with justification;
(iii) soil and site-based criteria for dispersal field design and site modifications;
(iv) for sites originally classified unsuitable, written documentation indicating that the proposed system can be expected to function in accordance with Rule .0509(c) of this Subchapter; and
(v) recommended effluent standard for proposed initial and repair dispersal field areas with justification; and
(b) hydraulic assessment reports on site-specific field information that shall include:
(i) in-situ Ksat measurements at the proposed infiltrative surface elevation where possible and at each distinct horizon within and beneath the treatment zone to a depth of 48 inches below the ground surface or to a depth referenced in an associated hydraulic assessment, such as groundwater mounding analysis or lateral flow analysis;
(ii) logs from deep borings identifying restrictive layers, changes in texture and density, and aquifer boundaries;
(iii) groundwater mounding for level sites or lateral flow analysis for sloping sites in accordance with Rule .0510(e) of this Subchapter, as applicable; and
(iv) contaminant transport analysis showing projected compliance with groundwater standards at property lines or at the required setback from water supply sources within the property, as applicable;
(3) Site plan prepared by the PE based on a boundary survey prepared by a registered land surveyor with the following information:
(a) site topography, proposed site modifications, location of existing and proposed site features listed in Rule .0601 of this Subchapter, proposed facility location, location of proposed initial and repair dispersal field areas and types, and location of LSS soil pits, hand auger borings, deep borings, and in-situ Kats tests, as applicable;
(b) existing and proposed public wells or water supply sources on the property or within 500 feet of any proposed initial and repair dispersal field areas;
(c) existing and proposed private wells or water supply sources within 200 feet of existing or proposed system component locations;
(d) other existing and proposed wells, existing and proposed water lines including fire protection, irrigation, etc., within the property boundaries and within 10 feet of any projected system component;
(e) surface waters with water quality classification, jurisdictional wetlands, and existing and proposed stormwater management drainage features and groundwater drainage systems;
(f) topographic map with two-foot contour intervals or spot elevations when there is less than a two-foot elevation difference across the site identifying areas evaluated for initial and repair dispersal field areas, proposed location of trenches, and pits and soil borings labeled to facilitate field identification;
(g) location of tanks and advanced pretreatment components, including means of access for pumping and maintenance; and
(h) any site modifications and site and slope stabilization plans.
(4) System components design, installation, operation, and maintenance information:
(a) collection systems and sewers:
(i) plan and profile drawings, including location, pipe diameter, invert and ground surface elevations of manholes and cleanouts;
(ii) proximity to utilities and site features listed in Rule .0601 of this Subchapter;
(iii) drawings of service connections, manholes, cleanouts, valves and other appurtenances, aerial crossings, road crossings, water lines, stormwater management drainage features, streams, or ditches; and
(iv) installation and testing procedures and pass or fail criteria;
(b) tank information:
(i) plan and profile drawings of all tanks, including tank dimensions and all elevations;
(ii) access riser, manhole, chamber interconnection, effluent filter, and inlet and outlet details;
(iii) construction details for built-in-place tanks, including dimensions, reinforcement details and calculations, and construction methods;
(iv) identification number for Department approved tanks;
(v) installation criteria and water tightness testing procedures with pass or fail criteria; and
(vi) anti-buoyancy calculations and provisions;
(c) pump stations, including raw sewage lift stations and pump tanks:
(i) information required in Sub-item (4)(b) of this Rule;
(ii) specifications for pumps, discharge piping, pump removal system, and all related appurtenances;
(iii) dosing system total dynamic head calculations, pump specifications, pump curves and expected operating conditions, including dosing, flushing, etc.;
(iv) control panel, floats and settings, high-water alarm components, location, and operational description under normal and high-water conditions;
(v) emergency storage capacity calculations, timer control settings, and provisions for stand-by power; and
(vi) lighting, ventilation, if applicable, wash-down water supply with back siphon protection, and protective fencing;
(d) advanced pretreatment systems:
(i) information required in Sub-items (4)(b) and (c) of this Rule;
(ii) drawings and details showing all advanced pretreatment units and appurtenances such as pumps, valves, floats, etc., size and type of piping, disinfection unit, blowers if needed, location of control panels, height of control panels, etc; and
(iii) documentation from the manufacturer supporting the proposed design and use of the advanced pretreatment system to achieve specified effluent standards if not otherwise approved by the Department in accordance with Section .1700 of this Subchapter;
(e) dispersal field plans and specifications with design and construction details:
(i) final field layout, including ground elevations based on field measurements at a maximum of two-foot intervals or spot elevations when there is less than a two-foot elevation difference across the site;
(ii) trench plan and profile drawings, including cross sectional details, length, spacing, connection details, cleanouts, etc., and invert elevations for each lateral;
(iii) manifolds, supply lines, pipe sizes, cleanouts and interconnection details, and invert elevations;
(iv) flow distribution device design;
(v) artificial drainage system locations, elevations, discharge points, and design details, as applicable;
(vi) site preparation procedures;
(vii) construction phasing and wastewater system testing; and
(viii) final landscaping and compliance with erosion control requirements, such as site stabilization procedures and drainage;
(f) materials specification for all materials to be used, methods of construction, means for assuring the quality and integrity of the finished product; and
(g) operation and maintenance procedures for the Management Entity, inspection schedules, and maintenance specifications for mechanical components and dispersal field vegetative cover; and
(5) any other information determined to be applicable by the LHD or the Department, such as the impact of projected wastewater constituents on the trench and receiving soil.
History Note: Authority G.S. 130A-335;
Eff. January 1, 2024.
15A NCAC 18E .0305 SUBMITTAL REQUIREMENTS FOR PLANS, SPECIFICATIONS, AND REPORTS PREPARED BY LICENSED PROFESSIONALS FOR SYSTEMS LESS THAN OR EQUAL TO 3,000 GALLONS/DAY
Plans, specifications, and reports for wastewater systems with a DDF less than or equal to 3,000 gpd that are required to be prepared by an LSS or PE, if required in G.S. 89C or 89E, shall include the information required by the following:
(1) Rule .0304(1) of this Section;
(2) Rule .0304(2) of this Section for special site evaluations and submittals prepared under Rule .0510 of this Subchapter; and
(3) Rule .0304(4) of this Section for advanced pretreatment and IPWW.
History Note: Authority G.S. 130A-335;
Eff. January 1, 2024.
section .0400 – design daily flow and effluent characteristics
15A NCAC 18E .0401 DESIGN DAILY FLOW
(a) The minimum DDF for dwelling units shall be based on:
(1) 175 gpd for a one bedroom dwelling unit with no more than two occupants and 400 square feet of living space or less; or
(2) 120 gpd per bedroom with a minimum of 240 gpd per dwelling unit or 60 gpd per person when occupancy exceeds two persons per bedroom, whichever is greater.
(b) DDF for facilities other than dwelling units shall be in accordance with Table II as follows:
TABLE II. Design daily flow for Facilities
|Facility type |Design daily flow |
|Commercial | |
|Airports, railroad stations, bus and ferry terminals, etc. |5 gal/traveler, food preparation not included |
|Barber shops |50 gal/chair |
|Bars, cocktail lounges∞ |20 gal/seat, food preparation not included |
|Beauty shops, style shops, hair salons |125 gal/chair |
|Bed and breakfast homes and inns |Dwelling unit DDF based on Paragraph (a) of this Rule plus |
| |120 gal/rented room which includes the following: |
| |Meals served to overnight guests |
| |Laundry for linens |
| |150 gal/room with cooking facilities in individual rooms |
|Event Center∞ |5 gal/person with toilets and hand sinks up to 4 hrs |
| |10 gal/person with toilets and hand sinks up to 8 hrs |
| |15 gal/person with toilets and hand sinks greater than 8 hrs |
| |Add 5 gal/person with full kitchen |
|Markets open less than four days/week, such as a flea market or |30 gal/stall or vendor, food preparation not included |
|farmers market | |
|Marinas with no holding tank discharge included |30 gal/boat slip, with bathhouse |
| |10 gal/boat slip, wet slips or slips on dock |
| |5 gal/boat slip, dry storage or warehouse |
|Motels/hotels |120 gal/room includes the following: |
| |No cooking facilities in individual rooms other than a microwave or other |
| |similar devices |
| |No food service or limited food service establishment |
| |Laundry for linens |
| |150 gal/room with cooking facilities in individual rooms |
|Offices and factories with no IPWW included |12 gal/employee/≤ 8 hr shift |
| |Add 2 gal/employee/hr for more than 8 hr shift |
| |Add 10 gal/employee for showers |
|Stores, shopping centers, and malls |100 gal/1,000 ft2 of retail sales area, food preparation not included |
|Warehouse that are not retail sales warehouses |100 gal/loading bay or |
| |12 gal/employee/≤ 8 hr shift |
| |Add 2 gal/employee/hr for more than 8 hr shift |
|Storage warehouse including self-storage facilities and does not|12 gal/employee/≤ 8 hr shift |
|include caretaker residence |Add 2 gal/employee/hr for more than 8 hr shift |
|Alcoholic beverage tasting areas with no process wastewater |200 gal/1,000 ft2 of tasting area floor space and includes glass washing |
|included |equipment |
| |Food preparation and food clean up not included |
| |12 gal/employee/≤ 8 hr shift |
|Camps/Campgrounds | |
|Summer camps with overnight stays* |60 gal/person, applied as follows: |
| |15 gal/person/food preparation |
| |20 gal/person/toilet facilities |
| |10 gal/person/bathing facilities |
| |15 gal/person/laundry facilities |
|Day camps not inclusive of swimming area bathhouse* |20 gal/person and |
| |5 gal/meal served with multiuse service or |
| |3 gal/meal served with single-service articles |
|Temporary Labor Camp or Migrant Housing Camp with overnight |60 gal/person, applied as follows: |
|stays* |15 gal/person/food preparation |
| |20 gal/person/toilet facilities |
| |10 gal/person/bathing facilities |
| |15 gal/person/laundry facilities |
|Travel trailer or RV in an RV park* |100 gal/space |
|Recreational Park Trailer or Park Model Trailer 400 ft2 or less |150 gal/space |
|in an RV park* | |
|Bathhouse for campsites and RV park sites with no water and |70 gal/campsite |
|sewer hook ups with a maximum of four people per campsite | |
|Food preparation facilities | |
|Food Establishments with multiuse articles* |25 gal/seat or 25 gal/15 ft2 of floor space open 6 hrs/day or less |
| |40 gal/seat or 40 gal/15 ft2 of floor space open 6 to 16 hrs/day |
| |Add 4 gpd/seat for every additional hour open beyond 16 hrs |
|Food Establishments with single service articles* |20 gal/seat or 20 gal/15 ft2 of floor space open 6 hrs/day or less |
| |30 gal/seat or 30 gal/15 ft2 of floor space open 6 to 16 hrs/day |
| |Add 3 gpd/seat for every additional hour open beyond 16 hrs |
|Food stand with up to eight seats, mobile food units, and |50 gal/100 ft2 of food stand, food unit, or food prep floor space and |
|commissary kitchens* |12 gal/employee/≤ 8 hr shift |
| |Add 2 gal/employee/hr for more than 8 hr shift |
|Other food service facilities* |5 gal/meal served with multiuse articles |
| |3 gal/meal served with single service articles |
|Meat markets or fish markets with no process wastewater |50 gal/100 ft2 of floor space and |
|included* |12 gal/employee/≤ 8 hr shift |
| |Add 2 gal/employee/hr for more than 8 hr shift |
|Health care and other care institutions | |
|Hospitals* |300 gal/bed |
|Rest homes, assisted living homes, and nursing homes* |150 gal/bed with laundry |
| |75 gal/bed without laundry |
| |Add 60 gal/resident employee with laundry |
|Day care facilities |15 gal/person open ≤ 12 hr shift without laundry |
| |Add 1 gal/person/hr open for more than 12 hrs per day |
| |Add 5 gal/person with full kitchen |
|Group homes, drug rehabilitation, mental health, and other care |75 gal/person with laundry |
|institutions | |
|Orphanages |60 gal/student or resident employee with laundry |
|Public access restrooms | |
|Convenience store, service station, truck stop* |250 gal/toilet or urinal meeting the following: |
| |Open less than 16 hrs/day |
| |Food preparation not included |
| |Retail space not included |
| |325 gal/toilet or urinal meeting the following: |
| |Open 16 to 24 hrs/day |
| |Food preparation not included |
| |Retail space not included |
|Highway rest areas and visitor centers* |325 gal/toilet or urinal or |
| |10 gal/parking space, whichever is greater |
|Recreational facilities | |
|Bowling center |50 gal/lane, food preparation not included |
|Community center, gym∞ |5 gal/person plus 12 gal/employee/≤ 8 hr shift |
| |Add 2 gal/employee/hr for more than 8 hr shift or |
| |50 gal/100 ft2, whichever is greater |
|Country club or golf course |10 gal/person |
| |12 gal/employee/≤ 8 hr shift |
| |Add 2 gal/employee/hr for more than 8 hr shift |
| |3 gal/person for convenience stations |
| |Food preparation not included |
|Fairground |250 gal/toilet or urinal |
|Fitness center, spas, karate, dance, exercise∞ |50 gal/100 ft2 of floor space used by clientele |
| |Food preparation not included |
|Recreational park, State park, county park, and other similar |10 gal/parking space |
|facilities with no sports facilities | |
|Outdoor sports facilities, mini golf, batting cages, driving |250 gal/toilet or urinal, 5 gal/seat, or 10 gal/parking space, whichever is |
|ranges, motocross, athletic park, ball fields, stadium, and |greater |
|other similar facilities |Food preparation not included |
|Auditorium, theater, amphitheater, drive-in theater |2 gal/seat or 10 gal/parking space, whichever is greater |
| |Food preparation not included |
|Swimming pools and bathhouses |5 gal/person domestic waste only, bathing load of pool may be used as an |
| |alternative method of sizing |
|Sports facilities courts or other similar facilities |250 gal/toilet or urinal or 50 gal/court, whichever is greater |
|Institutions | |
|Church or other religious institution* |2 gal/seat sanctuary only |
| |3 gal/seat with warming kitchen in same structure as sanctuary |
| |5 gal/seat with full kitchen in same structure as sanctuary |
|Public or private assembly halls used for recreation, regularly |2 gal/person with toilets and hand sinks |
|scheduled meetings, events, or amusement∞* |3 gal/person with addition of a warming kitchen |
|For churches, flow shall be in addition to sanctuary structure |5 gal/person with full kitchen |
|flow | |
|Schools | |
|Day schools* |6 gal/student with no cafeteria or gymnasium |
| |9 gal/student with cafeteria only |
| |12 gal/student with cafeteria and gymnasium |
|After school program |5 gal/student in addition to flow for regular school day |
|Boarding schools |60 gal/student and resident employee with laundry |
* Facility has potential to generate HSE.
∞Designer shall use the maximum building occupancy assigned by the local fire marshal in calculating DDF unless another method for determining DDF is proposed, including the justification for not using the maximum building occupancy.
(c) The minimum DDF from any facility other than a dwelling unit shall be 100 gpd. For facilities with multiple design units, the minimum DDF shall be 100 gpd per design unit. The DDF of the facility shall be the sum of all design unit flows.
(d) DDF determination for wastewater systems with facilities not identified in this Rule shall be determined using available water use data, capacity of water-using fixtures, occupancy or operation patterns, and other measured data from the facility itself or a comparable facility.
(e) Where laundry is not specified for a facility in Table II, but is proposed to be provided, the DDF shall be adjusted to account for the proposed usage and machine water capacity. The applicant or a licensed professional shall provide cut-sheets for laundry machines proposed for use in facilities.
(f) HVAC unit or ice machine condensate, gutter or sump pump discharge, water treatment system back flush lines, or similar incidental flows shall not discharge to the wastewater system, unless a PE designs the wastewater system for these flows.
(g) Unless otherwise noted in Table II, the DDF per unit includes employees.
(h) Food service facilities and other facilities that are projected to generate wastewater with constituent levels greater than DSE, as defined in Rule .0402 of this Section, are identified in Table II with a single asterisk (*) as HSE. Any facility that has a food service component that contributes 50 percent or more of the DDF shall be considered to generate HSE. Determination of wastewater strength shall be based on projected or measured levels of one or more of the following: BOD, TSS, FOG, or TN. Table III of Rule .0402(a) of this Section identifies the constituent limits for DSE.
(i) Wastewater with constituents other than those listed in Table III of Rule .0402(a) of this Section may be classified as IPWW as defined in G.S. 130A-334(2a) on a site-specific basis.
(j) A request for an adjusted DDF shall be made in accordance with Rule .0403 of this Section.
History Note: Authority G.S. 130A-335(e); S.L. 2013-413, s.34; S.L. 2014-120, s. 53;
Eff. January 1, 2024.
15A NCAC 18E .0402 SEPTIC TANK EFFLUENT CHARACTERISTICS
(a) Septic tank effluent standards for DSE shall be as set forth in Table III of this Paragraph. Effluent that exceeds these standards for any constituent shall be considered HSE. When measured, effluent characteristics shall be based on at least two effluent samples collected during normal or above-normal operating periods. A normal period is when the occupancy, operation, or use of the facility is average when compared to the occupancy, operation, or use over a time frame of a minimum of one year. The samples shall be taken from the existing or a comparable facility on non-consecutive days of operation. A comparable facility is based on documentation showing that the hours of operation, floor plan, water use practices, water-using fixtures, location, etc., are similar to the facility listed in the application. The samples shall be analyzed for a minimum of BOD5, TSS, TN, and FOG.
Table III. Septic tank effluent standards for DSE
|Constituent |Maximum DSE |
| |mg/L |
|BOD |≤ 350 |
|TSS |≤ 100 |
|TN* |≤ 100 |
|FOG |≤ 30 |
*TN is the sum of TKN, nitrate nitrogen, and nitrite nitrogen
(b) Designs for facilities that generate HSE or when an adjusted DDF is proposed in accordance with Rule .0403 shall address the issue of wastewater strength in accordance with one of the following:
(1) Wastewater systems that meet one of the following criteria shall utilize advanced pretreatment, designed in accordance with Rule .1201(b) of this Subchapter, to produce DSE or better prior to dispersal:
(A) DDF greater than 1,500 gpd and HSE;
(B) any proposed flow reduction in accordance with Rule .0403 of this Section where the DDF is greater than 1,500 gpd; or
(C) any proposed flow reduction in accordance with Rule .0403 of this Section with projected or measured effluent characteristics that exceed DSE as set forth in Table III of this Rule; or
(2) A licensed professional, in accordance with G.S. 89C, 89E, or 89F, may justify not using advanced pretreatment by providing the following, as applicable:
(A) the system design is determined based upon a mass loading adjusted LTAR calculated using site-specific LTAR and projected or measured BOD5 and TSS values. The adjusted LTAR calculations shall be done as follows:
MLAF = 300/(BOD5 + TSS) or one, whichever is smaller
ALTAR = MLAF x LTAR
Where MLAF = mass loading LTAR adjustment factor
BOD5 = measured or projected
TSS = measured or projected
LTAR = LTAR assigned by the authorized agent for DSE in
accordance with this Subchapter
ALTAR = adjusted LTAR
(B) site-specific nitrogen migration analysis when projected or measured effluent total nitrogen levels are greater than 100 mg/L. Analysis shall demonstrate that the nitrate-nitrogen concentration at the property line will not exceed 10 mg/L; and
(C) additional pretreatment to reduce FOG to less than or equal to 30 mg/L, including justification for the proposed pretreatment method.
(c) The requirements of Paragraph (b) shall not apply if the effluent for a specific facility identified in Rule .0401 of this Section as HSE has been measured in accordance with Paragraph (a) of this Rule and shown to be DSE.
History Note: Authority G.S. 130A-335(e); S.L. 2013-413, s. 34; S.L. 2014-120, s. 53;
Eff. January 1, 2024.
15A NCAC 18E .0403 ADJUSTMENTS TO DESIGN DAILY FLOW
(a) The authorized agent or the Department shall approve an adjusted DDF relative to the values in Table II of Rule .0401(b) of this Section for new or existing facilities in accordance with this Rule. The water use information provided to support the proposed adjusted DDF shall meet the requirements of Paragraphs (b) or (c) of this Rule and may be provided by the owner, designer, or PE. All adjustments to DDF shall meet the requirements of Paragraph (d) of this Rule.
(b) Adjustments to DDF based on documented data from the facility or a comparable facility, as described in Rule .0402(a) of this Section, shall meet one of the following criteria:
(1) the submitted data shall consist of a minimum of 12 consecutive monthly total water consumption readings, and 30 consecutive daily water consumption readings taken during a projected normal or above normal wastewater flow month. A normal or above normal month is when the average flow equals or exceeds the mean of the 12 consecutive monthly total water consumption readings. The following calculations shall be done with the submitted data:
(A) a hydraulic peaking factor shall be calculated by dividing the highest monthly flow of the 12 monthly readings by the sum of the 30 consecutive daily water consumption readings. The hydraulic peaking factor shall not be less than one; and
(B) the adjusted DDF shall be calculated by multiplying the numerical average of the greatest 10 percent of the daily readings by the hydraulic peaking factor; or
(2) the adjusted DDF shall be calculated by multiplying the highest of the 12 monthly readings by 1.5 and then dividing by the number of days in the month.
(c) Adjustments to DDF based on the proposed use of extreme water-conserving fixtures, which use less water that the fixtures required by the North Carolina Plumbing Code, shall be based upon the capacity of fixtures and documentation of the amount of flow reduction to be expected from their use in the proposed facility. Cut sheets of the proposed fixtures shall be provided to the LHD and the Department, as applicable.
(d) The proposed adjusted DDF shall account for projected increased constituent concentrations due to the reduction in water use. Calculations shall be provided to verify that the criteria in Rules .0402 and .1201 of this Subchapter are met.
(e) Pursuant to S.L. 2013-413, s.34, as revised by S.L. 2014-120, s.53, a PE may propose an adjusted DDF for new or existing dwelling units or facilities identified in Table II of Rule .0401(b) of this Section in accordance with the following:
(1) DDF less than those listed in Rule .0401 of this Section that are achieved through engineering design that utilizes low-flow fixtures and low-flow technologies;
(2) comparison of flow from proposed fixtures and technologies to flow from conventional fixtures and technologies;
(3) the signed and sealed proposal shall account for the site-specific impact on the wastewater system based on projected increased constituent concentrations resulting from reduction in water use in accordance with Rule .0402(b) of this Section;
(4) inspection of the existing wastewater system and verification that the system meets the Rules of this Subchapter and can accept the increase in constituent loading, as applicable;
(5) proposed adjusted DDF for wastewater systems determined to be less than or equal to 3,000 gpd shall not require Department review in accordance with Rule .0302(e) of this Subchapter unless requested by the LHD; and
(6) neither the Department nor any LHD shall be liable for any damages caused by a system approved or permitted in accordance with this Paragraph.
(f) A PE may propose, and the Department shall approve an adjusted DDF for a facility made up of individual dwelling units in accordance with this Rule when the following criteria are met:
(1) DDF calculated in accordance with this Section is greater than 3,000 gpd;
(2) adjusted DDF is based on information in Paragraphs (b) or (c) of this Rule; and
(3) increase in wastewater strength is accounted for in accordance with Paragraph (d) of this Rule.
(g) Adjusted DDF based upon use of water-conserving fixtures shall apply only to design capacity requirements of the dosing system and dispersal fields. The DDF set forth in Rule .0401 of this Section shall be used to determine minimum tank and advanced pretreatment component capacities.
History Note: Authority G.S. 130A-335(e); S.L. 2013-413, s. 34; S.L. 2014-120, s. 53;
Eff. January 1, 2024.
section .0500 – soil and site evaluation
15A NCAC 18E .0501 SITE EVALUATION
(a) Upon receipt of an application, an authorized agent shall investigate each proposed site in accordance with this Section to determine whether the site is suitable or unsuitable for the installation of a wastewater system. The field investigation shall include the evaluation of the following soil and site features with written field descriptions including:
(1) topography, slope, and landscape position;
(2) soil morphology:
(A) depth of horizons;
(B) texture;
(C) structure;
(D) consistence;
(E) color; and
(F) organic soils, as applicable;
(3) SWC;
(4) soil depth;
(5) restrictive horizons;
(6) the suitability for each profile description;
(7) LTAR; and
(8) available space.
(b) Soil profiles shall be evaluated at the site by borings, pits, or other means of excavation, and described to reflect variations in soil and site characteristics across both initial and repair areas.
(c) Soil profiles shall be evaluated and described to the following minimum depths:
(1) 48 inches from the ground surface; or
(2) to a LC determined in accordance with this Section.
(d) Owners may be required to provide pits when necessary for evaluation of the site as determined by the authorized agent, such as for evaluation of saprolite or soil structure.
(e) Based on the evaluation of the soil conditions and site features listed in Paragraph (a) of this Rule, each soil profile shall be classified suitable or unsuitable. The authorized agent shall specify the overall site suitability and classification in accordance with Rule .0509 of this Section.
(f) The authorized agent shall specify the LTAR in accordance with Section .0900 of this Subchapter for sites classified suitable in accordance with Rule .0509 of this Section.
(g) A LC initially classified unsuitable may be reclassified suitable if the requirements of Rule .0509(b) or (c) of this Section are met.
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
15A NCAC 18E .0502 TOPOGRAPHY AND LANDSCAPE POSITION
(a) Uniform stable slopes less than or equal to 65 percent shall be suitable with respect to topography.
(b) The following shall be unsuitable with respect to topography:
(1) slopes greater than 65 percent; and
(2) areas subject to surface water convergence. The site shall be considered suitable when the surface water can be diverted from the site with berms or other surface water diversion devices;
(c) The following shall be unsuitable with respect to landscape position:
(1) depressions, except when with site modifications in accordance with Rule .0910 of this Subchapter, the site complies with the requirements of this Section;
(2) a jurisdictional wetland as determined by the U.S. Army Corps of Engineers or DEQ, unless the proposed use is approved in writing by the U.S. Army Corps of Engineers or DEQ; and
(3) complex slope patterns, such as areas affected by erosion which have rills or evidence of drainage, and slopes dissected by gullies that prohibit the design, installation, maintenance, monitoring, or repair of the wastewater system.
(d) For all sites, except where a drip dispersal system is proposed, additional required soil depth based on slope correction shall be calculated using the following formula to determine site suitability for soil depth in accordance with Rule .0505 of this Section:
SD = MSD + (TW x S)
Where SD = soil depth required with slope correction, in inches
MSD = minimum soil depth, in inches
TW = proposed trench width, in inches
S = percent slope, in decimal form
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
15A NCAC 18E .0503 SOIL MORPHOLOGY
The soil morphology shall be evaluated in accordance with the following:
(1) Texture – The texture of each soil horizon in a profile shall be classified into 12 soil textural classes based upon the relative proportions of sand, silt, and clay sized mineral particles. The soil textural class shall be determined in the field by hand texturing samples of each soil horizon in the soil profile in accordance with the criteria in Guide to Soil Texture by Feel, Journal of Agronomic Education, USDA, NRCS. Table IV identifies the Soil Groups that shall be suitable with respect to texture.
Table IV. Soil Groups that are suitable with respect to texture
|Soil Group |USDA Soil Textural Class |
|I |Sands |Sand |
| | |Loamy Sand |
|II |Coarse Loams |Sandy Loam |
| | |Loam |
|III |Fine Loams |Silt |
| | |Silt Loam |
| | |Sandy Clay Loam |
| | |Clay Loam |
| | |Silty Clay Loam |
|IV |Clays |Sandy Clay |
| | |Silty Clay |
| | |Clay |
Laboratory testing of the soil textural class may be substituted for field testing when the laboratory testing is conducted in accordance with ASTM D6913 and D7928. When laboratory testing of soil texture is proposed, the LHD shall be notified a minimum of 48 hours before samples are to be taken by the licensed professional, if required by G.S. 89C, 89E, or 89F. The authorized agent and the licensed professional shall be present when the samples are collected. Samples shall be representative of the soil horizon being evaluated for texture. Split samples shall be made available to the LHD when requested. The licensed professional shall document chain of custody and seal, sign, and date the first page of the report.
(2) Structure – Soil structure shall be determined in the field for each soil horizon in the soil profile and shall be classified and suitability determined in accordance with Table V. If an authorized agent determines that the soil structure cannot be determined from auger borings, pits shall be required.
Table V. Soil structure and associated suitability classification
|Structure |Diameter |Classification |
|Granular |N/A |suitable |
|Blocky |≤ 1 inch or 2.5 cm |suitable |
| |> 1 inch or 2.5 cm |unsuitable |
|Platy |N/A |unsuitable |
|Prismatic |≤ 2 inches or 5 cm |suitable |
| |> 2 inches or 5 cm |unsuitable |
|Absence of structure: Single |N/A |suitable |
|Grain | | |
|Absence of Structure: Massive - |N/A |unsuitable |
|no structural peds | | |
(3) Clay Mineralogy – Clay mineralogy shall be determined in the field by evaluation of moist and wet soil consistence in accordance with the USDA-NRCS Field Book for Describing and Sampling Soils. The clay mineralogy shall be classified and suitability determined in accordance with Table VI.
Table VI. Clay mineralogy field method results, associated mineralogy, and suitability classification
|Soil Consistence |Mineralogy |Classification |
|Moist |
|Loose, very friable |Slightly expansive |suitable |
|Friable, firm |Slightly expansive |suitable |
|Very firm or extremely firm |Expansive |unsuitable* |
|Wet |
|Nonsticky, slightly sticky |Slightly expansive |suitable |
|Nonplastic, slightly plastic | | |
|Moderately sticky |Slightly expansive |suitable |
|Moderately plastic | | |
|Very sticky or very plastic |Expansive |unsuitable* |
*If either the moist consistence or wet consistence is unsuitable then clay mineralogy is classified unsuitable.
(a) Laboratory testing of ACEC may be substituted for field testing to determine clay mineralogy. The laboratory testing shall be conducted in accordance with USDA-NRCS Soil Survey Laboratory Information Manual, Soil Survey Investigations Report No. 45, and Kellogg Soil Survey Laboratory Methods Manual, Soil Survey Investigation Report No. 42, page 229, or EPA Method 9080. Table VII shall be used to determine the clay mineralogy suitability when laboratory testing is used. When using laboratory testing to determine clay mineralogy, the clay content of the soil shall be greater than 35 percent and the organic matter component shall be less than 0.5 percent.
Table VII. Clay mineralogy laboratory method results, mineralogy, and associated suitability classification
|ACEC in cmol/kg |Mineralogy |Classification |
|≤ 16.3 |Slightly expansive |suitable |
|> 16.3 |Expansive |unsuitable |
(b) When laboratory testing of clay mineralogy is proposed, the LHD shall be notified a minimum of 48 hours before samples are to be taken by the licensed professional, if required by G.S. 89C, 89E, or 89F. The authorized agent and the licensed professional shall be present when the samples are collected. Samples shall be representative of the soil horizon being evaluated for clay mineralogy. Split samples shall be made available to the LHD when requested. The licensed professional shall document chain of custody and seal, sign, and date the first page of the report.
(4) Organic Soils - Organic soils shall be considered unsuitable.
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
15a ncac 18E .0504 SOIL WETNESS CONDITION
(a) SWC, such as those caused by a seasonal high-water table, a perched water table, tidal water, seasonally saturated soil, or by lateral water movement, shall be determined by field observations of soil wetness indicators as follows:
(1) the presence of colors with a value 4 or more and a chroma 2 or less using the Munsell Soil Color Book at greater than or equal to two percent of soil volume as redox depletions or as the matrix of a horizon. Colors of chroma 2 or less that are lithochromic features shall not be considered indicative of a SWC; or
(2) the observation or indication of saturated soils, a perched water table, or lateral water movement flowing into a bore hole, monitoring well, or open excavation above a less permeable horizon, that may occur without the presence of colors with a value 4 or more or chroma 2 or less at greater than or equal to two percent of soil volume as redox depletions or as the matrix of a horizon.
(3) The shallowest depth to SWC determined in this Paragraph shall be used.
(b) Initial site suitability as to SWC shall be determined by field observations of soil wetness indicators in accordance with Paragraph (a) of this Rule. Sites where the SWC is less than 12 inches below the naturally occurring soil surface, or less than 18 inches if more than six inches of Group I soils are present, shall be considered unsuitable with respect to SWC.
(c) Monitoring or modeling procedures as set forth in this Rule may be used to reclassify the site as suitable with respect to SWC.
(d) Monitoring or modeling procedures as set forth in this Rule shall be required when the owner proposes to use a wastewater system requiring a greater depth to a SWC than the depth observed by soil wetness indicators in accordance with Paragraph (a) of this Rule.
(e) Modeling procedures as set forth in this Rule shall be required when the owner proposes to use sites with Group III or IV soils within 36 inches of the naturally occurring soil surface with artificial drainage, or on sites when fill is proposed to be used in conjunction with an artificial drainage system.
(f) Monitoring or modeling procedures may include the following:
(1) direct monitoring procedure as set forth in Paragraph (g) of this Rule;
(2) modeling procedure as set forth in Paragraph (h) of this Rule;
(3) monitoring and modeling procedure as set forth in Paragraph (i) of this Rule; or
(4) other modeling procedures as set forth in Paragraph (j) of this Rule.
(g) The direct monitoring procedure involves determining the SWC by observation of water surface elevations in wells during periods of high-water in accordance with the following:
(1) no later than 30 days prior to the start of the monitoring period, the owner shall notify the LHD of the intent to monitor water surface elevations by submitting a proposal prepared by a licensed professional, if required in G.S. 89C, 89E, or 89F, that includes a site plan, well and soil profile at each monitoring site, and a monitoring plan as follows:
(A) the site plan shall include the proposed sites for wastewater systems, the longitude and latitude of the site, the location of monitoring wells, and all drainage features that may influence the SWC. The site plan shall also specify any proposed fill and drainage modifications;
(B) the monitoring plan shall include the proposed number, installation depth, screening depth, soil and well profile, materials, and installation procedures for each monitoring well. A minimum of three water level monitoring wells shall be installed for water surface observation at each site. Sites handling systems with a DDF greater than 600 gpd shall have one additional well per 600 gpd increment. Well locations shall include portions of the initial and repair dispersal field areas containing the most limiting soil and site conditions. The monitoring plan shall also provide for monitoring of the water surface elevations in the wells and all precipitation at the site; and
(C) notification of whether the owner or a licensed professional will perform the monitoring, including the name of the licensed professional, if applicable.
(2) prior to installation of the monitoring wells, the authorized agent shall approve the plan. Plan approval shall be based upon a site visit and compliance with this Rule. If the plan is denied, a signed, written report shall be provided to the owner that describes the reasons for denial, the changes necessary for approval of the plan, and notice of the right to appeal under G.S. 130A-24 and 150B;
(3) wells shall extend a minimum of five feet below the naturally occurring soil surface, or existing ground surface for existing fill determined in accordance with Rule .0909(d) of this Subchapter, except that wells that extend down only 40 inches from the ground surface may be used if a continuous record of the water table is provided for a minimum of half of the monitoring period. One or more shallower wells may be required on sites where shallow lateral water movement or a perched SWC is anticipated based on the site investigation;
(4) the water elevation in the monitoring wells shall be recorded daily from January 1 to April 30, taken at the same time during the day, plus or minus three hours. Rain gauges shall be located within two miles of the site. Daily rainfall measurements shall also be recorded from December 1 through April 30; and
(5) the most recent information available from the SCO shall be used to determine the recurrence frequency of the total amount of rainfall at the site for the 120-day period ending April 15 based upon the site's historic rainfall record. This shall be done when the 120-day cumulative rainfall for the monitoring period ending on April 15 equals or exceeds the site's historic rainfall for the same period with a 30 percent frequency. The recurrence frequency shall be determined with one of the following methods:
(A) the licensed professional shall determine the 120-day SPI for April 15 by using the Integrated Water Portal located on the SCO's website at: . The licensed professional shall click on the map pixel that corresponds closest to the site's location. The Department will assist in obtaining this information upon request; or
(B) the recurrence frequency of the site's cumulative precipitation for the 120-day monitoring period ending on April 15 shall be determined for the site on a case-by-case basis from the most recent master grid provided to the Department by the SCO. The master grid contains probability distribution parameters that shall be used by the Department based upon guidance from the SCO. Based on the master grid, the Department shall derive the recurrence frequency values for the grid point that corresponds closest to the site's latitude and longitude.
(6) The SWC shall be determined by the shallowest level that is continuously saturated for the number of consecutive days during the January through April well monitoring period shown in Table VIII as follows:
TABLE VIII. Rainfall SPI and exceedance probability during monitoring season related to number of consecutive days of continuous saturation
|April 15 SPI 120-day range |Recurrence frequency range |Number of consecutive days of continuous |
| |120-day cumulative April 15 rainfall |saturation for SWC |
|SPI -0.543 to 0 |30% to 49.9% duration |3 days or 72 hours |
|SPI 0 to 0.545 |50% to 69.9% duration |6 days or 144 hours |
|SPI 0.546 to 0.864 |70% to 79.9% duration |9 days or 216 hours |
|SPI ≥ 0.865 |80% to 100% duration |14 days or 336 hours |
(7) If monitoring well data is collected during monitoring periods that span multiple years, the year that yields the shallowest SWC shall apply.
(h) The modeling procedure may be used to determine SWC by using DRAINMOD, a groundwater simulation model, to predict daily water levels over a minimum 30-year period using site-specific input parameters as outlined in the DRAINMOD User's Guide. The SWC shall be determined as the shallowest level predicted by DRAINMOD to be saturated for a 14-day continuous period between January 1 and April 30 with a recurrence frequency of 30 percent, an average of a minimum of nine years in 30, and in accordance with the following:
(1) weather input files shall consist of hourly rainfall and daily temperature data collected over the entire period of record but for a minimum of a 30-year period from a measuring station site, such as the National Weather Service or SCO. The measuring station used shall be the station located closest to the owner's site;
(2) soil and site inputs for DRAINMOD shall include the following:
(A) soil input file with the soil moisture characteristic curve and data for the soil profile that is closest to the described soil profile that is present on the site;
(B) soil horizon depths determined on site;
(C) site measured or proposed drain depth and spacing, and drain outlet elevation;
(D) in-situ Ksat measurements for a minimum of three representative locations on the site and at each location for the three most representative soil horizons within five feet of the surface. In-situ Ksat measurements shall be for one representative soil horizon at or above redoximorphic depletion features and two representative soil horizons at and below redoximorphic concentration features at each location on the site;
(E) all other model parameters based upon the DRAINMOD User's Guide; and
(F) a sensitivity analysis shall be conducted for the following model parameters: soil input files for a minimum of two other most closely related soil profiles; in-situ Ksat of each horizon; drain depth and spacing; and surface storage and depth of surface flow inputs.
The sensitivity analysis shall be used to evaluate the range of soil and site characteristics for choosing input parameters related to the soil profiles, Ksat input values based upon the range of in-situ Ksat values measured on the site, and inputs for surface and subsurface drainage features based upon the range of possible elevations and distances that occur or may occur after installation of improvements. The sensitivity analysis shall establish which parameters are most critical for determination of the depth to SWC. Conservative values for the most critical parameters shall be used in applying the model to the site;
(3) for sites designed to receive over 600 gpd, the SWC determination using DRAINMOD shall take into consideration the impact of wastewater application on the projected water table surface; and
(4) the groundwater simulation analysis shall be prepared and submitted to the LHD by licensed professionals, if required in G.S. 89C, 89E, or 89F, qualified to use DRAINMOD by training and experience. The LHD shall submit the groundwater simulation analysis to the Department for technical review prior to approval of the SWC determination.
(i) The monitoring and modeling procedure is a combination of the direct monitoring procedure and the modeling procedure. The SWC shall be determined as the shallowest level predicted by DRAINMOD to be saturated for a 14-day continuous period between January 1 and April 30 with a recurrence frequency of 30 percent, an average of a minimum of nine years in 30, and in accordance with the following:
(1) the procedures set forth in Paragraph (g) shall be used to monitor water surface elevation and precipitation. The rain gauges and monitoring wells required by Subparagraph (g)(4) shall use a recording device and a data file that is DRAINMOD compatible. The recording devices shall record rainfall hourly or daily and well water levels daily. The data file shall be submitted with the report to the LHD;
(2) DRAINMOD shall be used to predict daily water levels. The DRAINMOD modeling shall be in accordance with the following:
(A) weather input files shall be developed from daily temperature and hourly or daily rainfall data collected over a minimum 30-year period from a measuring station, such as the National Weather Service or SCO. The measuring station used shall be the station located closest to the site. Daily maximum and minimum temperature data for the December 1 through April 30 monitoring period shall be obtained from the closest available weather station;
(B) soil and site inputs for DRAINMOD, including a soils data file closest to the soil series identified, depths of soil horizons, in-situ Ksat of each horizon, depth and spacing of drainage features, and depression storage shall be selected in accordance with procedures outlined in the DRAINMOD User's Guide;
(C) inputs shall be based upon site-specific soil profile descriptions. Soil and site input factors shall be adjusted during the model calibration process to achieve the best possible fit as indicated by the least squares analysis of the daily observations over the whole monitoring period and to achieve the best possible match between the shallowest water table depth during the monitoring period that is saturated for 14 consecutive days, measured vs. predicted. The mean absolute deviation between measured and predicted values shall be no greater than six inches during the monitoring period;
(D) for sites intended to receive greater than 1,500 gpd, the SWC determination using DRAINMOD shall take into consideration the impact of wastewater application on the projected water table surface; and
(E) the DRAINMOD analysis shall be prepared and submitted to the LHD by licensed professionals, if required in G.S. 89C, 89E, or 89F, qualified to use DRAINMOD by training and experience. The LHD or owner may request a technical review by the Department prior to approval of the SWC determination.
The monitoring and modeling procedure may also be used to re-evaluate a SWC that was previously evaluated by the direct monitoring procedure.
(j) Modeling procedures other than those set forth in this Rule may be used to determine SWC upon approval by the Department. Other modeling procedures shall be approved if the following requirements are met:
(1) the modeling procedures use daily water levels or weather records over a 30-year period to predict future daily water levels;
(2) the proposed model and prediction are shown to be as accurate as the prediction from DRAINMOD, calculated in accordance with Paragraph (h) of this Rule; and
(3) documentation is provided in accordance with Rule .0509(c) of this Section.
(k) A report of the investigations made for the direct monitoring procedure, modeling procedure, or monitoring and modeling procedure in accordance with Paragraphs (g), (h), or (i) of this Rule shall be prepared prior to approval of the SWC determination. A request for technical review of the report by the Department shall include digital copies of monitoring data, model inputs, output data, and graphic results, as applicable.
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
15A NCAC 18E .0505 SOIL DEPTH
(a) The soil depth shall be measured from the naturally occurring soil surface to rock, saprolite, or parent material.
(b) Soil depth to saprolite, rock, or parent material greater than or equal to 18 inches shall be suitable.
(c) Soil depth to saprolite, rock, or parent material less than 18 inches shall be unsuitable.
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
15A NCAC 18E .0506 SAPROLITE
(a) Sites classified unsuitable due to depth to saprolite or other LC may be reclassified suitable in accordance with this Rule.
(b) Sites with saprolite shall be classified as suitable if an investigation of the site using pits at locations approved by the authorized agent confirms that the following conditions are met:
(1) a 24-inch minimum vertical separation shall be maintained in saprolite from the infiltrative surface to an unsuitable LC, unless any of the vertical separation consists of a suitable soil horizon, in which case, the 24-inch separation may be calculated based on one inch of suitable soil being equivalent to two inches of saprolite; and
(2) the following physical properties and characteristics shall be present in the saprolite below the proposed infiltrative surface:
(A) the saprolite texture as determined in the field by hand texturing samples of each horizon shall be sand, loamy sand, sandy loam, loam, or silt loam;
(B) the clay mineralogy shall be suitable in accordance with Rule .0503(3) of this Section;
(C) greater than two-thirds of the saprolite by volume shall have a moist consistence of loose, very friable, friable, or firm;
(D) the saprolite wet consistence shall be nonsticky or slightly sticky and nonplastic or slightly plastic;
(E) the saprolite shall be in an undisturbed, naturally occurring state;
(F) the saprolite shall have no open and continuous joints, quartz veins, or fractures relic of parent rock; and
(G) laboratory determinations may be used to supplement field determinations. Split samples shall be made available to the LHD.
History Note: Authority G.S. 130A-335(e); S.L. 2015-147, s. 3;
Eff. January 1, 2024.
15A NCAC 18E .0507 RESTRICTIVE HORIZONS
(a) Soils in which restrictive horizons are three inches or more in thickness and at depths greater than or equal to 18 inches below the naturally occurring soil surface shall be suitable.
(b) Soils in which restrictive horizons are three inches or more in thickness and at depths less than 18 inches below the naturally occurring soil surface shall be unsuitable.
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
15A NCAC 18E .0508 AVAILABLE SPACE
(a) Sites shall have available space to allow for the installation of the initial wastewater system and repair area for a system identified or approved in Sections .0900, .1500, or .1700 of this Subchapter. The available space provided shall meet all required setbacks in Sections .0600 or .1200 of the Subchapter and provide access to the wastewater system for operation and maintenance activities. A site with sufficient available space shall be suitable.
(b) If the site does not have available space for both an initial wastewater system and repair area it shall be unsuitable.
(c) The repair area requirement of Paragraph (a) of this Rule shall not apply to a lot or tract of land which meets the following:
(1) described in a recorded deed or a recorded plat on January 1, 1983;
(2) insufficient size to satisfy the repair area requirement of Paragraph (a) of this Rule, as determined by the authorized agent;
(3) DDF is no more than 480 gallons for a single-family dwelling unit or a single facility; and
(4) the proposed facility will generate DSE.
(d) Although a lot or tract of land may be exempt from the repair area requirement under Paragraph (c) of this Rule, the authorized agent shall determine if there is any available space for the repair area. The authorized agent shall determine the maximum feasible repair area available, and that repair area shall be specified on the IP, CA, and OP.
(e) If a site meets any of the following criteria, a repair area shall be required, even if the site is exempt from the repair area requirement of Paragraph (c) of this Rule:
(1) proposed increase in flow or wastewater strength to an existing facility permitted under the exemption of Paragraph (c) of this Rule; or
(2) any new initial wastewater system is proposed on a lot or tract of land on which the exemption in Paragraph (c) of this Rule was previously utilized.
(f) Notwithstanding the criteria for when a repair area is required in accordance with Paragraph (e) of this Rule, a site shall remain exempt from the repair area requirements of Paragraph (a) of this Rule when all of the following conditions are met:
(1) an owner submits an application to the LHD for an increase in flow to an existing facility permitted in accordance with Paragraph (c) of this Rule and the facility DDF remains less than or equal to 480 gpd of DSE;
(2) there is sufficient available space for the existing system to be modified pursuant to the Rules of this Subchapter;
(3) the site for the existing system complies with the Rules of this Subchapter and the existing system is not malfunctioning in accordance with Rule .1303(a)(2) of this Subchapter; and
(4) the conditions set forth in Paragraph (d) of this Rule are met.
(g) Prior to the issuance of the IP, the proposed dispersal field shall be field located and staked on-contour, as applicable, to verify that initial and repair wastewater systems can be installed in the area delineated. The dispersal field may be installed level but off contour if an authorized agent has determined that there is sufficient vertical separation to a LC along the entire trench length in accordance with Rule .0901(g)(2) of this Subchapter.
(h) The initial and repair area shall not be altered so that the wastewater system specified on the IP, CA, and OP cannot be installed and function as permitted.
History Note: Authority G.S. 130A-335(e) and (f); S.L. 2015-147, s. 1;
Eff. January 1, 2024.
15A NCAC 18E .0509 SITE SUITABILITY AND CLASSIFICATION
(a) A site evaluated in accordance with Rules .0502 through .0508 of this Section with all parameters determined as suitable shall result in an overall site classification of suitable. Any parameter determined as unsuitable shall result in an overall site classification of unsuitable.
(b) Sites classified as unsuitable may be reclassified as suitable as follows:
(1) when site modifications are made that meet the requirements in Sections .0900 or .1200 of this Subchapter for the minimum vertical separation to the SWC;
(2) if installation of an interceptor drain will intercept and divert lateral water to prevent saturation of the wastewater system;
(3) with the use of advanced pretreatment based on the modified siting and sizing criteria in Section .1200 of this Subchapter; or
(4) with the use of a wastewater system identified or approved in Sections .0900 or .1700 of this Subchapter.
(c) For sites that are classified as unsuitable in accordance with this Rule, a special site evaluation in accordance with Rule .0510 of this Section may be provided that demonstrates that the proposed wastewater system can be expected to overcome the unsuitable site conditions and function in accordance with this Subchapter.
(d) An IP shall not be issued for a site which is classified unsuitable.
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
15A NCAC 18E .0510 SPECIAL SITE EVALUATIONS
(a) A special site evaluation shall demonstrate that the proposed use of the site with a specific wastewater system design and configuration will not result in effluent discharge to the ground surface or contravention of groundwater or surface water standards. Special site evaluations shall be performed by a licensed professional, if required in G.S. 89C, 89E, or 89F.
(b) The owner may submit a special site evaluation for a site classified as unsuitable as set forth in Rule .0509 of this Section to an authorized agent. The special site evaluation shall include written documentation and demonstrate that the proposed wastewater system can be expected to overcome the unsuitable site conditions and function in accordance with this Subchapter.
(c) Any site that is proposed with one or more of the following shall require a special site evaluation:
(1) proposal submitted in accordance with Rule .0509(c) of this Section;
(2) sand lined trench systems when the texture of the receiving permeable horizon is sandy loam or loam and the DDF is greater than 600 gpd, or when the texture of the receiving permeable horizon is silt loam;
(3) DSE drip dispersal systems meeting the following soil and site conditions:
(A) depth from the naturally occurring soil surface to any LC is greater than or equal to 18 inches and the LTAR is proposed to exceed 0.5 gpd/ft2 for Group I, 0.35 gpd/ft2 for Group II, or 0.2 gpd/ft2 for Group III soils;
(B) depth from the naturally occurring soil surface to any SWC is less than 18 inches and the LTAR is proposed to exceed 0.5 gpd/ft2 for Group I, 0.3 gpd/ft2 for Group II, or 0.15 gpd/ft2 for Group III soils;
(C) Group IV soils are encountered within 18 inches of the naturally occurring soil surface or within 12 inches of the infiltrative surface, whichever is deeper, and the LTAR is proposed to exceed 0.05 gpd/ft2;
(D) Group IV soils are encountered within 18 inches of the naturally occurring soil surface and the depth from the naturally occurring soil surface to any LC is less than 24 inches;
(E) Group IV soils are encountered within 18 inches of the naturally occurring soil surface and the driplines are installed in new fill material;
(F) groundwater lowering system is used to comply with soil depth and vertical separation requirements to a SWC;
(G) proposed LTAR exceeds that assigned by the LHD; or
(H) DDF is greater than 1,500 gpd;
(4) advanced pretreatment systems meeting the following soil and site conditions:
(A) vertical separation to a LC is proposed to be reduced. The vertical separation to rock or tidal water shall not be reduced to less than 12 inches;
(B) less than 18 inches of naturally occurring soil to a LC, excluding SWC;
(C) increased LTAR is proposed for a site with Group III or IV soils within three feet of the infiltrative surface;
(D) increased LTAR is proposed for a site with Group II or III soils that requires a groundwater lowering system;
(E) proposed use of a groundwater lowering system to comply with vertical separation requirements to a SWC;
(F) bed systems located beneath the advanced pretreatment unit on a site with uniform slope exceeding two percent except in Group I soils with a SWC greater than 36 inches;
(G) bed systems with a DDF greater than 1,500 gpd; or
(H) increased LTAR is proposed on a site with a DDF greater than 1,500 gpd;
(5) drip dispersal systems and Group IV soils are within 18 inches of the naturally occurring soil surface or within 12 inches of the infiltrative surface, whichever is deeper, and the LTAR is proposed to exceed 0.1 gpd/ft2 for NSF/ANSI 40, 0.12 gpd/ft2 for TS-I, or 0.15 gpd/ft2 for TS-II;
(6) NSF/ANSI 40 and drip dispersal systems when the LTAR is proposed to exceed 0.8 gpd/ft2 for Group I soils, 0.5 gpd/ft2 for Group II soils, 0.25 gpd/ft2 for Group III soils, or 0.1 gpd/ft2 for Group IV soils;
(7) TS-I and drip dispersal systems which meet the following criteria:
(A) site has less than 18 inches of naturally occurring soil to any unsuitable LC;
(B) Group III soils are present and a groundwater lowering system is used to comply with the vertical separation requirements to a SWC;
(C) Group IV soils are encountered within 18 inches of the naturally occurring soil surface, the LTAR is proposed to exceed 0.05 gpd/ft2, and the system is proposed to be installed in new fill; or
(D) LTAR is proposed to exceed 1.0 gpd/ft2 for Group I soils, 0.6 gpd/ft2 for Group II soils, 0.3 gpd/ft2 for Group III soils, or 0.12 gpd/ft2 for Group IV soils;
(8) TS-II and drip dispersal systems which meet the following criteria:
(A) Subparagraphs (7)(A), (B), or (C) of this Rule; or
(B) LTAR is proposed to exceed 1.2 gpd/ft2 for Group I soils, 0.7 gpd/ft2 for Group II soils, 0.4 gpd/ft2 for Group III soils, or 0.15 gpd/ft2 for Group IV soils;
(9) site-specific nitrogen migration analysis is required to verify that the nitrate-nitrogen concentration at the property line will not exceed groundwater standards;
(10) LHD or Department determines that the combination of soil conditions, site topography and landscape position, DDF, system layout, and proposed stormwater appurtenances will potentially result in hydraulic overload; or
(11) DDF greater than 3,000 gpd, unless the requirements of Rule .0302(f) of this Subchapter are met.
(d) The special site evaluation shall include hydrologic or hydraulic testing, as applicable, and analysis, in accordance with Rule .0304(2)(b) of this Subchapter.
(e) For wastewater systems with a DDF greater than 3,000 gpd, the special site evaluation shall include sufficient site-specific data to predict the height of the water table mound that will develop beneath the field on level sites and the rate of lateral and vertical flow away from the trenches on sloping sites, unless the conditions in Paragraph (f) of this Rule are met. The data submitted may include deep soil borings to an impermeable layer or to a depth to support the hydrologic testing and modeling, permeability, in-situ Ksat measurements, water level readings, and other information determined to be necessary by the LHD or the Department, such as the impact of projected wastewater constituents on the trench and receiving soil. The site shall be considered unsuitable if the data indicate any of the following:
(1) the groundwater mound that will develop beneath the site cannot be maintained two feet or more below the bottom of the trenches;
(2) effluent is likely to become exposed on the ground surface; or
(3) contaminant transport analysis indicates that groundwater standards established in accordance with 15A NCAC 02L are determined or projected to be violated at the property line.
(f) For wastewater systems with a DDF greater than 3,000 gpd and dispersal fields designed for less than or equal to 1,500 gpd, in-situ Ksat measurements and groundwater mounding or lateral flow analysis shall not be required if a special site evaluation demonstrates that the dispersal fields are in separate lateral flow windows or are shown to not be hydraulically connected.
(g) The Department shall review the special site evaluation if requested by the LHD or if required in accordance with Rule .0302(e) of this Subchapter.
History Note: Authority G.S. 89E; 89F; 130A-335(a1), (e), and (f);
Eff. January 1, 2024.
section .0600 – location of wastewater systems
15A NCAC 18E .0601 LOCATION OF WASTEWATER SYSTEMS
(a) Every wastewater system shall be located the minimum setbacks from the site features specified in Table IX. The setback shall be measured on the ground surface, unless otherwise specified in this Rule, from the nearest wastewater system component sidewall or as otherwise specified in a system specific rule or PIA Approval.
TABLE IX. Minimum setbacks from all wastewater systems to site features
|Site Features |Setback in feet |
|Any transient or non-transient non-community water supply well, community well, |100 |
|shared water supply well, well that complies with 15A NCAC 18A .1700, or water | |
|supply spring | |
|A private drinking water well or upslope spring serving a single family dwelling |50 |
|unit | |
|Any other well or source not listed in this table, excluding monitoring wells |50 |
|Surface waters classified WS-I, from ordinary high-water mark |100 |
|Waters classified SA, from mean high-water mark |100 |
|Any Class I or Class II reservoir, from normal water level |100 |
|Lake or pond, from normal water level |50 |
|Any other stream, non-water supply spring, or other surface waters, from the |50 |
|ordinary high-water mark | |
|Tidal influenced waters, such as marshes and coastal waters, from mean high-water|50 |
|mark | |
|Permanent stormwater retention basin, from normal water level |50 |
|Any water line, unless the requirements of Paragraph (i) have been met |10 |
|Closed loop geothermal wells |15 |
|Building foundation and deck supports |5 |
|Patio, porch, stoop, lighting fixtures, or signage, including supporting |1 |
|structures such as posts or pilings | |
|Any basement, cellar, or in-ground swimming pool |15 |
|Buried storage tank or basin, except stormwater |10 |
|Above ground swimming pool and appurtenances that require a building permit |5 |
|Top of slope of embankment or cuts of two feet or more vertical height with a |15 |
|slope greater than 50 percent | |
|Top of slope of embankment or cuts of two feet or more vertical height with a |15 |
|slope greater than 33 percent and less than or equal to 50 percent | |
| |If the site has suitable soil depth that |
| |extends for a minimum horizontal distance of |
| |15 feet from the edge of the dispersal field,|
| |no minimum setback is required. |
|Top of slope of embankment or cuts of two feet or more vertical height with a |0 |
|slope less than 33 percent | |
|Groundwater lowering system, as measured on the ground surface from the edge of |25 |
|the feature | |
|Downslope interceptor drains and surface water diversions with a vertical cut of |15 |
|more than two feet, as measured on the ground surface from the edge of the | |
|feature | |
|Upslope and sideslope interceptor drains and surface water diversions with a |10 |
|vertical cut of more than two feet, as measured on the ground surface from the | |
|edge of the feature | |
|A stormwater collection system as defined in 15A NCAC 02H .1002(48), excluding |10 |
|gutter drains that connect to a stormwater collection system, with a vertical cut| |
|of more than two feet as measured from the center of the collection system | |
|Bio-retention area, injection well, infiltration system, or dry pond |25 |
|Any other dispersal field, except designated dispersal field repair area for |20 |
|project site | |
|Any property line |10 |
|Burial plot or graveyard boundary |10 |
|Above ground storage tank from dripline or foundation pad, whichever is more |5 |
|limiting | |
|Utility transmission and distribution line poles and towers, including guy wires,|5 |
|unless a greater setback is required by the utility company | |
|Utility transformer, ground-surface mounted |5 |
|Underground utilities |5 |
(b) Wastewater systems may be located closer than 100 feet but never less than 50 feet from water supply wells or an upslope spring for repairs, space limitations, and other site-planning considerations when one of the following conditions is met:
(1) the well was constructed prior to July 1, 1993, in accordance with 15A NCAC 18A .1720; or
(2) a variance for a reduced well setback has been issued in accordance with one of the following:
(A) 15A NCAC 02C .0118 for a shared water supply well, a wastewater system permitted or installed in saprolite, or for a transient non-community public water supply well; or
(B) 15A NCAC 18C .0203(b) for a non-transient non-community public water system.
(c) Wastewater systems shall not be located closer than 100 feet to springs, uncased wells, and ungrouted wells used as a source of drinking water and located downslope from the dispersal field.
(d) Underground utilities maintain a five-foot setback and shall not encroach on the wastewater system and repair area.
(e) The reduced setbacks in Table X shall apply to septic tanks and pump tanks if a leak test has been performed at the job site on the septic tank and pump tank in accordance with Rule .0805 of this Subchapter that verifies the tank, pipe penetrations, and riser connections are watertight.
TABLE X. Reduced setbacks for tanks to some site features
|Site Features |Setback in feet |
|Permanent stormwater retention basin, from normal water level |35 |
|Bio-retention area, injection well, infiltration system, or dry pond |15 |
|Groundwater lowering system, as measured on the ground surface from the edge of |15 |
|the feature | |
|Any water line |5 |
|A stormwater collection system as defined in 15A NCAC 02H .1002(48), excluding |5 |
|gutter drains that connect to a stormwater collection system, with a vertical cut| |
|of more than two feet as measured from the center of the collection system | |
(f) No minimum setback shall be required from a well that has been permanently abandoned in accordance with 15A NCAC 02C .0113 and for which a record of abandonment has been submitted in accordance with 15A NCAC 02C .0114.
(g) Initial and repair dispersal field systems shall not be located under impervious surfaces or areas subject to vehicular traffic unless approved in accordance with G.S. 130A-343 and Section .1700 of this Subchapter.
(h) If a collection sewer is installed under areas subject to vehicular traffic or areas subject to soil disturbance or compaction, one of the following pipe materials shall be used:
(1) DIP;
(2) a minimum of Schedule 40 PVC, Polyethylene, or ABS pipe sleeved in DIP;
(3) a minimum of Schedule 40 PVC, Polyethylene, or ABS pipe sleeved in DOT traffic rated culvert pipe;
(4) a minimum of Schedule 40 PVC, Polyethylene, or ABS pipe with 30 inches of compacted material provided over the crown of the pipe; or
(5) other pipe materials may be proposed when designed, inspected, and certified by a PE and approved by the LHD.
(i) In addition to the requirements of Paragraph (a) of this Rule, wastewater systems with a proposed DDF greater than 3,000 gpd, as determined in Rule .0401 of this Subchapter, shall be located the minimum setbacks from the site features in Table XI.
TABLE XI. Minimum setbacks from wastewater systems greater than 3,000 gpd to site features
|Feature |Setback in feet |
|Any Class I or II reservoir or any public water supply source utilizing a |500 |
|shallow, under 50 feet, groundwater aquifer, from feature or normal water level | |
|Any other public water supply source, unless a confined aquifer |200 |
|Any private drinking water well or upslope spring, unless a confined aquifer |100 |
|Surface water classified WS- I, from ordinary high-water mark |200 |
|Surface waters classified WS-II, WS-III, B, or SB, from mean high-water mark or |100 |
|ordinary high-water mark | |
|Waters classified SA, from mean high-water mark |200 |
|Any property line |25 |
(j) Wastewater systems with a DDF greater than 3,000 gpd that meet the requirements of Rule .0510(f) of this Subchapter may use the setbacks identified in Table IX of this Rule.
(k) Collection sewers shall be located the minimum setbacks to site features shown in Table IX, unless a different minimum setback is specified in Table XII. When a reduced setback to a collection sewer is utilized, the piping requirements for the reduced setback shall be extended to comply with the unreduced setback. The distribution device shall receive the reduced setback when demonstrated to be watertight with an on-site leak test.
TABLE XII. Minimum setbacks from collection sewers to site features
|Feature |Setback in feet |
|Any public water supply source, including wells, springs,|100 |
|and Class I or Class II reservoirs, from feature or | |
|normal water level | |
| |50, if constructed of or sleeved in Schedule 80 PVC or DIP with |
| |mechanical joints equivalent to water main standards, and the |
| |collection sewer is leak tested and shown to be watertight* |
|Any water supply well excluding those regulated under 15A|50 |
|NCAC 18C | |
| |25, if constructed of Schedule 40 pressure rated PVC or DIP with |
| |mechanical joints equivalent to water main standards, and the |
| |collection sewer is leak tested and shown to be watertight* |
| |15, if constructed of Schedule 80 PVC, sleeved in DIP or Schedule |
| |80 PVC, and the collection sewer is leak tested and shown to be |
| |watertight* |
|Surface waters classified WS-I, WS-II, WS-III, B, SA, or |50 |
|SB, from mean high-water mark or ordinary high-water mark| |
| |10, if constructed of or sleeved in Schedule 80 PVC or DIP with |
| |mechanical joints equivalent to water main standards, and the |
| |collection sewer is leak tested and shown to be watertight* |
|Any other stream, non-water supply spring, or other |10 |
|surface waters, from the ordinary high-water mark | |
|Tidal influenced waters, such as marshes and coastal |10 |
|waters, from mean high-water mark | |
|Closed loop geothermal wells |5 |
|Any service connection as defined in 15A NCAC 18C |5 |
|.0102(c)(21) | |
|Any basement, cellar, or in-ground swimming pool |10 |
|Top of slope of embankment or cuts of two feet or more |5 |
|vertical height with a slope greater than 50 percent | |
|Interceptor drains and surface water diversions, with a |5 |
|vertical cut of more than two feet as measured on the | |
|ground surface from the edge of the diversion | |
|Permanent stormwater retention basin, from normal water |10 |
|level | |
|Bio-retention area, injection well, infiltration system, |5 |
|or dry pond | |
|Any other dispersal field, except designated dispersal |5 |
|field repair area for project site | |
|Any property line |5 |
|Burial plot or graveyard boundary |5 |
*Pipe materials other than DIP, Schedule 40 pressure rated PVC, or Schedule 80 PVC shall be acceptable when the materials conform to materials, testing methods, and acceptability standards meeting water main standards and when the line has been designed, installed, inspected, and certified by a PE and approved by the LHD.
(l) The minimum setback from water lines to collection sewers shall be 10 feet, except as follows:
(1) the water line is laid in a separate trench with the elevation of the bottom of the water line 18 inches above the top of the collection sewer; or
(2) the water line is laid in the same trench as the collection sewer with the water line located on one side of the trench, on a bench of undisturbed earth and with the elevation of the bottom of the water line 18 inches above the top of the collection sewer. The collection sewer shall be located the width of the trench from the water line.
(m) Collection sewers and water lines shall not cross, except as follows:
(1) 18 inches clear vertical separation is maintained, with the collection sewer crossing under the water line; or
(2) the water line crosses under the collection sewer or 18 inches clear vertical separation is not maintained and the following criteria are met:
(A) the collection sewer is constructed of DIP with joints equivalent to water main standards and extends 10 feet on each side of the point of crossing, with full sections of pipe centered at the point of crossing; and
(B) the water line is constructed of ferrous materials with joints equivalent to water main standards and extends a minimum of 10 feet on each side of the point of crossing, with full sections of pipe centered at the point of crossing.
(n) Collection sewers shall not cross storm drains, except as follows:
(1) 12 inches clear vertical separation is maintained between the collection sewer and storm drain;
(2) the collection sewer is constructed of DIP with mechanical joints or restrained push-on joints equal to water main standards; or
(3) the collection sewer is encased in concrete or DIP for a minimum of five feet on either side of the crossing.
(o) Collection sewers shall not cross under a stream, except as follows:
(1) a minimum of 36 inches of separation from the stream bottom is maintained;
(2) the collection sewer is constructed of DIP with mechanical joints or restrained push-on joints equal to water main standards; or
(3) the collection sewer is encased in concrete or DIP for a minimum of 10 feet on either side of the crossing and protected against the normal range of high and low water conditions, including the 100-year flood or wave action.
(p) Collection sewer aerial crossings shall be constructed of DIP with mechanical joints or restrained push-on joints equal to water main standards and freeze protected. Pipe shall be anchored for a minimum of 10 feet on either side of the crossing.
(q) If septic tanks, pump tanks, grease tanks, raw sewage lift stations, wastewater treatment plants, sand filters, and other advanced pretreatment systems are located in areas subject to flooding at a frequency greater than a 10-year storm, they shall be designed and installed to be watertight and to remain operable during all flooding events.
History Note: Authority G.S. 130A-334; 130A-335(e) and (f); S.L. 2019-215, s. 2;
Eff. January 1, 2024.
15A NCAC 18E .0602 APPLICABILITY OF SETBACKS
(a) The minimum setback requirements in Table IX of Rule .0601(a) of this Section for SA waters, basements, property lines, and cuts of two feet or more vertical height, shall not apply to the installation of a single wastewater system serving a single-family residence with a maximum DDF of 480 gpd on a lot or tract of land that meets the following requirements:
(1) on July 1, 1977, is described in a deed, contract, other instrument conveying fee title, or in a recorded plat;
(2) is of insufficient size to satisfy the minimum setback requirements in Table IX of Rule .0601(a) of this Section for SA waters, basements, property lines, and cuts of two feet or more vertical height of this Section on July 1, 1977; and
(3) cannot be served by a community or public sewerage system on the date system construction is proposed to begin.
(b) For those lots or tracts of land described in Paragraph (a) of this Rule, the maximum feasible setback shall be required, but shall not be less than the minimum setbacks in Table XIII.
TABLE XIII. Minimum setbacks from wastewater systems to specific site features on lots described in this Rule
|Feature |Minimum setback in feet |
|SA waters from mean high-water mark |50 |
|Basement |8 |
|Property line |5 |
|Cuts of two feet or more vertical height |5 |
(c) For wastewater systems installed in Group I soils on lots or tracts of land that meet the requirements of Paragraph (a) of this Rule, the wastewater system shall be located the maximum feasible distance but no less than 10 feet from any other wastewater system.
(d) For wastewater systems installed on lots or tracts of land which, on July 1, 1982, are specifically described in a deed or recorded plat, and the wastewater system cannot meet the minimum setbacks in Table IX of Rule .0601(a) of this Section for groundwater lowering systems, the wastewater system shall be located the maximum feasible horizontal distance but no less than 10 feet from the groundwater lowering system.
(e) Any local board of health ordinances in effect on June 30, 1977, which establish greater minimum setback requirements than those provided for in this Section, shall remain in effect and shall apply to a lot or tract of land to which Table IX of Rule .0601(a) of this Section does not apply.
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
section .0700 – collection sewers, Raw Sewage Lift Stations, SEPTIC TANK EFFLUENT PUMP SYSTEMS, and Pipe Materials
15A NCAC 18E .0701 COLLECTION SEWERS
(a) Collection sewers shall be designed and constructed in accordance with the following criteria:
(1) Building drains and building sewers shall be in accordance with the North Carolina Plumbing Code and approved by the local building inspector.
(2) Pipe material shall be specified to comply with the applicable ASTM standards based on pipe material.
(3) Gravity sewers shall be designed to maintain minimum scour velocities of two feet per second with the pipe half full and one foot per second at the peak projected instantaneous flow rate. Force mains shall be sized to obtain a minimum two-foot per second scour velocity at the projected pump operating flow rate.
(4) Infiltration and exfiltration shall not exceed 100 gpd per inch diameter per mile of gravity sewer pipe or 20 gpd per inch diameter per mile of pressure pipe in force mains and supply lines.
(5) Collection sewers shall be buried three feet deep, except as provided for in Rule .0601(h)(4) of this Subchapter.
(6) Ferrous material pipe or other pipe designed and bedded for traffic-bearing loads shall be provided where collection sewers are subject to vehicular traffic.
(7) Manholes shall be used for gravity collection sewers at any bend, junction, and a maximum of every 425 feet along the collection sewer. Drop manholes shall be required where the inlet to outlet elevation difference exceeds two and one half feet. Manhole lids shall be watertight if located below the 100-year flood elevation, within 100 feet of any public water system source, or within 50 feet of any private water system source or any surface waters classified WS-I, WS-II, WS-III, SA, SB, or B.
(8) Cleanouts may be used instead of manholes for four-inch and six-inch sewers serving one or two design units, or as otherwise allowed by the North Carolina Plumbing Code. Cleanouts shall be required a maximum of every 100 feet for four or six-inch sewers and at all junctions and bends which exceed 45 degrees, unless otherwise allowed by the North Carolina Plumbing Code.
(9) Air relief valves shall be provided as needed for force mains when the length exceeds 1,000 feet or for intermediate high points that exceed five feet.
(10) Collection sewers may require additional ventilation provisions, such as a stand pipe, based on length, size, and location.
(b) STEP systems may be used as an alternative to gravity collection sewers.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .0702 RAW SEWAGE LIFT STATIONS
(a) Raw sewage lift stations permitted by the LHD shall meet all setbacks for wastewater systems in accordance with Table IX of Rule .0601(a) of this Subchapter.
(b) Raw sewage lift stations shall meet the following design and construction standards:
(1) dual pumps shall be provided for stations serving two or more buildings or for a facility with more than six water closets;
(2) pumps shall be listed by a third-party electrical testing and listing agency, such as Underwriter's Laboratories;
(3) pumps shall be grinder pumps or solids-handling pumps capable of handling a minimum of three-inch spheres. If the raw sewage lift station serves no more than a single water closet, lavatory, and shower, two-inch solids handling pumps shall be acceptable;
(4) minimum pump capacity shall be two and one half times the average daily flow;
(5) raw sewage lift stations serving single buildings shall be designed for pump run times between three to 10 minutes at average daily flow;
(6) pump station emergency storage capacity and total liquid capacity shall be determined in accordance with Rule .0802 of this Subchapter except for a sealed, watertight chamber serving an individual building, in which case a minimum storage capacity of eight hours shall be required; and
(7) all applicable requirements for pump tanks and dosing systems as set forth in Rule .0802 and Section .1100 of this Subchapter shall apply to raw sewage lift stations.
(c) A raw sewage lift station that is a sealed, watertight chamber shall meet the setback requirements for collection sewers in Rule .0601(k) of this Subchapter. Sealed, watertight chambers shall be a single prefabricated unit with a sealed top lid, and preformed inlet and outlet pipe openings connected with solvent welds, O-ring seals, rubber boots, stainless steel straps, or equivalent.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .0703 PIPE MATERIALS
(a) The gravity pipe between a septic tank, gravity distribution device, and the dispersal field shall be a minimum of three-inch Schedule 40 PVC, Schedule 40 polyethylene, or Schedule 40 ABS.
(b) Three-inch or greater non-perforated polyethylene corrugated tubing, PVC SDR 21 and SDR 26 pressure rated at 160 psi or greater and labeled as compliant with ASTM D2241, PVC SDR 35 gravity sewer pipe rated as compliant with ASTM D3034, or alternative non-perforated pipe materials described in Paragraph (d) of this Rule, may be substituted for Schedule 40 between the distribution device and the dispersal field when the following minimum installation criteria are met:
(1) the pipe is placed on a compacted, smooth surface free of indentations or clods at a uniform grade, and with an excavation width of one foot;
(2) the pipe is placed in the middle of the excavation with three inches of clearance between the pipe and the walls;
(3) a washed gravel or crushed stone envelope is placed in the excavation on both sides of the pipe and to a point two inches above the top of the pipe;
(4) six inches of soil is placed and compacted over the stone or gravel envelope; and
(5) earthen dams consisting of two feet of undisturbed or compacted soil are located at both ends of the excavation separating the trench from the distribution device.
(c) All pipe joints from the septic tank to the dispersal field shall be watertight. Solvent cement-joints shall be made in a two-step process with primer manufactured for thermoplastic piping systems and solvent cement conforming to ASTM D2564.
(d) Pipe used for gravity distribution laterals shall be corrugated plastic tubing complying with ASTM F667 or smooth-wall plastic pipe complying with ASTM D2729 or ASTM F810. The pipe shall be marked as complying with ASTM standards. The corrugated tubing or smooth-wall pipe shall have three rows of holes, each hole between one-half inch and three-fourths inches in diameter and spaced longitudinally approximately four inches on centers. The rows of holes may be equally spaced 120 degrees on centers around the pipe periphery, or three rows may be located in the lower portion of the tubing, the outside rows being approximately on 120-degree centers. The holes may be located in the same corrugation or staggered in adjacent corrugations. Other types of pipe may be used for laterals provided the pipe satisfies the requirements of this Rule and is approved by the Department.
(e) Pump discharge piping, including the force main to the next component in the wastewater system, shall be of Schedule 40 PVC or stronger material and pressure rated for water service at a minimum of 160 psi or two times the maximum operating pressure, whichever is greater. The pipe shall meet ASTM D1784, ASTM D1785, and ASTM D2466.
(f) Pipe materials other than those identified in this Rule may be proposed when designed and certified by a PE, including any installation and testing procedures. Gravity pipe materials shall be shown to comply with the requirements of Paragraphs (a), (b), and (c) of this Rule. Alternative pressure rated pipe materials shall be constructed of PVC, polyethylene, or other pressure rated pipe and conform to applicable ASTM standards for pipe material and methods of joining. The proposed pipe shall be installed per ASTM D2774. Installation testing shall include a hydrostatic pressure test similar to pressure testing required for water mains for any line exceeding 500 feet in length and shall comply with the requirements of Rule .0701(a)(4) of this Section.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
section .0800 – tank capacity, leak testing, and installation requirements
15A NCAC 18E .0801 SEPTIC TANK CAPACITY REQUIREMENTS
(a) Minimum liquid capacities for septic tanks shall be in accordance with the following:
(1) The minimum capacity of any septic tank shall be 1,000 gallons unless otherwise provided for in this Rule.
(2) The minimum capacity of any septic tank serving an individual dwelling unit with five bedrooms or less shall be sized as set forth in Table XIV.
TABLE XIV. Minimum septic tank liquid capacity for dwelling units
|Number of bedrooms |Minimum liquid capacity in |
| |gallons |
|4 or less |1,000 |
|5 |1,250 |
(3) Septic tanks for dwelling units greater than five bedrooms, multiple dwelling units, places of business, or places of public assembly shall be sized in accordance with Table XV.
(4) The minimum septic tank capacity serving two or more dwelling units shall be 1,500 gallons.
TABLE XV. Septic tank capacity for facilities not listed in Table XIV
|Design daily flow in gpd (Q) |Minimum septic tank liquid capacity (V) |
| |calculation in gallons |
|Q ≤ 600 |V = 2Q |
|600 < Q < 1,500 |V = 1.17Q + 500 |
|1,500 ≤ Q ≤ 4,500 |V = 0.75Q + 1,125 |
|Q > 4,500 |V = Q |
(5) Septic tanks for RWTS and PIA Systems shall be sized in accordance with the RWTS or PIA Approval, pursuant to Sections .1500 and .1700 of this Subchapter.
(b) The minimum liquid capacity requirements of Paragraph (a) of this Rule shall be met by use of a single two compartment tank or by two tanks installed in series. The tanks in series may be constructed with or without a baffle wall. Each tank shall have a minimum liquid capacity of 1,000 gallons.
(c) When a grinder pump or sewage lift pump is installed prior to the septic tank, the required septic tank liquid capacity as set forth in this Rule shall be doubled. The minimum liquid capacity may be met by installing two or more septic tanks in series, each tank containing two compartments. The minimum liquid capacity of each tank shall be 1,000 gallons.
(d) The Department shall review other septic tanks designed to receive wastewater from grinder pumps or sewage lift pumps if designed by a PE to ensure that effluent discharged from the septic tank meets DSE as set forth in Table III of Rule .0402(a) of this Subchapter.
(e) An effluent filter approved in accordance with Rule .1404 of this Subchapter shall be in the outlet of the final compartment of the septic tank.
(f) When two or more tanks are used in series in accordance with Paragraphs (b) or (c) of this Rule, the following conditions shall be met:
(1) the outlet of the initial tank shall consist of an outlet sanitary tee extending down 25 to 50 percent of the liquid depth; and
(2) an approved effluent filter shall be in the outlet of the final compartment.
History Note: Authority G.S. 130A-334; 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .0802 PUMP TANK CAPACITY REQUIREMENTS
(a) The minimum pump tank liquid capacity shall be greater than or equal to the required septic tank liquid capacity as set forth in Rule .0801 of this Section.
(b) For a flow equalization system, the minimum pump tank capacity shall be based upon the sum of the volumes of the following parameters:
(1) volume is sufficient to ensure pump submergence or as recommended by the pump manufacturer;
(2) minimum dose volume in accordance with Rule .1101(d) of this Subchapter;
(3) flow equalization storage; and
(4) emergency storage capacity in accordance with Paragraph (e) of this Rule.
(c) An alternate minimum pump tank liquid capacity may be proposed by the authorized designer or PE to the LHD based upon the sum of the volumes of the following parameters:
(1) volume is sufficient to ensure pump submergence or as recommended by the pump manufacturer;
(2) minimum dose volume in accordance with Rule .1101(d) of this Subchapter;
(3) flow equalization storage, if applicable; and
(4) emergency storage capacity in accordance with Paragraph (e) of this Rule.
(d) A PE may propose an alternative design to the LHD to calculate the minimum pump tank liquid capacity required. The alternative method shall provide documentation of pump submergence, dose volume capacity, emergency storage capacity, and flow equalization storage, as applicable. The LHD shall approve the alternative design upon a showing that all required storage capacity is accounted for in the wastewater system without reducing the required septic tank or grease tank capacities specified in Rules .0801 and .0803 of this Section.
(e) The pump tank emergency storage capacity requirement shall be determined based on the following criteria and Table XVI:
(1) type of facility served;
(2) classification of surface waters that would be impacted by a pump tank failure; and
(3) availability of standby power devices and emergency maintenance personnel.
TABLE XVI. Pump tank emergency storage capacity requirements
|Facility Type |Surface Water |Standby Power and Emergency Maintenance Personnel |Emergency Storage Capacity |
| |Classification of |Provisions |Period Requirement |
| |Watershed | | |
|Residential systems |WS-I, WS-II, WS-III, |No standby power |24 hours |
|and other systems in |SA, SB, and B waters | | |
|full time use | | | |
| | |Manually activated standby power and telemetry |12 hours |
| | |contacting a 24-hour maintenance service | |
| | |Automatically activated standby power and telemetry |4 hours |
| | |contacting a 24-hour maintenance service | |
| |All other surface |No standby power |12 hours |
| |waters or no surface | | |
| |waters | | |
| | |Manually activated standby power and telemetry |8 hours |
| | |contacting a 24-hour maintenance service | |
| | |Automatically activated standby power and telemetry |4 hours |
| | |contacting a 24-hour maintenance service | |
|Non-residential |All surface waters |No standby power |12 hours |
|systems not in | | | |
|full-time use and all | | | |
|other systems | | | |
| | |Manually activated standby power and telemetry |8 hours |
| | |contacting a 24-hour maintenance service | |
| | |Automatically activated standby power and telemetry |4 hours |
| | |contacting a 24-hour maintenance service | |
(f) Telemetry shall be demonstrated to be operational to the authorized agent and the Management Entity prior to issuance of the OP.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .0803 GREASE TANK CAPACITY REQUIREMENTS
(a) Grease tanks or grease tanks used with grease traps shall be required for food preparation facilities, food processing facilities, and meat markets; churches, institutions, and places of public assembly that include a full kitchen; and other facilities expected to generate FOG levels that are higher than DSE as defined in Table III of Rule .0402(a) of this Subchapter. The grease tank shall be plumbed to receive all wastes associated with food handling, preparation, and cleanup. No toilet wastes shall be discharged to a grease tank.
(b) The minimum grease tank liquid capacity shall be 1,000 gallons or as calculated by one of the following, whichever is greater:
(1) five gallons per meal served per day;
(2) equal to the required septic tank liquid capacity calculated in accordance with Rule .0801 of this Section; or
(3) equal to the capacity as determined in accordance with the following:
GLC = D x GL x ST x HR/2 x LF
Where GLC = grease tank liquid capacity, in gallons
D = number of seats in dining area
GL = gallons of wastewater per meal: 1.5 single-service or 2.5 multiuse
ST = storage capacity factor = 2.5
HR = number of hours open
LF = loading factor: 1.25 if along an interstate highway; 1.0 if along US
Highway or recreational areas; or 0.8 if along other roads
(c) When the required minimum grease tank capacity for a facility is less than or equal to 1,500 gallons, the grease tank may be a single tank with two compartments and a minimum 2:1 length to width ratio.
(d) When the required minimum grease tank capacity for a facility is greater than 1,500 gallons, the grease tank shall have a minimum 4:1 length to width ratio and four compartments. This requirement can be met by two or more tanks in series. When this requirement is met by having two or more tanks in series, each tank in the series shall have a minimum liquid capacity of 1,000 gallons and a minimum 2:1 length to width ratio.
(e) A grease rated effluent filter approved in accordance with Rule .1404 of this Subchapter shall be in the final compartment of the grease tank.
(f) When two or more grease tanks are used in series in accordance with Paragraph (d) of this Rule, the following conditions shall be met:
(1) an approved grease rated effluent filter shall be in the final compartment; and
(2) the outlet of the initial tank shall consist of a sanitary tee extending down 40 to 60 percent of the liquid depth.
(g) The grease tank liquid capacity requirements set forth in this Rule may be reduced by up to 50 percent when used in conjunction with a grease trap located inside the facility. The system shall be designed by a PE, if required by G.S. 89C, and approved by the Department when review of documentation provided by the PE and manufacturer demonstrate that the grease trap is projected to reduce FOG concentration by at least 50 percent.
(h) Grease traps and grease tanks shall be maintained by a septage management firm permitted in accordance with G.S. 130A-291.1, and the contents disposed of in accordance with 15A NCAC 13B .0800.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .0804 SIPHON TANK CAPACITY REQUIREMENTS
Siphon tanks shall be sized to provide the minimum dose requirements of Rule .1101(d) of this Subchapter, plus three inches of freeboard above the siphon trip level.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .0805 TANK LEAK TESTING AND INSTALLATION REQUIREMENTS
(a) All tanks installed under the following conditions shall be leak tested:
(1) when a SWC is present within four feet of the elevation of the top of a mid-seam pump tank;
(2) with advanced pretreatment when required in the RWTS or PIA Approval;
(3) when required in the approved plans and specifications for a wastewater system designed by a PE;
(4) when the tank is constructed in place; or
(5) as required by the authorized agent based upon site or system specific conditions, such as misaligned seams, exposed reinforcement, or damage observed that may have occurred during transport or installation.
(b) Tanks subject to leak testing in accordance with Paragraph (a) of this Rule shall be leak tested using either a hydrostatic test procedure or vacuum test procedure as follows:
(1) The operational procedures to be followed for the hydrostatic test are:
(A) fill tank with water to the outlet invert or pipe, as applicable;
(B) allow the tank to sit for one hour;
(C) tank shall be approved if the water level drops less than or equal to one-eighth inch in one hour;
(D) if a leak is detected, the tank may be repaired in accordance with the tank manufacturer's written instructions, refilled, and retested;
(E) surface wetness or condensation shall not be considered an active water leak; and
(F) the tank manufacturer or installer is allowed one attempt to retest the tank before the authorized agent can deny the tank for use in the installation based on failure to pass the leak test.
(2) The operational procedures to be followed for the vacuum test are:
(A) temporarily seal inlet and outlet pipes and access openings;
(B) using calibrated equipment, draw a vacuum on the empty tank to a negative pressure of two and one half inches of mercury;
(C) hold the vacuum for five minutes and re-measure and record the ending negative pressure inside the tank;
(D) no bracing or internal support that is not part of the approved tank shall be allowed;
(E) tank shall be approved if the difference between the starting negative pressure and the ending negative pressure is less than or equal to one-fifth inch;
(F) if a leak is detected, the tank may be repaired in accordance with the tank manufacturer's written instructions and retested;
(G) the tank manufacturer or installer is allowed one attempt to retest the tank before the authorized agent can deny the tank for use in the installation based on the failure to pass the leak test; and
(H) all tank openings shall be un-sealed after the vacuum test is completed.
(c) Tanks unable to pass a leak test or be repaired to pass a leak test shall be removed from the site and the imprint described in Rule .1402(d)(15) or (e)(8) of this Subchapter marked over.
(d) The septic tank outlet pipe shall be inserted through the outlet pipe penetration boot, creating a watertight joint, and extending a minimum of two feet beyond the septic tank outlet. The pump tank outlet pipe shall be inserted through the outlet pipe penetration boot, creating a watertight joint, or through another watertight joint, such as a rubber grommet, in the pump tank riser.
(e) The septic tank outlet pipe and pump tank outlet pipe shall be placed on undisturbed soil or bedded in accordance with Rule .0703(b) of this Subchapter to prevent differential settling of the pipe. The pipe shall be level for a minimum of two feet after exiting the tank.
(f) The tank shall be installed level. A tank is considered level if the difference between the front and back is plus or minus one inch and the difference from side to side is plus or minus one inch. The tank excavation, bedding, backfill, and compaction shall be in accordance with the tank manufacturer's installation requirements, specifications, and the tank approval.
(g) The tank excavation shall be separated from the dispersal system by at least two feet of undisturbed soil. Piping from the tank to the next component shall be placed on undisturbed soil, compacted soil, or bedded using sand, gravel, stone, or other aggregate.
(h) Effluent filters and risers shall be installed in accordance with the design and construction criteria of Rule .1402(b) and (c) of this Subchapter.
(i) Any system serving a facility with a DDF greater than 3,000 gpd shall have access manholes installed on the tank and extending at a minimum to finished grade. The access manholes shall be designed and maintained to prevent surface water inflow and sized to allow access for routine inspections, operation, and maintenance.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
section .0900 – subsurface dispersal
15A NCAC 18E .0901 GENERAL DESIGN AND INSTALLATION CRITERIA FOR SUBSURFACE DISPERSAL SYSTEMS
(a) Wastewater systems shall be used on sites classified suitable in accordance with Rule .0509 of this Subchapter. The sizing and siting criteria in this Rule shall be based on soil receiving DSE. The site shall meet the following minimum criteria:
(1) 12 inches of naturally occurring soil between the infiltrative surface and any LC; and
(2) 18 inches of separation between the infiltrative surface and any SWC if more than six inches of separation consists of Group I soils.
(b) If any part of the trench or bed media extends above the naturally occurring soil surface, the system shall be a fill system and shall meet the requirements of Rule .0909 of this Section.
(c) The LTAR shall be determined in accordance with the following:
(1) Tables XVII and XVIII shall be used, as applicable;
(2) the LTAR shall be assigned based upon soil textural class or saprolite textural class, as applicable, structure, consistence, SWC, depth, percent coarse rock, landscape position, topography, and system type;
(3) LTARs determined from Table XVII shall be based on the soil textural class of the most limiting, naturally occurring soil horizon to a depth of 12 inches below the infiltrative surface or 18 inches to any SWC if more than six inches of the separation consists of Group I soils;
(4) LTARs determined from Table XVIII shall be based on the saprolite textural class of the most limiting, naturally occurring saprolite to a depth of 24 inches below the infiltrative surface, or less than 24 inches if combined with soil in accordance with Rule .0506(b) of this Subchapter; and
(5) for facilities that generate HSE as specified in Rule .0401(h) of this Subchapter or a facility with a full kitchen, the LTAR shall not exceed the mean rate for the applicable Soil Group.
TABLE XVII. LTAR for wastewater systems based on Soil Group and texture class
|Soil Group |USDA Soil Textural Class |LTAR in gpd/ft2 |
|I |Sands |Sand |0.8 – 1.2 |
| | |Loamy Sand | |
|II |Coarse Loams |Sandy Loam |0.6 – 0.8 |
| | |Loam | |
|III |Fine Loams |Sandy Clay Loam |0.3 – 0.6 |
| | |Silt Loam | |
| | |Clay Loam | |
| | |Silty Clay Loam | |
| | |Silt | |
|IV |Clays |Sandy Clay |0.1 – 0.4 |
| | |Silty Clay | |
| | |Clay | |
TABLE XVIII. LTAR for wastewater systems in saprolite based on Saprolite Group and texture class
|Saprolite Group |Saprolite Textural Class |LTAR in gpd/ft2 |
|I |Sands |Sand |0.6 – 0.8 |
| | |Loamy Sand |0.5 – 0.7 |
|II |Loams |Sandy Loam |0.4 – 0.6 |
| | |Loam |0.2 – 0.4 |
|III |Fine Loams |Silt Loam |0.1 – 0.3 |
| | |Sandy Clay Loam* |0.05 – 0.15 |
* Sandy clay loam saprolite can only be used with advanced pretreatment in accordance with Section .1200 of this Subchapter.
(d) The minimum required infiltrative surface area and trench length shall be calculated in accordance with the following:
(1) the minimum required infiltrative surface area shall be calculated by dividing the DDF by the LTAR;
(2) the minimum trench length shall be calculated by dividing the minimum required infiltrative surface area by the equivalent trench width. The following equation shall be used to calculate the minimum trench length required:
TL = (DDF / LTAR) / ETW
Where TL = trench length, in feet
DDF = design daily flow, in gpd
LTAR = in gpd/ft2
ETW = equivalent trench width, in feet;
(3) the area occupied by step-downs, drop boxes, and supply lines shall not be part of the minimum required infiltrative surface area;
(4) the total trench length required for trench products other than conventional gravel shall be as follows:
(A) for trench products identified in Section .0900 of this Subchapter, the minimum line length shall be calculated in accordance with this Section; or
(B) for trench products approved under Section .1700 of this Subchapter, the minimum line length shall be calculated in accordance with the PIA Approval; and
(5) when HSE is proposed to be discharged to a dispersal field with no advanced pretreatment or has not been reclassified as DSE in accordance with Rule .0402(c) of this Subchapter, a licensed professional, if required in G.S. 89C, 89E, or 89F, shall calculate the adjusted LTAR in accordance with Rule .0402(b)(2) of this Subchapter.
(e) Any dispersal field where cover is required above the naturally occurring soil surface shall not be installed on slopes greater than 30 percent.
(f) Soil cover above the original grade shall be placed over the entire dispersal field and shall extend laterally five feet beyond the trenches. On level sites, the final grade of the dispersal field shall be crowned at one-half percent grade as measured from the centerline of the dispersal field.
(g) Wastewater system installation shall be in accordance with the following criteria:
(1) a device that measures elevation, such as an engineer's level or laser level shall be used for the following:
(A) staking, flagging, or marking on the ground surface the location of trenches on site before installation begins;
(B) installation of the trenches; and
(C) verification of elevations, excavations, and installation of other system components;
(2) trenches shall be installed with 12 inches of naturally occurring suitable soil between the infiltrative surface and any unsuitable LC. If the vertical separation between the infiltrative surface and any SWC is less than 18 inches, and if more than six inches of the separation consists of Group I soils, a pressure dispersal system shall be required;
(3) the trenches shall follow the ground contour. Trenches may be installed level but off contour if an authorized agent has determined that there is sufficient vertical separation to a LC along the entire trench length in accordance with Subparagraph (2) of this Paragraph;
(4) the lateral shall be centered horizontally in the trench;
(5) the type and placement of soil cover shall be approved by the authorized agent in accordance with this Subparagraph. The cover material shall be free of trash, debris, or large clods that do not break apart. The system can be installed utilizing native backfill unless otherwise specified in this Section or the PIA Approval:
(6) final soil cover over the dispersal field shall be a minimum of six inches deep after settling. The finished grade over the tanks and dispersal field shall be sloped to shed surface water;
(7) surface water runoff, including stormwater, gutter drains, or downspouts, shall be diverted away from the wastewater system. No depressions shall be allowed over the dispersal field area;
(8) Schedule 40 PVC or other pipe approved pursuant to Section .0700 of this Subchapter may be used as needed to connect sections of trench and overcome site limitations. The trench bottom area where solid piping is installed shall not be included as part of the minimum required infiltrative surface area;
(9) gravity effluent distribution components including distribution boxes, drop boxes, and flow diversion devices shall be watertight, corrosion resistant, constructed to withstand active and passive loads, and their installation shall meet the following criteria:
(A) separated by a minimum of two feet of undisturbed soil from the septic tank and trench(es);
(B) placed level on a solid foundation of undisturbed soil, pea gravel, or concrete to prevent differential settling of the component; and
(C) backfilled by hand to minimize disturbance;
(10) when parallel distribution is used to distribute effluent to the trenches, the installer shall demonstrate to the authorized agent during the final inspection that the distribution devices perform as designed;
(11) serial and sequential distribution shall be approved by the authorized agent when the step-down or drop box in an individual trench is constructed to allow full utilization of the upstream trench prior to overflowing to the next downslope trench in accordance with the following criteria:
(A) step-downs shall be constructed of a minimum of two feet of undisturbed soil, bedding material, or concrete and the effluent shall be conveyed over the step-down through Schedule 40 PVC or other pipe approved in accordance with Rule .0703 of this Subchapter. The installer shall demonstrate that the step-downs perform as designed. The authorized agent shall approve the step-downs when the installation and elevations have been verified in accordance with the CA; or
(B) drop boxes shall be separated from the trench by a minimum of two feet of undisturbed soil and constructed to allow for full utilization of the upstream trench prior to overflowing to the next lower drop box. The installer shall demonstrate that the drop boxes perform as designed. The authorized agent shall approve the drop boxes when the installation and elevations have been verified in accordance with the CA; and
(12) trench products other than conventional gravel shall be installed as follows:
(A) for trench products identified in Section .0900, the trench products shall be installed in accordance with this Section; or
(B) for trench products approved under Section .1700 of this Subchapter, the trench products shall be installed in accordance with their PIA Approval.
(h) Alternating dual dispersal fields shall only be used with DSE in Soil Groups III and IV. Alternating dual dispersal fields shall be approved when designed and installed in accordance with Paragraph (g) of this Rule and the following:
(1) both initial and repair dispersal fields shall be installed at the same time;
(2) initial and repair dispersal fields of the same system type are each sized at a minimum of 75 percent of the total trench length required;
(3) the initial and repair dispersal fields shall be separated by an effluent flow diversion valve(s);
(4) diversion valve(s) shall be resistant to 500 pounds crushing strength and corrosion resistant;
(5) effluent flow diversion valves shall be installed below finished grade in a valve box and be accessible and operable from the ground surface; and
(6) trench products approved under Section .1700 of this Subchapter shall be installed in accordance with their PIA Approval.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .0902 CONVENTIONAL WASTEWATER SYSTEMS
(a) A conventional wastewater system shall consist of a septic tank and a gravity distribution dispersal field. In addition to the requirements set forth in Rule .0901 of this Section, this Rule shall apply to conventional wastewater systems as defined in G.S. 130A-343.
(b) In addition to the installation requirements set forth in Rule .0901(g) of this Section, the following shall apply:
(1) trenches shall be constructed level in all directions with a plus or minus one-half inch tolerance from side-to-side and the maximum fall in a single trench not to exceed one-fourth inch in 10 feet as determined by a device that measures elevation, such as an engineer's level or laser level;
(2) trenches shall be located not less than three times the trench width on centers. The minimum spacing for trenches is six feet on center;
(3) trench widths shall be at least two feet, but no more than three feet, and trench depth shall not exceed 36 inches on the downslope side of the trench, except as approved by an authorized agent;
(4) aggregate used in trenches shall be clean, washed gravel or crushed stone and graded or sized in accordance with size numbers 4, 5, or 6 of ASTM D448. The aggregate shall be distributed uniformly across the infiltrative surface and over the pipe and placed 12 inches deep with a minimum of six inches below the pipe and two inches over the pipe; and
(5) the laterals shall meet the requirements of Rule .0703(d) of this Subchapter.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .0903 BED SYSTEMS
(a) This Rule shall apply to bed systems receiving DSE.
(b) Bed systems shall be limited to 600 gpd unless approved for a greater DDF in accordance with a PIA Approval.
(c) Sites for bed systems shall meet the following criteria:
(1) soil texture is Group I, II, or III; and
(2) design options for the site are limited by topography or available space.
(d) The number of square feet of infiltrative surface area required shall be increased by 50 percent over that required for a trench system as calculated in accordance with Rule .0901(d) of this Section.
(e) In addition to the installation requirements set forth in Rule .0901(g) of this Section, the following shall apply:
(1) the bottom of the bed shall be excavated level, plus or minus one-half inch, in all directions;
(2) laterals shall be one and one-half feet from the side of the bed;
(3) laterals shall be placed on three-foot centers;
(4) aggregate used shall comply with the requirements of Rule .0902(b)(4) of this Section;
(5) products approved under Section .1700 of this Subchapter shall be installed in accordance with their PIA Approval;
(6) the gravel surface shall be covered by an approved geo-textile fabric capable of preventing the downward movement of soil particles while allowing the movement of liquids and gases; and
(7) when pressure dispersal is used, the lateral design criteria shall meet the minimum requirements of Rules .0907(e) or .0908(d) of this Section or in accordance with a PIA Approval.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .0904 LARGE DIAMETER PIPE SYSTEMS
(a) LDP systems consist of laterals composed of corrugated, polyethylene tubing encased in a nylon and polyester blend filter wrap that are installed in trenches in the dispersal field. The laterals shall be one of the following:
(1) eight-inch inside diameter with a 10-inch outside diameter; or
(2) 10-inch inside diameter with a 12-inch outside diameter.
(b) LDP systems shall only be used with DSE.
(c) LDP pipe, filter wrap, and fittings shall meet the following criteria:
(1) pipe and fittings shall comply with the requirements of ASTM F667;
(2) the corrugated pipe shall have two rows of holes, each hole between three-eighths inch and one-half inch in diameter, located 120 degrees apart along the bottom half of the pipe with each hole 60 degrees from the bottom center line, and staggered so that one hole is present in the valley of each corrugation;
(3) pipe shall be marked with a visible top location indicator, 120 degrees away from each row of holes;
(4) corrugated pipe shall be covered with filter wrap at the factory;
(5) filter wrap shall be spun, bonded, or spunlaced nylon, polyester, or nylon/polyester blend filter wrap meeting the minimum requirements in Table XIX; and
(6) the LDP with filter wrap shall be encased in a black polyethylene sleeve prior to installation in the trench to prevent physical damage and ultraviolet radiation deterioration of the filter wrap.
Table XIX. Minimum filter wrap requirements for LDP
|Property |Value |
|Unit Weight |1.0 ounce per square yard |
|Sheet Grab Tensile Strength |Machine Direction: 23 pounds |
|Trapezoid Tear Strength |Machine Direction: 6.2 pounds |
| |Cross Direction: 5.1 pounds |
|Mullen Burst Strength |40 psi or 276 kilopascals |
|Frazier Air Permeability |500 cubic feet per minute per square foot at |
| |pressure differential of one-half inch of water |
(d) The requirements of Rule .0901 of this Section shall apply to LDP systems except as follows:
(1) the LTAR determined in accordance with Rule .0901(c) of this Section shall not exceed 0.8 gpd/ft2; and
(2) to calculate the minimum trench length in accordance with Rule .0901(d) of this Section, an equivalent trench width of two feet shall be used for eight-inch LDP and two and one-half feet shall be used for 10-inch LDP.
(e) In addition to the requirements set forth in Rule .0901(g) of this Section, LDP system installations shall comply with the following:
(1) trenches for 8-inch LDP shall be a minimum of 10 inches and a maximum of 18 inches wide. Trenches for 10-inch LDP shall be a minimum of 12 inches and a maximum of 24 inches wide;
(2) the infiltrative surface and pipe shall be level with a maximum fall of one inch in 100 feet;
(3) backfill shall have no more than 10 percent by volume of fibrous organics, building rubble, rocks, large clods, or other debris and shall be Soil Groups I, II, or III;
(4) the LDP shall be connected to the collection sewer or a stepdown pipe using an offset adapter to create a mechanical joint; and
(5) the minimum on center spacing for eight-inch LDP shall be five feet and for 10-inch LDP shall be six feet.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .0905 PREFABRICATED PERMEABLE BLOCK PANEL SYSTEMS
(a) PPBPS utilize both horizontal and vertical air chambers in a 16-inch PPBPS and are constructed to promote downline and horizontal distribution of effluent. PPBPS systems shall only be used with DSE.
(b) The requirements of Rule .0901 of this Section shall apply to PPBPS systems except as follows:
(1) the LTAR determined in accordance with Rule .0901(c) of this Section shall not exceed 0.8 gpd/ft2; and
(2) to calculate the minimum trench length in accordance with Rule .0901(d) of this Section, an equivalent trench width of six feet shall be used.
(c) In addition to the requirements set forth in Rule .0901(g) of this Section, PPBPS system installations shall comply with the following and the manufacturer's specifications:
(1) PPBPS trenches shall be located a minimum of eight feet on center or three times the trench width, whichever is greater; and
(2) trench sidewalls shall be raked in Group IV soils.
(d) When used in bed and fill systems, PPBPS shall use the equivalent trench width of six feet to calculate the minimum trench or lateral length required.
(e) When used in sand lined trench systems, PPBPS shall use the equivalent trench width of three feet to calculate the minimum trench length required.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .0906 SAND LINED TRENCH SYSTEMS
(a) Sand lined trench systems receiving DSE may be used on sites originally classified unsuitable due to SWC, soil morphology, restrictive horizon, or soil depth that may be reclassified as suitable in accordance with this Rule when there is a DDF less than or equal to 1,500 gpd.
(b) Sand lined trench systems with advanced pretreatment shall comply with Rule .1205 of this Subchapter.
(c) The soil and site shall meet the following criteria:
(1) the texture of the receiving permeable horizon is sand, loamy sand, sandy loam, loam, or silt loam;
(2) the structure of the receiving permeable horizon is classified suitable;
(3) the moist consistence of the receiving permeable horizon is loose, very friable, friable, or firm;
(4) if the receiving permeable horizon has zones of heavier textured materials, these zones are discontinuous with an average thickness not exceeding one-third of the required thickness of the receiving permeable horizon;
(5) the naturally occurring receiving permeable horizon shall be less than or equal to 60 inches below the naturally occurring soil surface. If the receiving permeable horizon is greater than 60 inches below the naturally occurring soil surface, advanced pretreatment shall be used in accordance with Rule .1205 of this Subchapter;
(6) artificial drainage shall be provided, as needed, to maintain the following minimum vertical separation from the infiltrative surface to a SWC:
(A) 18 inches with gravity or pressure dosed gravity distribution; or
(B) 12 inches with pressure dispersal; and
(7) the minimum required thickness of the receiving permeable horizon shall be determined by the texture of that horizon as follows:
(A) sand or loamy sand texture requires a minimum thickness of one foot;
(B) sandy loam or loam texture requires a minimum thickness of two feet; or
(C) silt loam texture requires a minimum thickness of three feet.
(d) If a groundwater lowering system is required to comply with the minimum vertical separation in Paragraph (c)(6) of this Rule to a SWC that is not related to lateral water movement, design plans and specifications shall be prepared by a licensed professional if required in G.S. 89C, 89E, or 89F. The groundwater lowering system shall:
(1) extend into the receiving permeable horizon;
(2) have an outlet with location and elevation that allows for free discharge of groundwater as required for the groundwater lowering system to be functional. The outlet location and elevation shall be shown on the artificial drainage system plan with relative water level elevations and wastewater system site elevations labeled; and
(3) all groundwater lowering system components are integral to the wastewater system and subject to ownership and control requirements of Rule .0301(b) and (c) of this Subchapter.
(e) The LTAR shall be determined in accordance with Table XX for sand-lined trench systems. The minimum trench length shall be calculated in accordance with Rule .0901(d) of this Section, except that the ETW shall be equal to the installed trench width. The LTAR shall be based on the lesser of the following:
(1) LTAR set forth in Table XX based on the most hydraulically limiting, naturally occurring soils overlying the permeable receiving horizon; or
(2) 10 percent of the in-situ Ksat of the receiving permeable horizon.
TABLE XX. LTAR for sand lined trench systems based on the most hydraulically limiting, naturally occurring soils overlying the permeable receiving horizon
|Soil Group |Texture of Most Hydraulically |Distribution Type |LTAR |
| |Limiting Overlying Soil Horizon| |in gpd/ft2 |
|I |Sands |Gravity or Pressure Dosed Gravity |0.7 – 0.9 |
| | |Pressure Dispersal |0.8 – 1.2 |
|II |Coarse Loams |Gravity or Pressure Dosed Gravity |0.5 – 0.7 |
| | |Pressure Dispersal |0.6 – 0.8 |
|III |Fine Loams |Gravity or Pressure Dosed Gravity |0.2 – 0.4 |
| | |Pressure Dispersal |0.3 – 0.6 |
|IV |Clays |Gravity or Pressure Dosed Gravity |0.1 – 0.2 |
| | |Pressure Dispersal |0.15 – 0.3 |
(f) There shall be no reduction in trench length compared to a conventional wastewater system when Accepted or Innovative gravelless trench product is used.
(g) A special site evaluation in accordance with Rule .0510 of this Subchapter shall be required for the following conditions to field verify the LTAR:
(1) the texture of the receiving permeable horizon is sandy loam or loam and the system DDF is greater than 600 gpd; or
(2) the texture of the receiving permeable horizon is silt loam.
(h) In addition to the requirements set forth in Rule .0901(g) of this Section, sand lined trench system installations shall comply with the following:
(1) gravity trenches shall have a maximum width of three feet and a minimum width of one and a half feet;
(2) trenches shall be located not less than three times the trench width on center. The minimum spacing for trenches shall be five feet on center;
(3) the sand lined trenches shall be constructed to extend into the naturally occurring receiving permeable horizon;
(4) the infiltrative surface shall be no deeper than 24 inches below finished grade. The top of the trench media shall be at or below the naturally occurring soil surface. Drip tubing shall be installed a minimum of six inches below the natural grade;
(5) soil used to line the trench shall be sand in texture. The installer shall provide written laboratory verification of the media textural classification and quality when requested by the LHD based on a visual inspection of the sand used during installation. When laboratory analysis is required, the material shall be clean, uncoated fine, medium, or coarse sand with a minimum of 90 percent in sizes ranging from 0.1 to 2.0 millimeters, with no more than one percent smaller than 0.074 millimeters or a No. 200 Sieve;
(6) pressure dosed gravity distribution or pressure dispersal shall be used when the total dispersal field line length exceeds 750 linear feet in a single system;
(7) pressure dispersal shall be used when the total dispersal field line length exceeds 1,200 linear feet in a single system;
(8) when pressure dispersal is used, the pressure dispersal network shall be designed in accordance with Rules .0907(e) or .0908(f) of this Section, except that the trench width shall comply with this Paragraph. The total line length shall be calculated based on infiltrative surface area;
(9) drip dispersal systems in sand lined trenches shall require multiple runs per trench of drip tubing with emitters as follows:
(A) a minimum of two runs within a trench between one and one half and two feet wide; and
(B) a minimum of three runs within a trench between two and three feet wide.
The drip tubing shall be uniformly spaced across the trench with the tubing six inches from the trench sidewalls. Drip tubing shall be covered by a minimum of six inches of sand lined trench media meeting the requirements of Subparagraph (5) of this Paragraph. Drip dispersal systems shall comply with the requirements of Section .1600 of this Subchapter and this Rule;
(10) finished grade shall provide for positive surface drainage away from all system components, with the dispersal field crowned at one-half percent as measured from the centerline of the dispersal field. The finished grade requirements shall be made a condition of the CA; and
(11) trench products approved under Section .1700 of this Subchapter shall be installed in accordance with PIA Approval.
(i) Other sand lined trench systems may be approved on a site-specific basis in accordance with Rule .0509(c) of this Subchapter.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .0907 LOW PRESSURE PIPE SYSTEMS
(a) LPP systems utilize a network of small diameter pipes with three feet to six feet pressure head to distribute effluent across the entire dispersal field. Any subsurface dispersal system listed in this Section may incorporate LPP dispersal.
(b) LPP systems with advanced pretreatment shall comply with Rules .1202, .1203, .1205, or .1206 of this Subchapter.
(c) The LTAR shall be determined as follows:
(1) Tables XXI and XXII shall be used to determine the LTAR for LPP systems, as applicable;
(2) the LTAR determined from Table XXI shall be based on the soil textural class of the most limiting, naturally occurring soil horizon to a depth of 12 inches below the infiltrative surface;
(3) the LTAR determined from Table XXII shall be based on the saprolite textural class of the most limiting, naturally occurring saprolite to a depth of 24 inches below the infiltrative surface, or less than 24 inches if combined with soil in accordance with Rule .0506(b) of this Subchapter; and
(4) for facilities that generate HSE as specified in Rule .0401(h) of this Subchapter or a facility with a full kitchen, the LTAR shall not exceed the mean rate for the applicable Soil Group.
TABLE XXI. LTAR for LPP systems based on Soil Group and texture class
|Soil Group |USDA Soil Textural Class |LTAR in gpd/ft2 |
|I |Sands |Sand |0.4 – 0.6 |
| | |Loamy Sand | |
|II |Coarse Loams |Sandy Loam |0.3 – 0.4 |
| | |Loam | |
|III |Fine Loams |Sandy Clay Loam |0.15 – 0.3 |
| | |Silt Loam | |
| | |Clay Loam | |
| | |Silty Clay Loam | |
| | |Silt | |
|IV |Clays |Sandy Clay |0.05 – 0.2 |
| | |Silty Clay | |
| | |Clay | |
TABLE XXII. LTAR for LPP systems in saprolite based on Saprolite Group and texture class
|Saprolite Group |Saprolite Textural Class |LTAR in gpd/ft2 |
|I |Sands |Sand |0.3 – 0.4 |
| | |Loamy Sand |0.25 – 0.35 |
|II |Loams |Sandy Loam |0.2 – 0.3 |
| | |Loam |0.1 – 0.2 |
| | |Silt Loam |0.05 – 0.15 |
(d) The minimum required dispersal field area and trench length shall be calculated in accordance with the following:
(1) the minimum required dispersal field area shall be calculated by dividing the DDF by the LTAR; and
(2) the minimum trench length shall be calculated by dividing the required dispersal field area by a lateral spacing of five feet. The following equation shall be used to calculate the minimum line length required.
TL = (DDF / LTAR) / LS
Where TL = length of trench, in feet
DDF = design daily flow, in gpd
LTAR = in gpd/ft2
LS = five-foot line spacing
(3) When HSE is proposed to be discharged to an LPP dispersal field with no advanced pretreatment or has not been reclassified as DSE in accordance with Rule .0402(c) of this Subchapter, a licensed professional, if required in G.S. 89C, 89E, or 89F, shall calculate the adjusted LTAR in accordance with Rule .0402(b) of this Subchapter.
(e) In addition to the requirements set forth in Rule .0901(g) of this Section, LPP system design and installation shall comply with the following, unless otherwise specified in a PIA Approval:
(1) the LPP distribution network shall be constructed of one to two-inch diameter pressure rated Schedule 40 PVC laterals placed in gravel that meets the requirements in Rule .0902(b)(4) of this Section or other approved media;
(2) the trench width shall be one to two feet;
(3) trenches shall be located not less than three times the trench width on center. The minimum spacing for trenches shall be five feet on center:
(4) trenches shall include a minimum of eight inches of gravel or other approved media, either from a PIA Approval or subsurface dispersal system listed in Section .0900 of this Subchapter. The lateral shall be installed a minimum of five inches above the infiltrative surface;
(5) laterals, manifolds and LPP fields shall comply with the following design criteria:
(A) the maximum lateral length shall yield no more than a 10 percent difference in orifice delivery rate between the first and last orifice along the lateral;
(B) no more than one-third of the total number of holes shall be less than 5/32 inches in diameter, with no orifices sized smaller than one-eighth inch in diameter in any lateral line;
(C) all orifices shall face upwards, except for two orifices, one-third of the way from the beginning and end of each lateral, which shall face downward; and
(D) maximum orifice spacing shall be as follows: Soil Group I - five feet; Soil Group II - six feet; Soil Group III - eight feet; and Soil Group IV - 10 feet;
(6) the orifices shall be protected by the following:
(A) lateral sleeved within a three or four-inch perforated corrugated or smooth wall tubing meeting the requirements of Rule .0703(d) of this Subchapter; or
(B) orifice shields that prevent aggregate, soil, and tree roots from clogging the orifices;
(7) the following additional design provisions shall be required for sloping sites:
(A) separately valved manifolds shall be required for all subfield segments where the elevation difference between the highest and lowest laterals exceeds three feet;
(B) the orifice spacing, orifice size or both shall be adjusted to compensate for relative elevation differences between laterals branching off a common supply manifold and to compensate for the lines at the lowest elevation receiving more effluent at the beginning and end of a dosing cycle;
(C) the lateral network shall be designed to achieve a 10 to 40 percent higher steady state flow rate per linear foot into the upper lines, relative to the lower lines, depending on the amount of elevation difference and the number of laterals. The steady state flow rate is based on the pipe being full;
(D) maximum elevation difference between the highest and lowest laterals in a field shall not exceed 10 feet unless the flow is uniformly divided using multiple pumps or split between subfield segments without requiring simultaneous adjustment of multiple pressure regulating valves in separate locations. Flow shall be uniformly divided such that the dose volumes to the subfields does not vary more than 10 percent on an area basis; and
(E) the Department shall approve other designs based upon the authorized designer or PE providing documentation showing equivalent hydraulic performance to this Subparagraph;
(8) turn-ups shall be provided at the ends of each lateral, constructed of Schedule 40 PVC pipe or stronger pressure-rated pipe, and shall terminate at the ground surface and be installed in a valve box or equivalent that provides access for operation and maintenance;
(9) the supply manifold shall be constructed of solvent-welded pressure rated Schedule 40 PVC;
(10) the supply manifold shall be sized large enough based on the size and number of laterals served to prevent more than a 20 percent variation in pressure head between the first and last laterals due to losses within the manifold when feeding the manifold from a lower elevation;
(11) the supply manifold shall comply with the following design criteria:
(A) the ratio of the supply manifold inside cross-sectional area to the sum of the inside cross-sectional areas of the laterals served shall exceed 0.7:1 as measured from where the supply line connects to the manifold;
(B) the reduction between the manifold and connecting laterals shall be made off the manifold using reducing tees or fittings; and
(C) cleanouts shall be installed at the distal ends of the supply manifold and shall be enclosed in valve boxes accessible from the ground surface;
(12) pressure regulating valves shall be provided for pressure adjustment at the fields;
(13) valves shall be installed in an access device, such as a valve box, and be accessible and operable from the ground surface. Valves serving contiguous subfields shall be in a common valve box;
(14) the LPP dosing system shall comply with the following design criteria:
(A) the pump operating flow rate shall be based upon delivering three feet to six feet of residual pressure head at the distal end of all laterals;
(B) the dose volume shall be between five and 10 times the liquid capacity of the lateral pipe dosed, plus the liquid capacity of the portions of manifold and supply lines which drain between doses; and
(C) when pumping downhill and the supply line volume exceeds 20 percent of the calculated dose volume, special design considerations shall be followed to prevent more than 20 percent of the dose volume from draining by gravity to the dispersal field between doses; and
(15) the trenches shall be covered to a minimum depth of four inches after settling.
(f) The authorized agent or Department may approve on a site-specific basis drip dispersal systems used in LPP trenches and other LPP designs based on documentation showing that the proposed design meets the performance requirements of this Rule.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .0908 DRIP DISPERSAL SYSTEMS
(a) This Rule provides for the permitting of drip dispersal systems receiving DSE. Drip dispersal systems shall comply with the provisions of this Rule and Section .1600 of this Subchapter.
(b) Drip dispersal systems with advanced pretreatment shall comply with Rule .1204 of this Subchapter.
(c) Drip dispersal systems shall meet the following soil and site criteria:
(1) A minimum of 18 inches of naturally occurring suitable soil above a LC, 13 inches of naturally occurring suitable soil above a SWC, and the minimum vertical separation to any LC shall be 12 inches. A groundwater lowering system may be used to comply with the vertical separation to a SWC when only Group I or II soils with suitable structure are present within 36 inches of the naturally occurring soil surface.
(2) For new fill, the soil and site shall meet the following criteria:
(A) Rule .0909(b) and (c) of this Section, except as otherwise specified in this Subparagraph;
(B) no SWC shall exist within the first 12 inches below the naturally occurring soil surface. A groundwater lowering system shall not be used to comply with the initial site requirements for a new fill system; and
(C) minimum vertical separation to any unsuitable soil horizon or rock shall be 18 inches and 12 inches for any SWC.
(3) For existing fill, the soil and site shall meet the following criteria:
(A) Rule .0909(d) and (e) of this Section, except as otherwise specified in this Subparagraph; and
(B) minimum vertical separation to any LC shall be 24 inches.
(d) Tables XXIII and XXIV shall be used to determine the LTAR for all DSE drip dispersal systems:
(1) Table XXIII shall be used for systems utilizing soil. The LTAR shall be based on the most limiting, naturally occurring soil horizon within 18 inches of the naturally occurring soil surface or to a depth of 12 inches below the infiltrative surface, whichever is deeper;
(2) Table XXIV shall be used for systems utilizing saprolite. The LTAR shall be based on the most limiting, naturally occurring saprolite to a depth of 24 inches below the infiltrative surface;
(3) the LTAR for new fill systems shall not exceed 0.5 gpd/ft2 for Group I, 0.3 for gpd/ft2 Group II, 0.15 gpd/ft2 for Group III or 0.05 gpd/ft2 for Group IV soils, respectively;
(4) sections of blank tubing without emitters shall not count towards the minimum dripline length required; and
(5) the DDF shall be divided by the LTAR, determined from Table XXIII or XXIV, to determine the minimum dispersal field area required. The minimum dripline length shall be determined by dividing the required area by the maximum line spacing of two feet. The designer may recommend additional linear footage as soil and site conditions allow. The following equations shall be used to calculate the minimum dispersal field area and dripline length required:
MA = DDF / LTAR
DL = MA / LS
Where MA = minimum dispersal field area, in ft2
DDF = design daily flow, in gpd
LTAR = in gpd/ft2
DL = dripline length, in feet
LS = two-foot line spacing
TABLE XXIII. LTAR for DSE drip dispersal systems based on Soil Group and texture class
|Soil Group |USDA Soil Textural Class |LTAR in gpd/ft2 |
|I |Sands |Sand |0.4 – 0.6 |
| | |Loamy Sand | |
|II |Coarse Loams |Sandy Loam |0.3 – 0.4 |
| | |Loam | |
|III |Fine Loams |Sandy Clay Loam |0.15 – 0.3 |
| | |Silt Loam | |
| | |Clay Loam | |
| | |Silty Clay Loam | |
| | |Silt | |
|IV |Clays |Sandy Clay |0.05 – 0.2 |
| | |Silty Clay | |
| | |Clay | |
TABLE XXIV. LTAR for DSE drip dispersal systems based on Saprolite Group and texture class
|Saprolite Group |Saprolite Textural Class |LTAR in gpd/ft2 |
|I |Sand |0.3 – 0.4 |
| |Loamy sand |0.25 – 0.35 |
|II |Sandy loam |0.2 – 0.3 |
| |Loam |0.1 – 0.2 |
| |Silt Loam |0.05 – 0.1 |
(e) A special site evaluation shall be required in accordance with Rule .0510 of this Subchapter, as applicable.
(f) Drip dispersal installation shall be in accordance with the following criteria:
(1) dripline shall be installed in accordance with the approved design. The design shall specify installation depth, installation equipment, blanking, drainback prevention, and any other site-specific design requirements identified by the designer;
(2) dripline shall be installed a minimum of one inch into naturally occurring soil, except when installed in a fill system;
(3) driplines shall be installed level. A maximum variance of plus or minus two inches shall be allowed within any contiguous section of dripline containing drip emitters;
(4) a minimum of six inches of cover shall be maintained over the dripline. The six inches of cover may be met by the addition of up to six inches, after settling, of suitable Group II or III soil over the drip field;
(5) drip dispersal fields shall be sloped to shed surface water;
(6) if cover material is required and the slope is greater than 30 percent, a slope stabilization plan shall be provided by a licensed professional if required in G.S. 89C, 89E, or 89F; and
(7) the drip dispersal system shall be field tested after installation in accordance with Rule .1603 of this Subchapter.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .0909 FILL SYSTEMS
(a) Both new and existing fill systems are a system in which all or part of the dispersal field media is installed in fill material. The system includes both the basal area of dispersal field and the toe slope in all directions.
(b) New fill systems may be installed on sites that meet the following requirements:
(1) a minimum of the first 18 inches below the naturally occurring soil surface consists of suitable soil with the exception that no SWC exists within the first 12 inches below the naturally occurring soil surface and a groundwater lowering system is not used to meet this requirement;
(2) systems shall be installed only on sites with uniform slopes less than four percent;
(3) stormwater diversions, subsurface interceptor drains, or swales shall be required as needed upslope of the system to divert surface runoff or lateral flow from passing over or into the system; and
(4) the area of suitable soil shall be large enough to include the basal area of dispersal field and the toe slope in all directions.
(c) New fill system design and installation shall be in accordance with the following criteria:
(1) trenches shall be installed with a minimum of 24 inches separating the infiltrative surface and any LC for gravity distribution and pressure dosed gravity distribution, except for any SWC that requires 18 inches of separation. If pressure dispersal is used, the minimum separation distance shall be 18 inches between the infiltrative surface and any LC and 12 inches to a SWC. This separation requirement may be met with the use of a groundwater lowering system only in Soil Groups I and II with suitable structure;
(2) fill systems with a DDF greater than 480 gpd shall use pressure dispersal systems;
(3) fill material soil texture shall be classified as Group I up to the top of the trenches. The final six inches of fill used to cover the system shall have a finer texture, such as Group II or III soils, for the establishment of a vegetative cover;
(4) minimum cover shall be six inches after settling;
(5) additional fill may be added to facilitate drainage and accommodate final landscaping requirements at the site necessary to stabilize the fill, shed surface water, and establish a vegetative cover. The additional fill may be provided if the infiltrative surface is less than 30 inches below the finished grade;
(6) where fill material is added, the fill material and the existing soil shall be mixed to a depth of six inches below the interface. Vegetative cover, organic litter, and the O horizon shall be removed before the additional fill material is incorporated;
(7) the fill system shall be constructed as an elongated berm with the long axis parallel to the ground elevation contours of the slope;
(8) the side slope of the fill system shall not exceed a rise to run ratio of 1:4. If the first 18 inches below the naturally occurring soil surface is Group I soil, the side slope of the fill shall not exceed a rise to run ratio of 1:3;
(9) the outside edge of the trench shall be located a minimum of five feet horizontally from the top of the side slope;
(10) the fill system shall be shaped to shed surface water and shall be stabilized with a vegetative cover;
(11) trench products approved under Section .1700 of this Subchapter shall be installed in accordance with PIA Approval; and
(12) the setback requirements shall be measured from the projected toe of the slope. If this setback cannot be met, the setback requirements shall be measured five feet from the nearest edge of the trench if the following conditions are met:
(A) slope of the site does not exceed two percent;
(B) the first 18 inches of soil beneath the naturally occurring soil surface shall consist of Group I soils; and
(C) the lot or tract of land was recorded on or before December 31, 1989.
(d) An existing pre-July 1, 1977 fill site that does not meet the requirements of Paragraph (b) of this Rule may be utilized for a wastewater system if the following requirements are met:
(1) substantiating data are provided by the lot owner indicating that the fill material was placed on the site prior to July 1, 1977;
(2) the fill material shall have Group I soil texture for a minimum depth of 24 inches below the existing ground surface;
(3) the fill material shall have no more than 10 percent by volume of fibrous organics, building rubble, or other debris, and shall not have discreet layers containing greater than 35 percent of shell fragments;
(4) if a minimum of 24 inches of Group I fill material is present, additional fill with soil texture classified Group I may be added to comply with the separation requirements of Subparagraph (e)(5) of this Rule;
(5) SWC is 18 inches or greater below the ground surface of the fill. This requirement shall be met without the use of a groundwater lowering system; and
(6) the area of suitable soil shall be large enough to include the basal area of dispersal field and the toe slopes in all directions.
(e) Existing fill system design and installation shall be in accordance with Paragraph (c) of this Rule and the following criteria:
(1) the DDF shall not exceed 480 gpd;
(2) pressure dispersal shall be used. LPP systems shall meet the requirements of Rule .0907(d) and (e) of this Section. Drip dispersal systems shall meet the requirements of Rule .0908(d) and (f) of this Section;
(3) the LTAR shall not exceed 0.5 gpd/ft2 for pressure dispersal systems;
(4) existing fill sites with 48 inches of Group I soils may use conventional trenches with a maximum LTAR of 1.0 gpd/ft2 in lieu of a pressure dispersal system;
(5) the minimum vertical separation to any LC shall be 24 inches for pressure dispersal systems and 48 inches for conventional systems. This vertical separation requirement may be met by adding additional Group I soil, but shall not be met with the use of a groundwater lowering system;
(6) where additional Group I fill is to be added, the side slope of the fill shall not exceed a side slope ratio of 1:3; and
(7) trench products approved under Section .1700 of this Subchapter shall be installed in accordance with their PIA Approval.
(f) The LTAR for new and existing fill systems shall be determined in accordance with Rule .0901(c) of this Section and the following:
(1) the LTAR shall be based on the most limiting, naturally occurring soil horizon within 18 inches of the ground surface or to a depth 12 inches below the infiltrative surface, whichever is deeper;
(2) the lowest LTAR for the applicable Soil Group shall be used for systems installed in accordance with this Rule; and
(3) for sites with a minimum of 18 inches of Group I soils below the naturally occurring soil surface or to a depth of 12 inches below the infiltrative surface, whichever is deeper, the LTAR shall not exceed 1.0 gpd/ft2 for gravity or pressure dosed gravity distribution or 0.5 gpd/ft2 for pressure dispersal systems.
(g) The authorized agent or Department may approve other fill system designs on a site-specific basis in accordance with a PIA Approval or Rule .0509(c) of this Subchapter.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .0910 ARTIFICIAL DRAINAGE SYSTEMS
(a) Artificial drainage systems are a site modification and may be proposed to reclassify sites as suitable that were originally classified unsuitable due to a SWC, lateral water movement, saturated soils, a perched water table, or other oxyaquic conditions. Artificial drainage systems include groundwater lowering systems, interceptor drains, and surface water diversions.
(b) Groundwater lowering systems may be used when the following criteria are met:
(1) the site has Group I or II soils with suitable structure and clay mineralogy; and
(2) the groundwater lowering system shall be designed to maintain the vertical separation to a SWC as specified in Rule .0901(g)(2) of this Section.
(c) Plans and specifications for the use of a groundwater lowering system to comply with the vertical separation to a SWC shall be prepared by a licensed professional if required in G.S. 89C, 89E, or 89F in accordance with Rule .0303 of this Subchapter. The plans and specifications shall meet the following design criteria:
(1) Gravity groundwater lowering systems shall be designed in accordance with the following:
(A) substantiating information, calculations, and data shall be provided justifying the effectiveness of the proposed drainage system design;
(B) design and devices shall comply with accepted standards of practice as set forth in the USDA-NRCS National Engineering Handbook, Part 624 - Drainage, Chapter 10 - Water Table Control, and Part 650 - Engineering Field Handbook, Chapter 14 - Water Management, Drainage;
(C) the effectiveness of groundwater lowering systems shall be determined by use of the Ellipse, Hooghoudt, or equivalent drainage equations for sites with Group I or II soils. Justification for use of a specific drainage equation shall be provided;
(D) drainage equation input parameters shall be based upon field descriptions of soil profiles and in-situ Ksat measurements. The drainage coefficient used in these equations shall be calculated from the highest monthly rainfall value with a 30-percent exceedance probability from the closest available National Weather Service or SCO. A source of these data is the WETS tables published in the Natural Resource Conservation Service Field Office Technical Guides available online at: efotg.sc.egov.efotg_locator.aspx. This monthly value shall be divided by 14 to give the drainage coefficient in inches per day. For systems with a DDF greater than 1,500 gpd, the projected contribution of wastewater application shall be added to the drainage coefficient used in the equations;
(E) DRAINMOD shall be used to determine the groundwater lowering system effectiveness at sites with three or more effective soil layers, Group III or IV soils within 36 inches of the naturally occurring soil surface, or sites requiring a groundwater lowering system using pumps; and
(F) the modeling procedure set forth in Rule .0504(h) of this Subchapter shall be followed.
(2) Groundwater lowering systems using pumps shall be designed in accordance with the following:
(A) plan and profile detail drawings of pump tank, showing all dimensions, pumps, discharge piping, floats, and float and alarm activation levels;
(B) calculations and supporting information shall be provided as the basis for sizing the pumps, dose volume, emergency storage capacity, and overall tank capacity;
(C) the high-water alarm in the control panel shall automatically contact a 24-hour maintenance service;
(D) information on discharge pipe line, line location, materials, and provisions for erosion control at the discharge point;
(E) except as otherwise provided in this Paragraph, the requirements of Section .1100 of this Subchapter shall apply to artificial drainage systems using pumps; and
(F) dual alternating pumps shall be required when serving two or more design units. Each pump shall be sized at a capacity of two and one half times the projected peak inflow rate to the pump tank.
(3) Plans and specifications for all groundwater lowering systems shall include the following:
(A) location of existing and proposed drainage systems in relation to all facilities and wastewater system components. Plans shall indicate flow direction, slope and drain outlet location;
(B) profile drawings showing drainage trench dimensions, depth, pipe size, aggregate envelope, and filter fabric detail, cover, and cleanout detail;
(C) elevations with reference to an established benchmark;
(D) specifications for all groundwater lowering system materials and installation procedures;
(E) the entire groundwater lowering system, including the outlet, shall be on property owned or controlled by the person owning or controlling the system. Necessary legal agreements shall be provided in accordance with Rule .0301(c) of this Subchapter; and
(F) easements for egress, ingress, and regress for maintenance of groundwater lowering systems serving two or more lots shall be at least 20 feet wide plus the width of the groundwater lowering system.
(d) Interceptor drains shall be used on sites where a SWC results from laterally flowing groundwater that can be diverted away from the dispersal field.
(e) Other artificial drainage systems, including surface water diversions, shall comply with USDA-NRCS guidance documents.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .0911 PRIVIES
(a) A privy shall be approved when it consists of a pit, floor slab, and seat assembly housed in a building that affords privacy and protection from the weather and meets the following criteria:
(1) the pit shall consist of an excavation with a minimum bottom surface area of three and one half feet square;
(2) the maximum depth of the pit shall not exceed 36 inches;
(3) the pit bottom shall not be located closer than 12 inches to a LC;
(4) the pit shall be curbed to prevent caving. In sandy or loose soil, the curb shall extend the full depth of the pit. In clay soils, partial curbing may be acceptable if soils have sufficient cohesion to not collapse;
(5) the floor shall be constructed of concrete, wood, or other approved materials. The following criteria shall be met, as applicable:
(A) for wood construction, rot resistant joists are used covered with tight tongue-and-groove rot resistant flooring;
(B) wood floors shall be anchored to the sills. The minimum sill size shall be four-inch by four-inch; and
(C) when other materials are used the material shall be shown to provide strength, durability and prevent entrance of flies and mosquitoes to the privy pit;
(6) the pit shall be vented through screened PVC Schedule 40 pipe or other pipe approved in accordance with Rule .0703 of this Subchapter, six inches in diameter, and extending above the roofline. The vent pipe shall be:
(A) located on a south side wall of the building;
(B) covered to prevent rainfall from entering, but still allow gases to escape;
(C) straight without any bends in the pipe; and
(D) black colored pipe; and
(7) privies shall not be used for the disposal of water-carried sewage.
(b) Any person owning or controlling the property upon which a privy is located shall be responsible for the following requirements:
(1) when the pit becomes filled to within 18 inches of the top of the ground, the privy building shall be moved to a new pit and the old pit covered with soil; and
(2) if the pit caves in, a new pit shall be provided.
(c) The person owning or controlling the system shall be responsible for the following requirements:
(1) the privy and grounds adjacent shall be kept free of debris;
(2) a hinged seat cover and hinged door shall be provided and kept closed when the privy is not in use;
(3) flies shall be excluded from the pit by the privy building door fitting in the frame and no unscreened openings in the building;
(4) garbage and trash shall be kept out of the pit; and
(5) the privy building shall not be used for storage.
(d) When a new pit is required, a CA and OP shall be obtained.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
section .1000 – Non-ground absorption wastewater treatment systems
15A NCAC 18E .1001 ALTERNATIVE TOILETS
(a) Use of alternative toilets, such as incinerating, composting, and mechanical toilets, and privies shall comply with the North Carolina Plumbing Code and this Rule.
(b) Use of chemical or portable toilets is governed by G.S. 130A-335(h).
(c) When an alternative toilet or chemical toilet is used, all wastewater generated in the facility shall be discharged to a wastewater system that is approved under this Subchapter.
(d) Removal of residuals from incinerating toilets, composting toilets, mechanical toilets, vault privies, chemical toilets, or portable toilets shall be performed only by a person that holds a current NC Septage Management Firm permit in accordance with Rule 15A NCAC 13B .0832(a)(1). All waste shall be taken to an approved disposal site per G.S. 130A-291.1(d).
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
15A NCAC 18E .1002 RECLAIMED WATER SYSTEMS
(a) An RCW system shall be one of the following:
(1) an alternate management option as identified in 15A NCAC 02U .0401(c) for use with a system permitted in accordance with 15A NCAC 02U;
(2) a conjunctive wastewater system, as defined in 15A NCAC 02U .0103(4), permitted under the Rules of this Subchapter that:
(A) incorporates a beneficial use component, such as toilet flushing or landscape irrigation; and
(B) the beneficial use component is not necessary to meet the wastewater disposal needs of the facility;
(3) a conjunctive wastewater system permitted under the rules of this Subchapter when there is a non-conjunctive use wastewater system permitted and approved in accordance with 15A NCAC 02H or 15A NCAC 02T for the facility;
(4) a wastewater system designed for the complete recycle or reuse of DSE; or
(5) a wastewater system designed to meet the wastewater disposal needs of a facility that serves a beneficial reuse, as defined in 15A NCAC 02U .0103(2), which incorporates a subsurface wastewater dispersal system.
(b) An RCW system shall be designed to produce effluent prior to discharge that complies with the effluent standards for a Type 1 treatment process in accordance with 15A NCAC 02U .0301(b) and the TN standard for a TS-II system in accordance with Table XXV of Rule .1201(a) of this Subchapter. The wastewater system shall be approved in accordance with Section .1700 of this Subchapter or designed by a PE and approved by the Department when it has been determined to comply with this Rule.
(c) When utilizing an RCW system, the dispersal field and repair area shall comply with the siting and sizing requirements of Section .1200 of this Subchapter for a TS-II system except as follows:
(1) setback reductions may be concurrently taken with both an LTAR increase and a vertical separation reduction when a special site evaluation is submitted and approved in accordance with Rule .0510 of this Subchapter;
(2) for systems designed to comply with a TN standard of 10 mg/L one of the following siting and sizing criteria may be utilized:
(A) the property line setback may be reduced to five feet and the SA waters setback may be reduced to 50 feet for wastewater systems with a DDF less than or equal to 3,000 gpd;
(B) the property line setback may be reduced to 10 feet, the SA waters setback may be reduced to 100 feet, and the other surface waters setback may be reduced to 50 feet for systems with a DDF greater than 3,000 gpd; or
(C) the vertical separation to a SWC may be reduced to 12 inches for wastewater systems with a DDF greater than 3,000 gpd that use pressure dispersal;
(3) the LTAR may be increased up to a factor of four compared to that assigned by the LHD for a system using DSE in Group I soils with a wastewater system that uses pressure dispersal when the following site conditions are met:
(A) 48 inches of Group I soils from the naturally occurring soil surface; and
(B) 30 inches to a SWC below the naturally occurring soil surface;
(4) requirements to comply with an effluent TN standard set forth in this Paragraph may be waived when:
(A) the effluent is used exclusively for toilet or urinal flushing; or
(B) a site-specific nitrogen migration analysis based on projected or measured effluent nitrogen levels demonstrates that the nitrate-nitrogen concentration at the property line will not exceed 10 mg/L; and
(5) the size of the dispersal field may be proportionally reduced based on the documented percentage of effluent reduction that is enabled by the year-round conjunctive, recycle, or reuse component.
(d) Conjunctive uses may include toilet and urinal flushing and landscape irrigation by drip dispersal. Wastewater from a system designed for complete recycling of DSE shall be used only for flushing of toilets and urinals. RCW shall not be used for body contact or human consumption. An RCW system that includes conjunctive use shall meet the following:
(1) Toilet and urinal flushing components shall be approved by the local building inspections department and be in compliance with the North Carolina Plumbing Code, including pipe marking requirements and back-siphon protection provisions for proximate potable water supplies.
(2) Siting, sizing, setbacks, and installation requirements of this Subchapter may be modified for the landscape irrigation component if they comply with the requirements for conjunctive use irrigation systems in 15A NCAC 02U, based upon information provided by the licensed professionals, if required in G.S. 89C, 89E, or 89F.
(3) System design, operation, and management requirements shall comply with requirements for comparable systems in 15A NCAC 02U, including provisions for continuous on-line monitoring and recording for turbidity and a mechanism to prevent effluent utilization if the turbidity exceeds 10 NTUs, if the E. Coli or fecal coliform levels are not being met, or the disinfection unit is not operable.
(4) Requirements to comply with an effluent TN standard may be waived on a project specific basis when documentation is provided showing that the proposed design will not result in an exceedance of the groundwater standards in accordance with 15A NCAC 02L.
(e) All RCW systems approved in accordance with this rule shall be designed by a PE and the plans approved by the Department prior to LHD permit issuance.
History Note: Authority G.S. 130A-335(e);
Eff. January 1, 2024.
section .1100 – system dosing and controls
15A NCAC 18E .1101 GENERAL DOSING SYSTEM REQUIREMENTS
(a) Dosing systems with a single pump or siphon shall be required to be used to deliver effluent into laterals when:
(1) gravity distribution cannot be achieved between the septic tank and dispersal field;
(2) the total lateral length exceeds 750 linear feet in a single system; or
(3) a pressure dosed gravity distribution or pressure dispersal system is used.
(b) Dosing systems with multiple alternating or sequencing pumps or siphons shall be used to discharge to separate dispersal fields when:
(1) DDF from a single system exceeds 3,000 gpd; or
(2) the total line length exceeds 2,000 linear feet in a single trench system or 5,000 linear feet in a drip dispersal system.
(c) If alternating pumps or siphons are not required in accordance with Paragraph (b) of this Rule, but used, then the alternating pumps or siphons may discharge to a single dispersal field.
(d) The dose volume to a dispersal field shall be calculated as follows:
(1) 66 to 75 percent of the volume of the installed linear lateral footage for pressure dosed gravity distribution systems;
(2) 66 to 75 percent of the volume of the installed linear lateral footage for LDP systems and trench products with a PIA approval based on lateral capacity equivalent to the capacity of a four-inch corrugated pipe;
(3) LPP systems in accordance with Rule .0907(e)(14)(B) of this Subchapter; and
(4) drip dispersal systems in accordance with Rule .1602(f)(3) of this Subchapter.
(e) The pump operating flow rate from a dosing system shall be designed to achieve scour velocity in the supply line and to distribute effluent in accordance with the dispersal field design.
(f) The pump operating flow rate or average pump run time shall be within 25 percent of the initial measurements collected during the final inspection.
(g) All dosing systems shall be tested using water prior to issuance of an OP. The test shall be conducted by the installer, LSS, authorized designer, AOWE, and PE, as applicable, witnessed by the LHD, and include a demonstration and documentation of the following:
(1) pump or siphon operating flow rate and dose volume delivered;
(2) float control levels;
(3) high-water alarm, including sound;
(4) operating pressure head, if applicable; and
(5) delivery of water to the dispersal field.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .1102 PUMP DOSING
(a) The effluent pump shall be:
(1) capable of handling a minimum of one-half inch solids or be a screened, high head pump designed for effluent;
(2) designed to meet the pump operating flow rate and total dynamic head specified for the effluent distribution system;
(3) removable without requiring entrance into the tank; and
(4) listed by a third-party electrical testing and listing agency, such as Underwriter's Laboratory. A PE may propose a pump model not listed by a third-party electrical testing and listing agency. The Department shall approve the pump when review of documentation provided by the PE demonstrates that the pump model meets the performance requirements for the dispersal field design.
(b) A vent or anti-siphon hole of a 3/16-inch minimum diameter shall be used to prevent air locking of the pump and siphoning from the pump tank when pumping downhill. When a check valve is provided, the anti-siphon hole or vent shall be located between the pump and the check valve. Additional venting may be required at the high point in the pump force main to prevent siphoning.
(c) Each pump discharge line in a pump tank shall have a disconnect device, such as a pressure-rated threaded union, flange, or camlock.
(d) Check valves or other type valves shall prevent drainback from the dispersal field or supply line into the pump tank. A system may be designed and approved for the supply line to drain back to the pump tank based on site-specific considerations, such as freeze protection.
(e) An isolation valve shall be provided on the field side of the disconnect device when pumping uphill.
(f) The pump discharge piping shall be accessible within the tank or riser from finished grade.
(g) Fittings and valves shall be of compatible non-corrodible material. Isolation valves and disconnects shall be located within 18 inches of the top of the access riser opening.
(h) All submersible pumps shall be provided with a non-corrodible rope or chain attached to each pump enabling pump removal from the ground surface without requiring dewatering or entrance into the tank.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .1103 CONTROL PANELS
(a) A control panel shall be provided for all systems that use a pump. The control panel enclosure shall be rated NEMA 4X at a minimum. A third-party electrical testing and listing agency shall list the control panel. The control panel shall include for each pump:
(1) an independent overload protection, if not integral with the pump motor;
(2) circuit breaker(s);
(3) a motor contactor that disconnects all current to the pump or a solid-state relay that controls current to the pump;
(4) a hand-off-automatic (H-O-A) switch or alternate method to enable manual or automatic pump operation and for the pump to be deactivated manually;
(5) a pump run light;
(6) an elapsed time meter; and
(7) an event counter.
(b) An automatic pump sequencer shall be included in systems requiring multiple pumps in accordance with Rule .1101(b) of this Section and shall remain operable whenever any pump is inoperable.
(c) When telemetry is required in accordance with Sections .0800, .1500, .1600, and .1700 of this Subchapter, the control panel shall be connected to an active phone line, wireless internet router, dedicated cellular line, or another form of telemetry that allows the Management Entity to be notified and respond to alarm conditions. The telemetry shall remain active for the life of the wastewater system. The authorized designer, AOWE, or PE shall specify the minimum notification frequency based on site-specific conditions.
(d) The control panel bottom shall be mounted a minimum of 24 inches above finished grade, within 50 feet of and in the line of sight of the pump tank. The Management Entity and LHD shall be able to access the control panel and operate the pumps when the owner is not present.
(e) A NEMA 4X junction box shall be installed above grade or adjacent to the pump tank riser when the control panel is located more than 10 feet from the pump tank access riser and one or more electrical splices are used. Electrical splices shall not be used within the conduit piping.
(f) Wiring shall be conveyed to the control panel or outside junction box through waterproof, gasproof, and corrosion-resistant conduits, with no splices or junction boxes inside the tank. Wire and wire conduit openings inside the pump tank and disconnect enclosure shall be sealed.
(g) Dual and multiple fields shall be dosed by separate pumps that shall automatically alternate or sequence. The supply lines shall be "H" connected to permit manual alternation between fields dosed by each pump. "H" connection valving shall be accessible from the ground surface, either from the pump tank access manhole or in a separate valve chamber outside the pump tank. The Department shall approve other methods of dosing dual or multiple fields when the authorized designer or PE provides documentation of equivalent performance to this Paragraph.
(h) Liquid level detection devices, such as floats, shall be provided in the pump tank to control pump cycles and trigger notification of alarm conditions. The liquid level detection device configuration shall meet the following requirements:
(1) a minimum of 12 inches of effluent shall be maintained in the bottom of the pump tank;
(2) pump-off level shall be set to keep the pump submerged or in accordance with the manufacturer's written specifications;
(3) a separate control float shall be provided to activate the high-water alarm;
(4) the high-water alarm float shall be set to activate within six inches of the pump-on level or higher, if applicable, if providing design equalization capacity in a timed dosing system;
(5) the lag pump float switch, where provided, shall be located at or above the high-water alarm activation level; and
(6) floats shall be supported utilizing durable, corrosion resistant material, and designed to be adjustable, removable, and replaceable from the ground surface without requiring dewatering, entrance into the tank, or pump removal.
(i) The pump tank shall have a high-water alarm that shall:
(1) be audible and visible to the system users and the Management Entity;
(2) have a silencer button or silencer device that is located on the outside of the panel enclosure;
(3) provide for manual testing;
(4) automatically reset after testing and when an alarm condition has cleared;
(5) remain operable whenever the pump is inoperable;
(6) have an enclosure that is watertight, corrosion resistant, and shall be rated NEMA 4X at a minimum; and
(7) be mounted outside the facility and accessible.
(j) For systems designed, inspected, and certified by a PE, alternative panel construction and location criteria may be used if the alternative panel construction and location criteria meet the panel performance criteria, comply with local electrical codes, and are approved by the local electrical inspector.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .1104 SIPHON DOSING
Siphons and siphon tanks may be used when a minimum of two feet of elevation drop is maintained between the siphon outlet invert and the inlet invert in the dispersal field distribution system. Siphons and siphon tanks shall meet the following criteria:
(1) Slope and size of the siphon discharge line shall be sufficient to handle the peak siphon discharge by gravity flow without the discharge line flowing full. Vents for the discharge lines shall be located outside of the siphon tank and shall not serve as an overflow for the tank.
(2) All siphon parts shall be installed in accordance with the manufacturer's specifications. All materials shall be corrosion-resistant, of cast iron, high-density plastic, fiberglass, stainless steel, or equal as approved by the Department when documentation is provided which shows the materials meet the requirements of this Rule.
(3) Siphon tanks shall have a functioning trip counter and high-water alarm. The high-water alarm shall be audible and visible by system users and weatherproof if installed outdoors in an enclosure rated as NEMA 4X at a minimum. The high-water alarm shall be set to activate within two inches of the siphon trip level.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .1105 TIMED DOSING
(a) Timed dosing systems shall be used with the following:
(1) when a dosing system is required in accordance with Rule .1101 of this Section in conjunction with an adjusted DDF granted in accordance with Rule .0403 of this Subchapter;
(2) flow equalization systems;
(3) advanced pretreatment or dispersal systems, if required by the manufacturer; or
(4) when specified by the authorized designer.
(b) The timed dosing system shall be integrated with the pump tank control sensors to ensure that the minimum dose volume calculated in accordance with Rule .1101(d) of this Section is present prior to the start of any scheduled dose event and to provide that a full dose is delivered.
(c) The float configuration of a flow equalization system using timed dosing shall be adjusted by the LHD, authorized designer, or PE, to provide for equalization capacity in the system.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .1106 PRESSURE DOSED GRAVITY DISTRIBUTION DEVICES
(a) Pressure manifolds for pressure dosed gravity distribution shall meet the following minimum design and performance requirements:
(1) uniform distribution of flow proportional to lateral length with a minimum of two feet of residual pressure head;
(2) a pressure regulating valve incorporated in the supply line just prior to the pressure manifold to control pressure to the manifold;
(3) a mechanism or device for measuring residual pressure head in the manifold;
(4) a mechanism to stop flow to individual laterals;
(5) a method to visually verify the flow to each individual lateral;
(6) the feeder lines from the pressure manifold shall be of sufficient size and slope for effluent to flow by gravity to each lateral; and
(7) the pressure manifold and appurtenances shall be designed and installed to be accessible for inspection, operation, maintenance, and monitoring.
(b) A distribution box or a drop box may be used to dissipate or distribute flow in a pressure dosed gravity dispersal system for parallel, serial, or sequential distribution. Such devices shall be watertight, corrosion resistant, constructed to withstand active and passive loads, and the volume of the device shall be such that when the dose volume is delivered, the box shall not overflow. The authorized agent shall approve the distribution device when it has been determined to be in accordance with Rule .0901(g)(9) through (11) of this Subchapter.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
section .1200 – advanced pretreatment systems standards, siting, and sizing criteria
15A NCAC 18E .1201 ADVANCED PRETREATMENT SYSTEM STANDARDS
(a) Advanced pretreatment systems with a DDF less than or equal to 3,000 gpd shall meet the following conditions:
(1) have an RWTS or PIA Approval;
(2) be designed to comply with the effluent standard specified in the OP and defined in Table XXV prior to effluent dispersal to the soil;
(3) comply with the siting and sizing requirements of this Section; and
(4) comply with Rules .1302(f) and .1710 of this Subchapter.
TABLE XXV. Effluent standards for advanced pretreatment systems
|Constituent |Effluent Standards |
| |NSF/ANSI 40 |TS-I |TS-II |
|CBOD |≤ 25 mg/L |≤ 15 mg/L |≤ 10 mg/L |
|TSS |≤ 30 mg/L |≤ 15 mg/L |≤10 mg/L |
|NH3 | |≤ 10 mg/L or 80% removal of NH3 if |≤ 10 mg/L |
| | |influent TKN exceeds 50 mg/L | |
|TN | | |≤ 20 mg/L |
|Fecal Coliform | |≤ 10,000 colonies/100 mL |≤ 1,000 colonies/100 mL |
(b) The effluent applied to advanced pretreatment systems shall not exceed DSE as specified in Table III of Rule .0402(a) of this Subchapter, unless the system is designed to treat HSE and approved by the Department on a product or project-specific basis in accordance with the rules of this Subchapter and engineering practices.
(c) The effluent standards in Table XXV, or modifications to these effluent standards, may be proposed by a PE for systems with a design flow greater than 3,000 gpd or IPWW. The Department shall review and approve the proposed effluent standards in accordance with Rule .0302(e) of this Subchapter. Documentation shall also be provided that the proposed system meets the requirements of Rule .0510(e) of this Subchapter.
History Note: Authority G.S. 130A-334; 130A-335; 130A-342; 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1202 SITING AND SIZING CRITERIA FOR ADVANCED PRETREATMENT SYSTEMS WITH A DESIGN DAILY FLOW LESS THAN OR EQUAL TO 1,500 GALLONS/DAY
(a) Wastewater systems utilizing advanced pretreatment with a DDF less than or equal to 1,500 gpd may only use one of the following modifications to system siting and sizing criteria, unless otherwise identified in this Rule:
(1) reduction in depth to LC or vertical separation to LC in accordance with Paragraph (b) of this Rule;
(2) LTAR increase in accordance with Paragraph (c) of this Rule; or
(3) setback reductions in accordance with Paragraph (d) of this Rule.
(b) The minimum required vertical separation to a LC in natural soil may be reduced with the use of advanced pretreatment in accordance with Table XXVI. Table XXVII provides the minimum depths and vertical separation for new and existing fill. A special site evaluation shall be submitted and approved in accordance with Rule .0510 of this Subchapter when a reduction in vertical separation to a LC is proposed in accordance with this Rule.
Table XXVI. Minimum vertical separation to LC based on effluent standards for wastewater systems with a DDF less than or equal to 1,500 gpd
|Minimum vertical separation in inches from infiltrative surface to LC |
|Soil Group |Distribution Method |Effluent Standard** |
| | |DSE* |NSF/ANSI 40 |TS-I |TS-II |
|I |Gravity |18 |12 |12 |12 |
| |LPP |12 |12 |9 |6 |
| |Drip |12 |12 |9 |6 |
|II-IV |Gravity |12 |12 |9 |9 |
| |LPP |12 |12 |9 |6 |
| |Drip |12 |12 |9 |6 |
*For comparison
**12-inch vertical separation shall always be maintained to rock or tidal water
Table XXVII. Minimum depth to LC and vertical separation to SWC in new or existing fill based on effluent standards for wastewater systems with a DDF less than or equal to 1,500 gpd for new fill and less than or equal to 480 gpd for existing fill
|Minimum depth in inches from naturally occurring soil surface or existing fill surface to LC |
| |Distribution Method | |Effluent Standard |
|Type of Fill | | | |
| | |DSE** |NSF/ANSI 40 |TS-I |TS-II |
|New Fill |Gravity |18 to LC |18 to LC |14 to LC |14 to LC |
| | |12 to SWC |12 to SWC |12 to SWC |12 to SWC |
| |LPP |18 to LC |18 to LC |12 |12 |
| | |12 to SWC |12 to SWC | | |
| |Drip |18 to LC |18 to LC |12 |12 |
| | |12 to SWC |12 to SWC | | |
|Existing Fill |Gravity |24 of Group I Fill or Soil to LC |
| |LPP |18 of Group I Fill or Soil to SWC |
| |Drip | |
| |
|Minimum vertical separation in inches from infiltrative surface to LC* |
|Type of Fill |Distribution Method |Effluent Standard |
| | |DSE** |NSF/ANSI 40 |TS-I |TS-II |
|New Fill |Gravity |24 to LC |18 to LC |18 to LC |18 to LC |
| | |18 to SWC |18 to SWC |14 to SWC |14 to SWC |
| |LPP |18 to LC |18 to LC |12 to LC |9 to LC |
| | |12 to SWC |12 to SWC |9 to SWC |6 to SWC |
| |Drip |18 to LC |18 to LC |12 to LC |9 to LC |
| | |12 to SWC |12 to SWC |9 to SWC |6 to SWC |
|Existing Fill |Gravity |48 |36 |24 |24 |
| |LPP |24 |18 |12 |12 to LC |
| | | | | |9 to SWC |
| |Drip |24 |18 |12 |12 to LC |
| | | | | |9 to SWC |
*Minimum depth after adjustment for slope correction
**For comparison
(c) The LTAR shall be based on the effluent standard and dispersal field type proposed in accordance with the following:
(1) The LTAR may be increased by the following factors when compared to the rate assigned by the authorized agent for a new system using DSE:
(A) up to 1.33 for NSF/ANSI 40 effluent standards in soils which are Group I or II with suitable structure;
(B) up to 2.0 for TS-I or TS-II effluent standards when pressure dispersal is utilized; or
(C) up to 2.5 for TS-II effluent standards when all the following conditions are met: minimum of 36 inches of Group I soils from the naturally occurring soil surface; minimum depth to a SWC below the naturally occurring soil surface is 24 inches; space shall be available for an equivalently sized dispersal field repair area; and pressure dispersal shall be utilized.
(2) A special site evaluation, if required in accordance with Rule .0510 of this Subchapter, shall be submitted and approved.
(3) The LTAR for an aerobic drip system shall be determined in accordance with Rule .1204 of this Section.
(4) Trench dispersal products approved for a specific dispersal field reduction in area or trench length when receiving DSE in accordance with this Subchapter or a PIA Approval shall not be reduced by more than 50 percent when any LTAR adjustments are taken in accordance with this Rule.
(5) When using pressure dispersal systems, the proposed LTAR increases in Subparagraph (c)(1) of this Rule may be used concurrently with the reduced setbacks for TS-II Systems in Table XXVIII.
(6) The DDF shall not be increased by the addition of advanced pretreatment to an existing wastewater system by more than 33 and one-third percent on a site without repair area or by more than 50 percent on a site with 100 percent repair area.
(d) Advanced pretreatment systems shall meet the following setback requirements:
(1) minimum setback requirements of Section .0600 of this Subchapter shall be met, except as shown in Table XXVIII; and
(2) when any other siting or sizing modifications are applied, such as reduced depth to LC, vertical separation, or increased LTAR, for a TS-I or TS-II system in accordance with Paragraphs (b) and (c) of this Rule, no setback reductions shall be taken except those to artificial drainage systems described in Table XXVII, unless otherwise specified in this Section.
Table XXVIII: Setbacks for wastewater systems meeting NSF/ANSI 40, TS-I, or TS-II effluent standards
|Site Features |Setback in feet according to Effluent Standard** |
| |DSE* |NSF/ANSI 40 |TS-I |TS-II |
|Surface waters classified WS-I, from ordinary high-water mark |100 |70 |70 |50 |
|Waters classified SA, from mean high-water mark |100 |70 |70 |50 |
|Any Class I or Class II reservoir, from normal water level |100 |70 |70 |50 |
|Any other stream, non-water supply spring, or other surface water, from the |50 |35 |35 |25 |
|ordinary high-water mark | | | | |
|Tidal influenced waters, such as marshes and coastal water, from mean |50 |35 |35 |25 |
|high-water mark | | | | |
|Lake or pond, from normal water level |50 |35 |35 |25 |
|Groundwater lowering system, as measured on the ground surface from the edge |25 |25 |20 |15 |
|of the feature | | | | |
|Downslope interceptor drains and surface water diversions with a vertical cut |15 |15 |10 |10 |
|of more than two feet, as measured on the ground surface from the edge of the | | | | |
|feature | | | | |
|Upslope and side slope interceptor drains and surface water diversions with a |10 |10 |7 |5 |
|vertical cut of more than two feet, as measured on the ground surface from the| | | | |
|edge of the feature | | | | |
|A stormwater collection system as defined in 15A NCAC 02H .1002(48), excluding|10 |10 |7 |5 |
|gutter drains that connect to a stormwater collection system, with a vertical | | | | |
|cut of more than two feet as measured from the center of the collection system| | | | |
|Permanent stormwater retention basin, from normal water level |50 |50 |35 |25 |
|Any other dispersal field, except designated dispersal field repair area for |20 |20 |10 |5 |
|project site | | | | |
*For comparison
**May require a variance from DEQ based on local buffer rules.
History Note: Authority G.S. 130A-334; 130A-335; 130A-342; 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1203 SITING AND SIZING CRITERIA FOR ADVANCED PRETREATMENT SYSTEMS WITH A DESIGN DAILY FLOW GREATER THAN 1,500 GALLONS/DAY AND LESS THAN OR EQUAL TO 3,000 GALLONS/DAY
(a) Wastewater systems utilizing advanced pretreatment with a DDF greater than 1,500 gpd and less than or equal to 3,000 gpd may utilize the system siting and sizing in this Rule.
(b) The LTAR shall be based on the effluent standard and dispersal field type proposed in accordance with the following:
(1) The LTAR may be increased by the following factors when compared to the rate assigned by the authorized agent for a new system using DSE:
(A) up to 2.0 for TS-I or TS-II effluent standards; or
(B) up to 2.5 for TS-II effluent standards when there is a minimum of 48 inches of Group I soils from the naturally occurring soil surface and a minimum of 30 inches to a SWC below the naturally occurring soil surface.
(2) The LTAR for an aerobic drip system shall be determined in accordance with Rule .1204 of this Section.
(c) When the LTAR for a system is proposed to be increased in accordance with Paragraph (b) of this Rule, the following conditions shall be met:
(1) a special site evaluation required in accordance with Rule .0510 of this Subchapter shall be submitted and approved;
(2) pressure dispersal shall be utilized;
(3) space shall be available for an equivalently sized dispersal field repair area; and
(4) 25-foot setback shall be maintained to all property lines unless a site-specific nitrogen migration analysis for a TS-I system indicates that the nitrate-nitrogen concentration at the property line will not exceed 10 mg/L or a TS-II system is used.
(d) Trench dispersal products approved for a specific dispersal field reduction in area or trench length when receiving DSE in accordance with this Subchapter or a PIA Approval shall not be reduced by more than 50 percent as a result of increased LTAR in accordance with this Rule.
(e) The DDF shall not be increased by the addition of advanced pretreatment to an existing wastewater system.
(f) Wastewater systems utilizing advanced pretreatment with a DDF greater than 3,000 gpd may propose LTAR adjustments in accordance with Paragraphs (a) through (c) of this Rule. The Department shall review and approve the proposed LTAR adjustments in accordance with Rule .0302(e) of this Subchapter. Documentation shall also be provided that the proposed system meets the requirements of Rule .0510(e) of this Subchapter.
History Note: Authority G.S. 130A-334; 130A-335; 130A-342; 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1204 ADVANCED PRETREATMENT DRIP DISPERSAL SYSTEMS
(a) This Rule provides for the permitting of drip dispersal systems receiving advanced pretreatment effluent with a DDF less than or equal to 3,000 gpd. Drip dispersal systems shall comply with the provisions of this Rule and Section .1600 of this Subchapter.
(b) Drip dispersal systems with a DDF less than or equal to 1,500 gpd shall utilize the siting and sizing criteria in this Paragraph when used with advanced pretreatment.
(1) The soil and site characteristics shall meet the following criteria based on effluent standards:
(A) NSF/ANSI 40 Systems
(i) a minimum of 18 inches of naturally occurring suitable soil above a LC and 13 inches of naturally occurring suitable soil above a SWC, and the minimum vertical separation to any LC shall be 12 inches;
(ii) for new fill, the requirements of Rules .0909(b) and (c) of this Subchapter shall be met; or
(iii) for existing fill, the requirements of Rules .0909(d) and (e) of this Subchapter shall be met, except that the minimum vertical separation to any LC shall be 18 inches;
(B) TS-I Systems
(i) a minimum of 15 inches of naturally occurring suitable soil above a LC and a minimum of 13 inches of naturally occurring suitable soil above a SWC, and the minimum vertical separation to any LC shall be nine inches;
(ii) for new fill, the requirements of Rules .0909(b) and (c) of this Subchapter shall be met, except there shall be a minimum of 12 inches of naturally occurring suitable soil above a LC, a minimum of nine inches vertical separation to a SWC, and a minimum of 12 inches vertical separation to a LC; or
(iii) for existing fill, the requirements of Rules .0909(d) and (e) of this Subchapter shall be met, except that the minimum vertical separation to any LC shall be 12 inches; or
(C) TS-II Systems
(i) a minimum of 13 inches of naturally occurring suitable soil above a LC and the minimum vertical separation to any LC shall be six inches;
(ii) for new fill, the requirements of Subpart (B)(ii) of this Paragraph shall be met, except there shall be a minimum of nine inches of vertical separation to a LC, and a minimum of six inches of vertical separation to a SWC; or
(iii) for existing fill, the requirements of Subpart (B)(iii) of this Paragraph shall be met, except there shall be a minimum vertical separation of nine inches to a SWC.
(2) Site modifications for advanced pretreatment drip dispersal systems shall meet the following criteria based on effluent standards:
(A) NSF/ANSI 40 Systems may utilize a groundwater lowering system to comply with the vertical separation requirements to a SWC only when Group I or II soils with suitable structure are present within 36 inches of the naturally occurring soil surface. The minimum vertical separation to the projected, or drained, SWC shall be 12 inches. The addition of fill material shall not be used to comply with this requirement; and
(B) TS-I and TS-II Systems may utilize a groundwater lowering system to comply with the vertical separation requirements to a SWC. The minimum vertical separation to the projected, or drained, SWC shall be 12 inches. The groundwater lowering system may be used with the following: Group III soils are present at any depth above the invert elevation of the highest point of the artificial drainage system or within 36 inches of the naturally occurring soil surface, whichever is deeper; or on new fill sites.
(3) Table XXIX shall be used to determine the LTAR for advanced pretreatment drip dispersal systems based on Soil Group. Limitations in adjustment allowances for NSF/ANSI 40, TS-I, and TS-II systems are listed in Parts (E), (F), and (G) of this Subparagraph.
TABLE XXIX. LTAR for advanced pretreatment drip dispersal systems based on Soil Group
|Soil Group |USDA Soil Textural Class |LTAR in gpd/ft2 |
| | |NSF/ANSI 40 |TS-I |TS-II |
|I |Sands |Sand |0.6 – 1.0 |0.8 – 1.2 |0.8 – 1.5 |
| | |Loamy Sand | | | |
|II |Coarse Loams |Sandy Loam |0.4 – 0.6 |0.5 – 0.8 |0.6 – 1.0 |
| | |Loam | | | |
|III |Fine Loams |Sandy Clay Loam |0.15 – 0.4 |0.2 – 0.6 |0.2 – 0.8 |
| | |Silt Loam | | | |
| | |Clay Loam | | | |
| | |Silty Clay Loam | | | |
| | |Silt | | | |
|IV |Clays |Sandy Clay |0.05 – 0.2 |0.05 – 0.2 |0.05 – 0.2 |
| | |Silty Clay | | | |
| | |Clay | | | |
(A) The LTAR shall be based on the most limiting, naturally occurring soil horizon within 18 inches of the naturally occurring soil surface or to a depth of 12 inches below the infiltrative surface.
(B) The DDF shall be divided by the LTAR, determined from Table XXIX or XXX, to calculate the minimum dispersal field area required. The minimum dripline length shall be calculated by dividing the required area by the maximum line spacing of two feet. The following equations shall be used to calculate the minimum dispersal field area and dripline length required:
MA = DDF / LTAR
DL = MA / LS
Where MA = minimum dispersal field area, in ft2
DDF = design daily flow, in gpd
LTAR = in gpd/ft2
DL = dripline length, in feet
LS = two-foot line spacing
(C) The minimum dripline length calculated in Part (B) of this Subparagraph shall not be less than 0.5 x DDF for Group I soils, 0.83 x DDF for Group II soils, 1.25 x DDF for Group III soils, or 3.33 x DDF for Group IV soils. The dripline spacing may be adjusted in accordance with Rule .1602(e)(3) of this Subchapter and the PIA Approval so that the minimum required dispersal field area calculated in Part (B) of this Subparagraph does not need to be increased.
(D) Sections of blank tubing without emitters required to comply with site-specific conditions shall not count towards the minimum length of dripline needed when laying out the system or when calculating the linear footage of dripline needed.
(E) LTAR adjustment limitations for NSF/ANSI 40 Systems
(i) the LTAR for new fill shall not exceed 0.6 gpd/ft2 for Group I soils, 0.4 gpd/ft2 for Group II soils, 0.15 gpd/ft2 for Group III soils, or 0.05 gpd/ft2 for Group IV soils; and
(ii) the LTAR for existing fill shall not exceed 0.8 gpd/ft2.
(F) LTAR adjustment limitations for TS-I Systems
(i) the LTAR for new fill shall not exceed 1.0 gpd/ft2 for Group I soils, 0.6 gpd/ft2 for Group II soils, 0.4 gpd/ft2 for Group III soils, or 0.1 gpd/ft2 for Group IV soils;
(ii) the LTAR for existing fill shall not exceed 1.0 gpd/ft2; and
(iii) the LTAR for sites with less than 18 inches of naturally occurring soil to any unsuitable LC shall not exceed the lowest LTAR for Soil Groups I, II, and III, and 0.1 gpd/ft2 for Group IV soils.
(G) LTAR adjustment limitations for TS-II Systems
(i) the LTAR for new fill shall not exceed 1.2 gpd/ft2 for Group I soils, 0.8 gpd/ft2 for Group II soils, 0.5 gpd/ft2 for Group III soils, or 0.12 gpd/ft2 for Group IV soils;
(ii) the LTAR for existing fill shall not exceed 1.0 gpd/ft2; and
(iii) the LTAR for sites with less than 18 inches of naturally occurring soil to any unsuitable LC shall not exceed the lowest LTAR for Soil Groups I, II, and III, and 0.12 gpd/ft2 for Group IV soils.
(4) Table XXX shall be used in determining the LTAR for advanced pretreatment drip dispersal systems installed in saprolite. The LTAR shall be based on the most limiting, naturally occurring saprolite to a depth of 24 inches below the infiltrative surface.
TABLE XXX. LTAR for advanced pretreatment drip dispersal systems based on Saprolite Group
|Saprolite Group |Saprolite Textural Class|LTAR, area basis, in gpd/ft2 |
| | |NSF/ANSI 40 |TS-I |TS-II |
|I |Sand |0.4 – 0.5 |0.4 – 0.6 |0.4 – 0.8 |
| |Loamy sand |0.3 – 0.4 |0.3 – 0.5 |0.3 – 0.6 |
|II |Sandy loam |0.25 – 0.35 |0.25 – 0.4 |0.25 – 0.5 |
| |Loam |0.2 – 0.25 |0.2 – 0.3 |0.2 – 0.4 |
| |Silt loam |0.05 – 0.1 |0.05 – 0.15 |0.05 – 0.2 |
|III |Sandy clay loam |0.05 – 0.1 |0.05 – 0.12 |0.05 – 0.15 |
(5) A special site evaluation shall be required in accordance with Rule .0510 of this Subchapter, as applicable.
(6) Setbacks allowed in Table XXVIII of Rule .1202(d) of this Section may be used with advanced pretreatment drip dispersal systems when no reduction in the depth to a LC or vertical separation reduction is proposed compared to the requirements for DSE in Table XXVI or Table XXVII of Rule .1202(b) of this Section. A minimum of 18 inches of naturally occurring soil to an unsuitable LC shall be required to take setback reductions. The following LTAR limitations shall be applicable:
(A) for NSF/ANSI 40 systems, with the exception of the setback reductions to artificial drainage systems, when reductions are taken in setbacks, the LTAR shall not exceed the lowest LTAR for Soil Groups I, II, and III, and 0.1 gpd/ft2 for Group IV soil;
(B) for TS-I Systems, with the exception of setback reductions to artificial drainage systems, when reductions are taken in setbacks, the LTAR shall not exceed the mid-range LTAR for Soil Groups I, II, and III, and 0.1 gpd/ft2 for Group IV soils;
(C) for NSF/ANSI 40 and TS-I Systems, Table XXIX may be used to determine the LTAR when no other setback reductions are taken aside of those to artificial drainage systems; and
(D) for TS-II Systems, Table XXIX shall be used to determine the LTAR. The LTAR from Table XXIX and reduced setbacks for TS-II Systems from Table XXVIII of Rule .1202(d) of this Section may be taken concurrently.
(c) Drip dispersal systems with a DDF greater than 1,500 gpd and less than or equal to 3,000 gpd used with advanced pretreatment may propose an adjusted LTAR if the following criteria are met:
(1) no reduction in the depth to a LC, vertical separation, or setback reduction is proposed;
(2) proposed LTAR is supported by a special site evaluation in accordance with Rule .0510 of this Subchapter; and
(3) 25-foot setback shall be maintained to all property lines, unless one of the following criteria is met:
(A) site-specific nitrogen migration analysis for a TS-I system indicates that the nitrate-nitrogen concentration at the property line will not exceed 10 mg/L; or
(B) TS-II system is used.
(d) Drip dispersal installation shall be in accordance with Rule .0908(f) of this Subchapter.
History Note: Authority G.S. 130A-334; 130A-335; 130A-342; 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1205 ADVANCED PRETREATMENT SAND LINED TRENCH SYSTEMS
(a) Sand lined trench systems with a DDF less than or equal to 1,500 gpd receiving TS-I or TS-II effluent shall meet the requirements of this Rule.
(b) The site meets the criteria in Rule .0906(c) of this Subchapter and the receiving permeable horizon may be deeper than 60 inches below the natural grade.
(c) If a groundwater lowering system is used to comply with the vertical separation to a SWC, the following conditions shall apply:
(1) the site shall comply with the requirements of Rule .0906(d) of this Subchapter; and
(2) the vertical separation requirement to a SWC shall be reduced to nine inches with pressure dosed gravity distribution or six inches with pressure dispersal.
(d) Table XXXI shall be used to determine the LTAR for a sand-lined trench system and shall be based on the most limiting, naturally occurring soils overlying the permeable receiving layer. An equivalent trench width of three feet shall be used to determine trench length in accordance with Rule .0901(d) of this Subchapter. The LTAR shall be one of the following:
(1) the rate set forth in Table XXXI; or
(2) 20 percent of the in-situ Ksat of the receiving permeable horizon, whichever is less.
TABLE XXXI. LTAR for advanced pretreatment sand lined systems based on texture of the most hydraulically limiting overlying soil horizon
|Soil Group |Texture of Most Hydraulically Limiting |LTAR in gpd/ft2* |
| |Overlying Soil Horizon | |
|I |Sand |0.9 – 1.4 |
|II |Coarse Loams |0.7 – 1.0 |
|III |Fine Loams |0.4 – 0.8 |
|IV |Clays |0.2 – 0.4 |
*There shall be no reduction in trench length compared to a conventional gravel trench when Accepted or Innovative gravelless trench product is used.
(e) A Special Site Evaluation in accordance with Rule .0510 of this Subchapter shall be required for the following conditions to field verify the LTAR:
(1) when the texture of the receiving permeable horizon is sandy loam or loam, and the system DDF is greater than 600 gpd; or
(2) when the texture of the receiving permeable horizon is silt loam.
(f) Setbacks in accordance with Table XXVIII of Rule .1202(d) of this Section shall be applied to sand lined trench systems.
(g) Sand lined trench system installation shall be in accordance with Rule .0906(h) of this Subchapter.
History Note: Authority G.S. 130A-334; 130A-335; 130A-342; 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1206 ADVANCED PRETREATMENT BED SYSTEMS
(a) This Rule shall apply to bed systems receiving advanced pretreatment.
(b) Bed systems receiving NSF/ANSI 40 effluent, or better, on sites with a DDF less than or equal to 600 gpd shall meet the following requirements:
(1) the soil and site shall meet the following criteria:
(A) the vertical separation requirements of Rule .0901(g)(2) of this Subchapter;
(B) soil texture is Group I, II, or III; and
(C) design options for the site are limited by topography or available space;
(2) Table XVII in Rule .0901(c) of this Subchapter shall be used to determine the LTAR for a bed system. On sites where the soil texture is Group I or II, the initial LTAR shall be increased by a factor of 1.125 with no further reduction in bed size allowed;
(3) setbacks allowed in Table XXVIII of Rule .1202(d) of this Section shall be used; and
(4) bed system installation shall be in accordance with Rule .0903(e) of this Subchapter.
(c) Bed systems receiving TS-I or TS-II effluent on sites with a DDF less than or equal to 1,500 gpd shall meet the following requirements:
(1) The soil and site meet the following criteria:
(A) there is a minimum of 30 inches of suitable Group I or II soils below the naturally occurring soil surface and no SWC within the first 36 inches below the naturally occurring soil surface or 36 inches of Group I soils below the naturally occurring soil surface and no SWC exists within the first 12 inches below the naturally occurring soil surface;
(B) the requirement for 30 inches of Group I or II soils or 36 inches of Group I soils in Part (A) of this Subparagraph may be reduced to 18 inches when a special site evaluation in accordance with Rule .0510 of this Subchapter is provided;
(C) sites shall have a uniform slope not exceeding two percent, unless a special site evaluation submitted and approved in accordance with Rule .0510 of this Subchapter is provided; and
(D) the bed system shall be considered to be a fill system if the infiltrative surface is installed less than six inches below the naturally occurring soil surface. For bed systems in fill, the requirements of Paragraph (e) of this Rule shall also be met.
(2) Table XVII in Rule .0901(c) of this Subchapter shall be used to determine the initial LTAR for a bed system and shall be based on the most limiting, naturally occurring soil horizon within 36 inches of the naturally occurring soil surface or to a depth of 12 inches below the bed bottom, whichever is deeper. The minimum bed size shall be determined in accordance with the following:
(A) the minimum amount of bottom area square feet shall be determined by dividing the DDF by the LTAR;
(B) when the bed is a fill system, the lowest LTAR for the applicable Soil Group shall be used. The LTAR shall not exceed 1.0 gpd/ft2;
(C) fill shall not be added to the naturally occurring soil surface in order to increase the LTAR of a bed system;
(D) the minimum bed size shall be reduced by up to 25 percent when the system is designed to comply with TS-I or TS-II effluent and is not installed in existing fill; and
(E) the minimum bed size may be reduced by up to 40 percent when the following criteria are met: the system is designed to comply with TS-II effluent; Group I Soil is present in the first 36 inches of naturally occurring soil; no SWC exists within the first 30 inches below the naturally occurring soil surface or within 24 inches of the bed bottom; the bed or beds are not located beneath the advanced pretreatment components, and pressure dispersal is used; effluent is distributed to the beds by a pump and timer control system designed to distribute flow evenly over a 24-hour period; and there is 100 percent dispersal field repair area.
(3) A special site evaluation shall be submitted and approved in accordance with Rule .0510 of this Subchapter when the vertical separation to a LC is reduced and on sites with slopes greater than two percent.
(4) Setbacks as set forth in Table XXVIII of Rule .1202(d) of this Section shall apply as follows:
(A) the setbacks shall be measured from the nearest edge of the bed;
(B) for bed systems using fill, the setbacks shall be measured from a point five feet from the nearest edge of the bed sidewall, or from the projected toe of the slope that is required to comply with the soil and site limitations, whichever is greater;
(C) the minimum separation between initial and repair dispersal field areas serving a single system and facility shall be two feet of naturally occurring soil. Ten feet of naturally occurring soils shall separate the initial and repair dispersal field areas serving separate facilities when these bed systems are on a common site or tract of land; and
(D) whenever the bed size is reduced in accordance with this Rule, only reduced setbacks to artificial drainage systems in accordance with Table XXVIII of Rule .1202(d) of this Section shall be allowed.
(5) Bed system installation shall be in accordance with Rule .0903(e) of this Subchapter and the following:
(A) pressure dispersal shall be used whenever effluent is distributed to a bed not located beneath the advanced pretreatment component; and
(B) when new fill is required for the installation of a bed system, suitable Group I fill material shall be used to comply with the vertical separation requirements from the bed bottom to a LC, when all of the following conditions are met: a groundwater lowering system is not used to comply with the vertical separation requirements; new fill material is sand or loamy sand, containing not more than 10 percent by volume fibrous organics, building rubble, or other debris and does not have discreet layers containing greater than 35 percent of shell fragments by volume; and the requirements of Rule .0909(c)(8) of this Subchapter, for the projected side slope of the fill are met, as determined beginning at a point six inches above the top edge of the bed.
(d) Bed systems receiving TS-I or TS-II effluent on sites with a DDF greater than 1,500 gpd and less than or equal to 3,000 gpd shall meet the following requirements:
(1) The soil and site shall meet the minimum following criteria:
(A) Group I soils are present for 54 inches below the naturally occurring soil surface;
(B) no SWC exists within the first 48 inches below the naturally occurring soil surface; and
(C) vertical separation of 24 inches to any SWC is maintained below the bed bottom, unless a site-specific groundwater mounding analysis is performed and demonstrates a 12-inch separation or 18-inch minimum for a fill system in accordance with Rule .0909(c) of this Subchapter shall be maintained.
(2) Table XVII in Rule .0901(c) of this Subchapter shall be used to determine the initial LTAR for a bed system and shall be based on the most limiting, naturally occurring soil horizon within 36 inches of the naturally occurring soil surface or to a depth of 12 inches below the bed bottom, whichever is deeper. The minimum bed size shall be determined in accordance with the following:
(A) the minimum number of square feet of bed bottom area shall be calculated by dividing the DDF by the LTAR;
(B) the minimum bed size shall be reduced by up to 25 percent when the system is designed and approved to comply with TS-I or TS-II effluent standards and will be installed in naturally occurring soil; and
(C) the minimum bed size may be reduced by up to 40 percent when all of the following criteria are met: the system is designed and approved to comply with TS-II effluent standards; the hydraulic assessment demonstrates that a 24-inch minimum vertical separation to a SWC is maintained after accounting for projected groundwater mounding; and there is 100 percent dispersal field repair area.
(3) A special site evaluation shall be submitted and approved in accordance with Rule .0510 of this Subchapter.
(4) No setback reductions shall be allowed in accordance with Table XXVIII of Rule .1202(d) of this Section. The following horizontal setbacks shall be met:
(A) the minimum setback between initial and repair dispersal field areas serving a single system and facility shall be two feet of naturally occurring soil. Ten feet of naturally occurring soil shall separate the initial and repair dispersal field areas serving separate facilities when these bed systems are on a common site or tract of land;
(B) when two beds are used, the minimum separation between two beds shall be 20 feet. When three or more beds are used, the minimum separation between beds shall be 10 feet; and
(C) a 25-foot setback shall be maintained from edge of the bed to the property line unless a site-specific nitrogen migration analysis indicates that the nitrate-nitrogen concentration at the property line will not exceed 10 mg/L or TS-II or better effluent is produced by the approved system.
(5) Bed system installation shall be in accordance with Rule .0903(e) of this Subchapter and the following criteria:
(A) two or more equally sized beds shall be used and the beds shall not be located beneath the advanced pretreatment components; and
(B) effluent shall be distributed to the beds by a pressure dispersal system. A timed dosed system shall be used to distribute flow evenly to the beds over a 24-hour period.
(e) Bed systems receiving TS-I or TS-II quality effluent may be proposed for a site with existing fill that meets the requirements of Rule .0909(d) of this Subchapter under the following conditions:
(1) no SWC exists within 18 inches of the existing fill surface;
(2) 18 inches of vertical separation exists to the SWC;
(3) the DDF does not exceed 480 gpd; and
(4) pressure dispersal is used. The requirement for pressure dispersal shall not be required if the advanced pretreatment system PIA Approval allows for advanced pretreatment unit(s) to discharge directly to the underlying bed and for multiple units, where applicable, when the advanced pretreatment units are spaced at equal intervals across the entire bed area.
History Note: Authority G.S. 130A-334; 130A-335; 130A-342; 130A-343;
Eff. January 1, 2024.
section .1300 – operation and maintenance
15A NCAC 18E .1301 OPERATION AND MAINTENANCE OF WASTEWATER SYSTEMS
(a) Wastewater systems shall be operated and maintained in accordance with the conditions of the OP, PIA Approval, and the Rules of this Section, including the manufacturer's operation and maintenance instructions, as applicable. Dispersal field repair areas shall be maintained in accordance with the Rules of this Subchapter.
(b) System management in accordance with Table XXXII shall be required for all systems installed or repaired after July 1, 1992. System management in accordance with Table XXXII shall also be required for all Type V and VI systems installed on or before July 1, 1992.
TABLE XXXII. Management responsibilities based on wastewater system classification type and description
|System Classification Type and |LHD Compliance |Management Entity |Management Entity Minimum Maintenance |
|Description |Inspection Frequency | |Inspection Frequency |
|Ia – Privy or vault privy |N/A |Owner |N/A |
|Ib – Chemical toilet |N/A |Owner |N/A |
|Ic – Incinerating toilet |N/A |Owner |N/A |
|Id – Composing toilet system |N/A |Owner |N/A |
|Ie – Other toilet system |N/A |Owner |N/A |
|IIa – Conventional system for a single |N/A |Owner |N/A |
|family or 480 gpd or less | | | |
|IIb – Accepted wastewater gravity system |N/A |Owner |N/A |
|IIIa – Conventional wastewater system |N/A |Owner |N/A |
|greater than 480 gpd excluding single | | | |
|family residences | | | |
|IIIb – Wastewater system with a single |5 years |Owner or |N/A |
|pump or siphon |N/A |Certified Operator |5 years |
|IIIc – Gravity fill system |N/A |Owner |N/A |
|IIId – Alternating dual fields with |N/A |Owner |N/A |
|gravity distribution | | | |
|IIIe – PPBPS gravity system |N/A |Owner |N/A |
|IIIf – LDP gravity system |N/A |Owner |N/A |
|IIIg – Other non-conventional systems |N/A |Owner |N/A |
|IIIh – Gravity groundwater lowering |5 years |Owner |N/A |
|system | | | |
|IVa – LPP distribution |3 years |Private Certified Operator or|2/year |
| | |Public Management Entity with| |
| | |a Certified Operator | |
|IVb – System with more than one pump or |3 years |Private Certified Operator or|2/year |
|siphon | |Public Management Entity with| |
| | |a Certified Operator | |
|IVc – Off-site system serving two or more|5 years |Private Certified Operator or|1/year |
|facilities with any components under | |Public Management Entity with| |
|common or joint control | |a Certified Operator | |
|IVd –Alternating dual fields with |3 years |Private Certified Operator or|1/year |
|pressure dosed gravity distribution | |Public Management Entity with| |
|including off-site systems | |a Certified Operator | |
|Va – Advanced pretreatment meeting |1/year |Private Certified Operator or|≤ 1,500 gpd - 2/year* |
|NSF/ANSI 40, TS-I, or TS-II, approved | |Public Management Entity with|> 1,500 gpd and ≤ 3,000 gpd - 4/year |
|under Section .1700 of this Subchapter, | |a Certified Operator | |
|DDF ≤ 3,000 gpd | | | |
|Vb – DSE wastewater systems > 3,000 gpd |1/year |Private Certified Operator or|> 3,000 and ≤ 10,000 gpd - monthly |
|with dispersal field > 1,500 gpd | |Public Management Entity with|> 10,000 gpd flow - weekly |
| | |a Certified Operator | |
|Vc – RWTS, approved under Section .1500 |1/year |Private Certified Operator or|≤ 1,500 gpd - 2year* |
|of this Subchapter, meeting NSF/ANSI 40, | |Public Management Entity with| |
|DDF ≤ 1,500 gpd | |a Certified Operator | |
|Vd – Anaerobic drip dispersal systems |1/year |Private Certified Operator or|≤ 1,500 gpd - 2/year* |
| | |Public Management Entity with|> 1,500 gpd and ≤ 3,000 gpd - 4/year |
| | |a Certified Operator |> 3,000 gpd and ≤ 10,000 gpd – 12/year |
| | | |> 10,000 gpd – 1/week |
|Ve - Flow equalization |≤ 1,500 gpd – once every|Private Certified Operator or|Based on equalized flow |
| |three years |Public Management Entity with|≤ 1,500 gpd - 2/year |
| |> 1,500 gpd – 1/year |a Certified Operator |> 1,500 and ≤ 3,000 gpd - 4/year |
| | | |> 3,000 gpd and ≤ 10,000 gpd – 12/year |
| | | |>10,000 gpd – 1/week |
|Vf – Sand lined trench system with no |1/year |Private Certified Operator or|1/year |
|advanced pretreatment or drip dispersal | |Public Management Entity with| |
| | |a Certified Operator | |
|Vg – Wastewater system with pump |1/year |Private Certified Operator or|2/year with one visit during the wet |
|groundwater lowering systems | |Public Management Entity with|season |
| | |a Certified Operator | |
|Vh – IPWW designed by a PE and reviewed |1/year |Private Certified Operator or|≤ 1,500 gpd - 2/year* |
|by the Department and determined to be | |Public Management Entity with|> 1,500 gpd and ≤ 3,000 gpd - 4/year |
|IPWW | |a Certified Operator |> 3,000 gpd and ≤ 10,000 gpd – 12/year |
| | | |> 10,000 gpd – 1/week |
|Vi – Permanent pump and haul |1/year |Private Certified Operator |1/month |
|VIa – Advanced pretreatment > 3,000 gpd |6 months |Private Certified Operator or|Media filters |
|meeting NSF/ANSI 40, TS-I, or TS-II | |Public Management Entity with|> 3,000 gpd and ≤ 10,000 gpd - 12/year |
| | |a Certified Operator |>10,000 gpd – 1/week |
| | | | |
| | | |All other advanced pretreatment |
| | | |> 3,000 gpd and ≤ 10,000 gpd - 12/year |
| | | |> 10,000 and ≤ 25,000 gpd - 2/week |
| | | |> 25,000 and ≤ 50,000 gpd - 3/week |
| | | |> 50,000 gpd - 5/week |
|VIb – Any system using RCW |6 months |Private Certified Operator or|≤ 3,000 gpd - 12/year |
| | |Public Management Entity with|> 3,000 and ≤ 10,000 gpd - 1/week |
| | |a Certified Operator |> 10,000 and ≤ 25,000 gpd - 2/week |
| | | |> 25,000 and ≤ 50,000 gpd - 3/week |
| | | |> 50,000 gpd - 5/week |
*Quarterly Management Entity inspections shall be required for the first year. The quarterly inspections may be reduced to twice a year if the wastewater system is in compliance with all OP conditions after the first year.
(c) Wastewater systems with multiple components shall be classified by their highest or most complex system classification type in accordance with Table XXXII to determine LHD and Management Entity responsibilities.
(d) The Department shall classify wastewater systems not identified in Table XXXII after consultation with the Water Pollution Control Systems Operators Certification Commission.
(e) The site for the wastewater system shall be accessible for monitoring, maintenance, inspection, and repair.
(f) The system shall be maintained to comply with the effluent standards specified in Table XXV of Rule .1201(a) or Rule .1002 of this Subchapter and the OP, as applicable. Influent and effluent sampling may be required for food preparation or processing facilities, IPWW, and other systems as specified in the PIA Approval or OP.
(g) The owner may submit a written request to the LHD and Department to reduce the wastewater system effluent sampling frequency, effluent sampling constituents, or Management Entity inspection frequency. The written request shall include documentation showing that the wastewater system is compliant with its OP and Rule .1302(f) of this Section.
(h) The replacement of a specific component, except tanks and dispersal media, by an identical replacement component, including pipes, blowers, pumps, disinfection components, effluent filters, and control panels and appurtenances, shall be considered maintenance. When the replacement is performed as maintenance by the Management Entity, this activity shall be reported to the owner and LHD within 30 days of when the activity occurs.
(i) All residuals shall be removed as specified in the OP, the RWTS or PIA Approval, Rule .1303 of this Section, or as otherwise determined to be needed by the Management Entity. Residuals from the wastewater system shall be transported and disposed of in accordance with G.S. 130A, Article 9, and 15A NCAC 13B.
History Note: Authority G.S. 130A-335(e) and (f); S.L. 2015-147, s. 2;
Eff. January 1, 2024.
15A NCAC 18E .1302 OPERATION AND MAINTENANCE OF ADVANCED PRETREATMENT SYSTEMS
(a) This Rule shall apply to all advanced pretreatment systems approved in accordance with Sections .1500 and .1700 of this Subchapter.
(b) System management in accordance with Table XXXII of Rule .1301(b) of this Section shall be required for advanced pretreatment systems.
(c) Prior to the issuance or re-issuance of an OP for an advanced pretreatment system, the owner shall provide to the LHD documentation that a contract for operation and maintenance of the system is in place with a Management Entity. For proprietary advanced pretreatment systems, the contract shall be with either the manufacturer, manufacturer's representative, or a Management Entity authorized in writing by the manufacturer or manufacturer's representative to operate the system. For non-proprietary advanced pretreatment systems, the contract shall be with an operator certified in accordance with Rule .0303(e) of this Subchapter for the classification indicated on the OP.
(d) Operation and maintenance for advanced pretreatment shall be in accordance with the following:
(1) the Management Entity shall evaluate the performance of each system;
(2) minimum inspection, sampling, and reporting frequency shall be in accordance with this Section, the RWTS or PIA Approval, and conditions of the OP;
(3) the Management Entity shall inspect each system during one or more of the required Management Entity inspections while the system is in operation using a VIP specified by the manufacturer and included in the RWTS or PIA Approval. The VIP shall include the following:
(A) a visual inspection and evaluation of all critical treatment components and of the effluent in the field for solids, clarity, color, and odor. The VIP shall also include field tests of pH, turbidity, and dissolved oxygen content and, for TS-II systems, alkalinity, and any other tests proposed by the manufacturer and specified in the RWTS or PIA Approval;
(B) compliance criteria to determine system compliance status and proposed responses to conditions observed; and
(C) for systems serving vacation rentals subject to the North Carolina Vacation Rental Act, G.S. 42A, this visit shall be scheduled during the seasonal high use period and shall coincide with a water quality sampling event if required in accordance with Rule .1709 of this Subchapter;
(4) the actual flow shall be recorded in accordance with the RWTS or PIA Approval by the Management Entity prior to the visual inspection of the system in accordance with Subparagraph (d)(3) of this Rule and prior to any effluent sampling event required in accordance with Rule .1709 of this Subchapter; and
(5) sampling and resampling for an approved RWTS or PIA System shall be undertaken as required in accordance with Rule .1709 of this Subchapter and the following:
(A) all samples shall be collected, preserved, transported, and analyzed in compliance with 40 CFR 136;
(B) samples shall be taken to a certified laboratory, as defined in G.S. 130A-313(2), for analysis;
(C) documented chain of custody for each sample collected shall be maintained; and
(D) re-sampling at any site shall be performed as required in the RWTS or PIA Approval, Rule .1709 of this Subchapter, or as otherwise directed by the LHD or Department as part of an enforcement action. The owner, manufacturer, or manufacturer's representative may also re-sample a system to verify or refute sample results. A new complete data set for re-sampling conducted within 30 days of receipt of a non-compliant data set may be substituted to demonstrate compliance with the designed effluent quality standard in accordance with Table XXV of Rule .1201(a) of this Subchapter. All sample results collected shall be reported.
(e) The results of all sampling shall be reported by the Management Entity to the owner, LHD, Department, and the proprietary advanced pretreatment manufacturer.
(f) An individual advanced pretreatment system at a single site shall be considered compliant when the following conditions are met:
(1) annual VIP specified in the RWTS or PIA Approval indicates that the results of the VIP meet the requirements specified in the RWTS or PIA Approval; and
(2) the arithmetic mean for BOD5, TSS, TKN, and TN and the geometric mean for Fecal Coliform from three or more consecutive sampling dates does not exceed the designated effluent standard in Table XXV in Rule .1201(a) of this Subchapter. A new complete data set for re-sampling conducted within 30 days of receipt of a non-compliant data set may be substituted to demonstrate compliance with the designed effluent quality standard in accordance with Table XXV of Rule .1201(a) of this Subchapter.
(g) Mass loading for BOD5, TSS, or TN may be used to demonstrate site compliance with Subparagraph (f)(2) of this Rule for a wastewater system with a DDF less than or equal to 3,000 gpd. The mass loading to the wastewater system shall be based on site-specific water use data and effluent sampling results. At least one year of water use data shall be used in this calculation. The mass loading to the wastewater system shall be calculated as follows:
EML = Flow x EFF
AML = 0.6 x DDF x TS
If EML ≤ AML, the site is compliant
Where EML = effective mass loading
AML = allowable mass loading
Flow = average daily flow during the peak water use month or the average of the
peak 30 consecutive day period during the prior year, in gpd
EFF = average of the results for the constituent from at least the two most recent
complete data sets, in mg/L
TS = the effluent limit based on the constituent and effluent standard in mg/L,
from Table XXV in Rule .1201(a) of this Subchapter
(h) The Management Entity may record daily wastewater flow and may sample influent to the advanced pretreatment system as needed to determine compliance with this Rule and OP conditions.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .1303 OWNER RESPONSIBILITIES FOR WASTEWATER SYSTEM OPERATION AND MAINTENANCE
(a) Any person owning or controlling the property upon which a wastewater system is installed shall be responsible for the following items regarding the operation and maintenance of the system:
(1) the wastewater system shall be operated and maintained to protect North Carolina ground and surface water quality standards and to prevent the following conditions:
(A) discharge of sewage or effluent to the surface of the ground, surface waters, or into groundwater at any time;
(B) back-up of sewage or effluent into the facility, building drains, collection system, freeboard volume of the tanks, or distribution system; or
(C) effluent within three inches of finished grade over one or more trenches based on two or more observations made not less than 24 hours apart, and greater than 24 hours after a rainfall event;
(2) the system shall be considered to be malfunctioning when one or more of the conditions of Subparagraph (a)(1) of this Rule occur or if it is necessary to remove the contents of the tank(s) at a frequency greater than once per month in order to prevent one or more of the conditions of Subparagraph (a)(1) of the Rule. The owner shall contact the LHD when the wastewater system is malfunctioning and implement remedies as directed by the LHD in accordance with Rule .1306 of this Section. If the system was permitted under an EOP or AOWE permit, the owner shall contact the PE or AOWE when the wastewater system is malfunctioning;
(3) wastewater systems shall be inspected, and the entire contents of all septic tank compartments shall be removed whenever the depth of both the scum and sludge is found to be more than one-third of the liquid depth in any compartment. The effluent filter shall be rinsed to remove accumulated solids that can cause the wastewater to back up into the facility or clog the system, or replaced as needed;
(4) residuals from the wastewater system shall be transported and disposed of in accordance with G.S. 130A, Article 9, and 15A NCAC 13B;
(5) grease traps and grease tanks shall be pumped as needed to prevent discharge of FOG from the trap or tank to the next treatment component, but no less than yearly. Grease traps and grease tanks shall be maintained in accordance with Rule .0803(h) of this Subchapter and the owner shall maintain a contract with a septage management firm. All pumping records shall be maintained on-site;
(6) site-specific vegetation shall be established and maintained over the wastewater system and repair area to stabilize slope and control erosion;
(7) activities that result in soil disturbance or soil compaction shall not occur over the initial and repair dispersal field area;
(8) maintaining the wastewater system in accordance with Rule .1301(a) of this Section; and
(9) turning the effluent flow diversion valve for alternating dual dispersal fields once a year or as specified by the PE, AOWE, or authorized designer.
(b) A contract for operation and maintenance of a wastewater system required to be maintained by a Management Entity, as specified in Table XXXII of Rule .1301(b) of this Section, shall be in effect for as long as the system is in use. A contract shall be executed between the system owner and a Management Entity prior to the issuance of an OP, unless the system owner and Management Entity are the same. The contract shall include:
(1) specific requirements for operation, maintenance, and associated reporting;
(2) responsibilities of the owner;
(3) responsibilities of the Management Entity;
(4) provisions for notification to the LHD by the owner and Management Entity upon termination of the contract; and
(5) other requirements for the continued performance of the system, as determined by the Management Entity, LHD, and Department, as applicable.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .1304 MANAGEMENT ENTITY RESPONSIBILITIES FOR WASTEWATER SYSTEM OPERATION AND MAINTENANCE
(a) When a Management Entity is required to be or to employ a certified operator as specified in Table XXXII in Rule .1301(b) of this Section, the operator shall, at a minimum, be certified as a subsurface operator in accordance with G.S. 90A, Article 3, and 15A NCAC 08G. Operators of systems classified as Type V or VI in Table XXXII in Rule .1301(b) of this Section may be required to have additional certifications by the Department in accordance with Rule .1301(d) of this Section and upon consultation with the Water Pollution Control Systems Operator Certification Commission, if required by G.S. 90A, Article 3.
(b) The Management Entity shall inspect the wastewater system at the frequency specified in Table XXXII in Rule .1301(b) of this Section or in accordance with the RWTS or PIA Approval.
(c) The Management Entity shall provide a copy of the inspection report, including results of the VIP with respect to compliance criteria as specified in the RWTS or PIA Approval and effluent sampling, to the owner, LHD, and manufacturer within 30 days of the system inspection.
(d) When inspections indicate the need for system repairs, the Management Entity shall notify the LHD within 48 hours.
(e) The Management Entity shall be responsible for conducting routine maintenance procedures and monitoring requirements in accordance with the conditions of the OP and the contract.
(f) The Management Entity shall notify the LHD and the proprietary advanced pretreatment manufacturer, as applicable, when the owner or the Management Entity chooses not to renew an operation and maintenance contract executed in accordance with this Rule.
(g) The Management Entity shall submit the inspection report to the Department centralized data management system.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .1305 LOCAL HEALTH DEPARTMENT RESPONSIBILITIES FOR WASTEWATER SYSTEM OPERATION AND MAINTENANCE
(a) No IP, CA, or OP shall be issued for Type IV, V, or VI systems, unless a Management Entity of the type specified in Table XXXII in Rule .1301(b) of this Section is authorized and operational to carry out operation and maintenance requirements for the wastewater system as set forth in these Rules and the OP.
(b) An LHD may be the Management Entity only for systems classified Type IV, Va, Vb, Vc, Vd, Ve, Vf, and Vg and only when authorized by the local board of health.
(c) An authorized agent shall review the performance and inspection reports submitted in accordance with Rule .1304(c) of this Section and perform an on-site compliance inspection of the systems as required in Table XXXII in Rule .1301(b) of this Section. More frequent inspections may be performed by an authorized agent if requested by the system owner or the Management Entity, or specified in the PIA approval or OP.
(d) The LHD may provide the owner with the option for a private Management Entity, who is not the owner, to perform the on-site compliance inspection for Type IIIb and IIIh systems in accordance with Table XXXII in Rule .1301(b) of this Section instead of the LHD. The Management Entity shall provide to the owner and LHD a written compliance inspection report every five years. The report shall document that the wastewater system is compliant with this Subchapter, the performance standards in the OP or ATO, and conditions in the OP or the ATO.
(e) The authorized agent shall issue a written notice of non-compliance to the owner when the wastewater system is not malfunctioning in accordance with Rule .1303(a)(2) of this Section, but non-compliant with this Subchapter, the performance standards in the OP or ATO, or conditions in the OP or the ATO.
(f) The LHD shall investigate malfunctions in accordance with Rule .1306 of this Section.
History Note: Authority G.S. 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .1306 SYSTEM MALFUNCTION AND REPAIR
(a) This Rule identifies the responsibilities of the LHD and the owner when a system is malfunctioning or otherwise determined to require repair.
(b) The LHD or Department shall issue a written NOV to the wastewater system owner in accordance with Rule .0302(c) of this Subchapter.
(c) The wastewater system shall be repaired within 30 days of the date on the NOV issued by the Department or LHD unless the NOV specifies a different time frame for the repair based on site-specific factors, such as the severity of the repair, wastewater backing up into a restaurant or discharging into SA waters, or adverse weather that delays construction of the repair. The following steps shall be followed to remedy a malfunctioning wastewater system:
(1) The owner shall apply for a repair in accordance with Section .0200 of this Subchapter, unless only maintenance is required to bring the wastewater system into compliance.
(2) After investigating the malfunction, the Department or LHD shall require that the wastewater system be repaired to correct the malfunction and eliminate any public health hazard. The wastewater system shall be repaired so that it meets G.S. 130A, Article 11 and this Subchapter. When it is not possible to bring the wastewater system into compliance with G.S. 130A, Article 11 and this Subchapter, the authorized agent shall use their best professional judgement, based on education and experience, to require a repair that should enable the wastewater system to function in a manner that complies with Rule .1303(a)(1) of this Section. The LHD shall document that the repair uses best professional judgement on the CA and OP.
(3) When necessary to protect the public health, the Department or LHD shall require the owner of a malfunctioning system to pump and haul sewage to an approved wastewater system during the time needed to repair the wastewater system. This requirement shall be included in the NOV issued to the owner.
(d) If no repair options are available for the wastewater system in accordance with Paragraph (c), the LHD may issue a CA and OP for a permanent pump and haul system. The applicant shall submit an application to the LHD for the permanent pump and haul system. The application and permanent pump and haul system shall meet the following conditions:
(1) The owner shall provide the following information as part of the application:
(A) a report that the system cannot be repaired by connection to a system approved under this Section or a system approved under G.S. 143, Article 21;
(B) a contract with a septage management firm permitted in accordance with G.S. 130A-291.1 to pump and haul the sewage;
(C) documentation that the wastewater system has been approved under this Subchapter or in accordance with 15A NCAC 02H or 15A NCAC 02T to accept sewage; and
(D) documentation from the facility receiving the sewage confirming that the facility has the capacity for the additional sewage and agrees to accept it.
(2) The LHD shall design the pump and haul system based on the following criteria:
(A) tankage with a minimum of five days storage capacity and two days emergency storage capacity;
(B) high-water alarm set to go off with two days of emergency storage capacity left in the tankage; and
(C) telemetry unit that contacts the septage management firm.
(3) The owner of a non-residential facility may request a reduction in the five day storage requirement, if the owner can document the ability to have the tanks pumped out with only 24 hours' notice. The total tank capacity shall never be less than the minimum required septic tank and pump tank capacity required by Section .0800 of this Subchapter.
(4) Tanks shall be approved by the LHD for permanent pump and haul if shown to be structurally sound, watertight, and of a capacity needed based on the DDF and projected pumping frequency. Existing tanks may be used for permanent pump and haul if the tanks meet the requirements in this Subparagraph.
(5) Prior to issuing the OP, the LHD shall receive from the owner a contract with a Management Entity for inspection and maintenance of the system.
(6) A non-transferrable OP, valid for a period of five years, shall be issued to the pump and haul system owner.
(e) A malfunctioning wastewater system that has been disconnected from the facility for any reason shall be repaired prior to reuse.
(f) If the dispersal field in a malfunctioning wastewater system is found to be nonrepairable, the dispersal field shall not be used. The system owner shall be required to abandon the system to protect the public health and safety as specified in Rule .1307 of this Section.
(g) For facilities with a malfunctioning wastewater system installed prior to July 1, 1977, the authorized agent shall use their best professional judgement, based on education and experience, to repair the system.
(h) For facilities with a wastewater disposal method installed prior to July 1, 1977, which has been in continual use and acts as the sole source of wastewater disposal, the authorized agent shall use their best professional judgement, based on education and experience, to repair the wastewater disposal method.
(i) Legal remedies may be pursued, in accordance with G.S. 130A, Article 1, Part 2, after an authorized agent has observed and documented one or more malfunctioning conditions and issued an NOV.
History Note: Authority G.S. 130A-291.1; 130A-291.2; 130A-335(e) and (f);
Eff. January 1, 2024.
15A NCAC 18E .1307 WASTEWATER SYSTEM ABANDONMENT
If a wastewater system is abandoned or is otherwise no longer in use, the tanks shall:
(1) have the contents removed by a septage management firm permitted in accordance with G.S. 130A-291.1;
(2) be removed, collapsed, or otherwise rendered unable to retain liquid, and backfilled; and
(3) have the electrical components de-energized and above ground components removed.
History Note: Authority G.S. 130A-335;
Eff. January 1, 2024.
section .1400 – approval of Tanks, risers, effluent filters, and pipe PENETRATION BOOTS
15A NCAC 18E .1401 PLANS FOR PREFABRICATED TANKS
(a) All tanks proposed for use in a wastewater system described in this Subchapter shall be approved by the Department. Tanks shall be approved as follows:
(1) The tank design shall be approved based on the plans and specifications submitted in accordance with Subparagraphs (c)(1) through (c)(8) of this Rule. After the tank design has been approved, a temporary identification number shall be assigned for tracking purposes.
(2) The tank shall pass a structural load test as described in Subparagraph (c)(9) of this Rule. The test shall be performed and certified by a third-party. The test shall be observed in person by the Department, LHD, PE, or a third-party testing organization. If the tank passes the structural load test, then the tank shall be assigned a permanent identification number. Tanks shall not be sold for use in a wastewater system without a permanent identification number.
(3) The structural design verification shall be required for new tanks, modifications to tank design, and when tank forms are sold to a different tank manufacturer.
(4) Pump tanks may be tested and approved with a baffle wall, without a baffle wall, or with a partial baffle wall. The most limiting design produced by the manufacturer shall be tested.
(b) The tank manufacturer shall submit three copies of the plans and specifications for the initial design of each tank to the Department for approval.
(c) Plans and specifications for tanks with a total liquid capacity less than or equal to 4,000 gallons shall include the following:
(1) all tank dimensions in inches, including:
(A) top, bottom, and sidewall thickness and variations;
(B) minimum and maximum dimensions on tanks with tapered or ribbed walls;
(C) baffle wall location and minimum and maximum thickness and variations;
(D) location and dimension of all openings in baffle wall for gas and liquid movement; and
(E) dimensions of all compartments;
(2) material type and strength, including reinforcement material and location, as applicable, specified by the manufacturer;
(3) method for fastening the baffle wall to the tank interior;
(4) liquid depth and operating capacity in gallons;
(5) pipe penetration boot locations and pipe penetration boots approved in accordance with Rule .1404 of this Section;
(6) methods and material for sealing sections and forming watertight joints in tanks with multiple sections;
(7) drawings showing access openings, tank lids, access manhole risers, and other proposed appurtenances to the tank;
(8) tank manufacturer and PE requirements for installation, including bedding, additional sealing methods, and leak testing procedures; and
(9) documentation of proof of design. The tank shall withstand a minimum uniform live load of 150 pounds per square foot in addition to the dead weight of the material and all geostatic and hydrostatic loads to which an underground tank is normally subjected, such as active soil pressure on tank walls and the uplifting force of groundwater. The documentation shall be one of the following:
(A) a vacuum test of 4.24 inches of mercury held for five minutes meeting the following criteria:
(i) no loss in vacuum greater than two-fifths of an inch of mercury during the test;
(ii) no deformation or deflection greater than two percent along any dimension unless shown by measurement or calculation to result in a reduction in volume no greater than two percent;
(iii) no distortion of the access openings occurs during the testing that prevents removal and replacement of the access opening lids at the conclusion of the test; and
(iv) for tanks constructed with integral risers, no distortion of the riser during the testing and the riser lid can be removed and replaced at the conclusion of the test;
(B) calculations from a PE that the tank can withstand the loading requirements of this Subparagraph and the performance requirements of Part (A) of this Subparagraph shall be met; or
(C) the tank shall be either IAPMO/ANSI Z1000 or CSA B66 certified and the tank manufacturer enrolled in a third-party quality assurance and quality control program, which includes material testing and unannounced annual manufacturing facility audits.
(d) Plans and specifications for tanks with a total liquid capacity greater than 4,000 gallons and all tanks designed for traffic loads shall be designed by a PE in accordance with ASTM C890. Plans shall show the design, including all the information listed in Paragraph (c) of this Rule and engineering calculations showing the minimum and maximum soil burial depth, water table, and traffic load the tank is designed to support.
(e) Plans for tanks not proposed for general use and issued an identification number under this Section shall meet the minimum requirements of this Section and shall be approved by the Department.
(f) The Department or LHD may inspect approved tanks at the place of manufacture, the inventoried sites of the distributors, or at the installation of the tank in a wastewater system for compliance with the approved plans and specifications.
(g) Tanks found to be out of compliance shall be brought back into compliance by the tank manufacturer or the installer as directed by the Department or LHD. Tanks that are not or cannot be brought into compliance shall not be used in a wastewater system and the imprints identified in Rule .1402(d)(15) or (e)(8) of this Section shall be permanently marked over by the authorized agent.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .1402 TANK DESIGN AND CONSTRUCTION
(a) Tanks shall be watertight, structurally sound, and not subject to corrosion or decay.
(b) Septic tanks and grease tanks shall have effluent filters and access devices approved in accordance with Rule .1404 of this Section. An effluent filter and support case shall be installed level in the outlet end of the septic tank or grease tank and shall meet the following criteria:
(1) solvent welded to a minimum of three-inch PVC Schedule 40 outlet pipe;
(2) be installed in accordance with filter manufacturer's specifications and effluent filter approval; and
(3) be accessible and removable without entering the septic tank or grease tank.
(c) Septic tanks installed where the access openings on the top of the tank are deeper than six inches below finished grade shall have an access riser over each compartment with a cover that extends to within six inches of the finished grade. The opening of the access riser shall be large enough to accommodate the removal of the septic tank lid. When the top of the septic tank or access riser is below the finished grade, the location of the tank shall be visible at finished grade. When access risers are used they shall be installed in accordance with the Rules of this Subchapter, the manufacturer's specifications, and the Department's approval.
(d) Septic tanks shall meet the following minimum design standards:
(1) a minimum liquid depth of 36 inches;
(2) a minimum of nine inches freeboard, measured as the air space between the top of the liquid and the bottom of the tank top. Venting of the tank shall be provided to prevent the buildup of gases;
(3) the approved septic tank capacity shall be determined as the liquid volume below the outlet invert to the bottom of the tank;
(4) the length of the tank shall be a minimum of twice as long as the width, as measured by the longest axis and widest axis based on the internal tank dimensions;
(5) there shall be three inlet openings in the tank, one on the tank end and one on each sidewall of the inlet end of the tank;
(6) outlet openings shall have a cast or manufactured penetration point and include a watertight, sealed, non-corrodible, and flexible connective sleeve. A flexible connective sleeve shall be able to bend without breaking. The connective sleeve shall meet ASTM C1644 for precast concrete tanks or ASTM C1644, C923, or C564 for thermoplastic or glass-fiber-reinforced polyester tanks and be approved by the Department if it meets the requirements of this Subparagraph and Rule .1404 of this Section;
(7) inlet penetrations shall be greater than or equal to four inches in diameter and outlet penetrations shall be greater than or equal to three inches in diameter;
(8) there shall be no openings below the septic tank operating liquid level;
(9) the outlet shall be through an effluent filter approved in accordance with Rule .1404 of this Section, and secured in place in an effluent filter support case. The effluent filter case inlet shall extend down to between 25 and 50 percent of the liquid depth measured from the top of the liquid level. Other methods of supporting the effluent filter case and for making pipe penetrations shall be approved by the Department on a case-by-case basis upon a showing that the performance is identical to those designed in accordance with this Rule;
(10) the invert of the outlet shall be a minimum of two inches lower in elevation than the invert of the inlet;
(11) all septic tanks shall be designed with a partition so that the tank contains two compartments. The following conditions shall be met:
(A) the partition shall be located at a point not less than two-thirds or more than three-fourths the length of the tank from the inlet end;
(B) the partition shall be designed, manufactured, installed, and maintained to remain in position when subjected to a liquid capacity in one compartment that corresponds with the lowermost elevation of the water passage slot or holes;
(C) the partition shall be designed to create a gas passage, not less than the area of the inlet pipe, and the passage shall not extend lower than seven inches from the bottom side of the tank top;
(D) the top and bottom sections of the partition shall be designed to create a water passage slot four inches high for the full interior width of the tank, or a minimum of two four- or five-inch openings, or one four- or five-inch opening per 30 horizontal linear inches of baffle wall, whichever is greater, may be designed into the partition instead of the four-inch slot;
(E) the partition shall be designed, manufactured, and installed to create an average opening not greater than one-half inch between the partition and the tank wall below the liquid level, with a tolerance of one-half inch;
(F) the entire liquid passage in the partition wall shall be located between 25 and 50 percent of the liquid depth of the tank, as measured from the top of the liquid level; and
(G) other methods for designing the partition shall be approved by the Department on a case-by-case basis upon a showing that the performance is identical to those designed in accordance with this Rule;
(12) access openings shall be provided in the top of the tank, located over each compartment, and have a minimum opening of 15 inches by 15 inches or 17 inches in diameter. The opening shall allow for maintenance and removal of internal devices of the septic tank;
(13) access risers and covers shall be designed and manufactured to prevent surface water infiltration;
(14) tank lids and riser covers shall be locked, secured with fasteners, or weigh a minimum of 40 pounds, but no more than 80 pounds; and
(15) all septic tanks shall bear an imprint or embossment identifying the manufacturer, the septic tank serial number assigned to the manufacturer's plans and specifications approved by the Department, and the liquid or working capacity of the tanks. The imprint or embossment shall be located to the right of the blockout made for the outlet pipe on the top or end of outlet end of the tank.
(e) Pump tanks shall meet the design requirements of Paragraph (d) of this Rule with the following modifications:
(1) a watertight access riser with removable cover shall be located over the pump. The access riser shall extend to a minimum of six inches above finished grade and shall be designed and maintained to prevent surface water infiltration;
(2) the access opening over the pump shall have a minimum opening of 24 inches in diameter or equidimensional opening;
(3) when two or more pumps are required in accordance with Rule .1101(b) of this Subchapter the access openings shall be sized to allow for pump removal, operation, and maintenance;
(4) tanks may be designed with a single compartment. If a partition is provided, the partition shall be designed to contain a minimum of two four-inch diameter circular openings, or openings with an equivalent area, located no more than 12 inches above the tank bottom;
(5) there shall be no requirement as to tank length, width, or shape, provided the tank satisfies all other requirements of the rules of this Section;
(6) the invert of the inlet openings shall be located within 12 inches of the tank top. No freeboard shall be required in the pump tank;
(7) tanks shall be vented if located more than 50 feet from the facility, and accessible for routine maintenance;
(8) all pump tanks shall bear an imprint or embossment identifying the manufacturer, the pump tank serial number assigned to the manufacturer's plans and specifications by the Department, and the liquid or working capacity of the tank. The imprint or embossment shall be located to the left of the blockout made for the outlet pipe on the top or end of outlet end of the tank; and
(9) the pump tank working capacity shall be the entire internal tank volume.
(f) Grease tanks shall be septic tanks approved in accordance with Paragraph (d) of this Rule with the following modifications:
(1) the liquid passage between chambers shall be located between 40 and 60 percent of the operating liquid depth measured from the top of the liquid level. The liquid passage between chambers may be made using a sanitary tee extending down between 40 and 60 percent of the liquid depth measured from the top of the liquid level;
(2) when sanitary tees are used as the liquid passage through an interior compartment partition, an access opening and riser to grade over the tees shall be provided for servicing and routine maintenance;
(3) when two or more tanks are used in series, a sanitary tee shall be provided in the outlet end of each interconnected tank extending down between 40 and 60 percent of the liquid depth;
(4) the final chamber shall contain an effluent filter and support case extending down between 40 and 60 percent of the liquid depth. The effluent filter shall be approved by the Department for use in grease tanks. The grease rated effluent filter shall be sized for the DDF and have openings of 1/32-inch or less; and
(5) access risers shall extend to finished grade and be capped with cast iron manhole rings and covers. Lockable aluminum hatches may be substituted for cast iron manhole rings and covers in non-traffic areas. Aluminum hatches or manhole rings and covers shall be designed and maintained to prevent surface water infiltration. Locks shall be the responsibility of the person owning or controlling the system.
(g) Siphon tanks shall meet the design requirements of Paragraph (e) of this Rule and shall:
(1) be designed in accordance with the construction requirements of this Rule and Rule .0804 of this Subchapter;
(2) provide three inches of freeboard;
(3) have the invert of the inlet pipe three inches above the siphon trip level; and
(4) have a watertight access opening over each siphon with an opening of 24 inches, extending to finished grade, and designed to prevent surface water inflow.
History Note: Authority G.S. 130A-335(e), (f), and (f1); 130A-335.1;
Eff. January 1, 2024.
15A NCAC 18E .1403 TANK MATERIAL REQUIREMENTS
(a) Tanks approved in accordance with this Section shall be constructed of materials capable of resisting corrosion from sewage and sewage gases, structurally sound, and watertight.
(b) Reinforced precast concrete tanks shall meet the following minimum material and construction requirements:
(1) the ends and sides of the tank shall have a minimum thickness of two and one-half inches. The top and bottom of the tanks shall be a minimum of three inches thick;
(2) the top, bottom, end and sides of the concrete tank and tank lid shall be reinforced by using a minimum reinforcing of six-inch by six-inch No. 10 gage welded steel reinforcing wire. Reinforcement shall be placed to maximize the structural integrity of the tank;
(3) alternative reinforcement designs may be used when they perform in a manner equal to or more effective than the reinforcement design described in Subparagraph (2) of this Paragraph;
(4) when the concrete tank, tank lid, riser, or riser cover are subjected to vehicular traffic, the tank shall be designed by a PE to handle the traffic load in accordance with ASTM C890;
(5) any tank installed deeper than three feet shall be designed by a PE for the proposed tank burial depth. The tank design shall be submitted to the Department for review. The design shall be approved when documentation is provided to show that the proposed tank design can withstand all active and passive loads on the tank, including the additional soil weight from a deeper burial depth.
(6) the concrete shall achieve a minimum 28-day compressive strength of 4,000 psi. The concrete shall meet a compressive strength of 3,500 psi prior to removal of the tank from the place of manufacture. It shall be the responsibility of the manufacturer to certify that the tank meets this condition;
(7) tanks manufactured in multiple sections shall be joined and sealed at the joint by using butyl rubber or other pliable sealant meeting ASTM C990 or other material that has been approved by the Department when documentation has been provided to show that the material meets all performance requirements of ASTM C990. Documentation shall also be provided to the Department to show that the material is waterproof and corrosion resistant; and
(8) tank lids and riser covers shall have a durable handle made of corrosion-resistant materials and capable of pull capacity sufficient for the weight of the lid or cover.
(c) Thermoplastic tank materials shall conform with IAPMO/ANSI Z1000 or CSA B66 requirements.
(d) Glass-fiber-reinforced polyester tanks shall meet the following requirements:
(1) top, bottom, ends, and sides of the tank shall have a minimum thickness of one-fifth inches. The baffle wall shall be a minimum of 3/16-inches thick;
(2) material and laminate requirements specified in IAPMO/ANSI Z1000 or CSA B66 for glass-fiber-reinforced polyester tanks; and
(3) enrolled in a third-party quality assurance and quality control program, which include material testing and unannounced annual audits.
(e) Cast or manufactured in place tanks shall be designed by a PE, if required by G.S. 89C, and approved by the Department when the tank design, construction, and materials meet the criteria set forth in this Rule and Rule .1402 of this Section.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
15A NCAC 18E .1404 PLANS AND SPECIFICATIONS FOR RISERS, EFFLUENT FILTERS, AND PIPE PENETRATION BOOTS
(a) All risers, effluent filters, and pipe penetration boots proposed for use in a wastewater system shall be approved by the Department prior to being offered for sale or use in North Carolina.
(b) Three copies of the plans and specifications for the initial design of each riser, effluent filter, or pipe penetration boot shall be submitted to the Department. Plans for risers, effluent filters, and pipe penetration boots shall be approved by the Department and an approval letter issued when the design is found to comply with this Section. All changes or modifications to risers, effluent filters, or pipe penetration boots shall be approved by the Department when the changes or modifications comply with the requirements of this Rule.
(c) Risers and riser lids shall be able to withstand a minimum uniform live loading of 300 pounds per square foot or a minimum 1,500 pound load applied in a 10 inch by 10 inch area centered on the lid, in addition to all loads to which a riser is normally subjected, such as dead weight of the material and soil cover and active soil pressure on riser walls.
(d) Riser plans and specifications submitted to the Department for review and approval shall show the design of the riser and include the following information:
(1) manufacturer's name, mailing address, phone and fax numbers, email address, and name of manufacturer's point of contact;
(2) physical dimensions of the riser and riser cover, including wall thickness, internal diameter, proposed casting or installation details and methods, and pipe penetrations;
(3) material type and strength, including reinforcement material and location as required;
(4) documentation from a third-party showing that the riser meets the load requirements specified in Paragraph (c) of this Rule;
(5) plans for septic tank risers of a secondary lid, concrete plug, or other safety device that shall be provided inside the riser for security and to prevent accidental entry;
(6) plans for pump tank risers of primary and secondary safety mechanisms that shall be provided with the riser. The primary safety mechanism shall be a locking riser lid, ring and lock, or other riser lid locking or tamper-resistant mechanism. The secondary safety mechanism shall be a secondary lid, concrete plug, or other safety device to be provided inside the pump tank riser; and
(7) specifications for application, installation, operation, and maintenance for both new and retrofit applications for single and multiple riser sections.
(e) Effluent filter plans and specifications submitted to the Department for review and approval shall show the design of the effluent filter and include the following information:
(1) manufacturer's name, address, phone and fax numbers, and contact name;
(2) documentation and a written statement from the manufacturer that the effluent filter is designed, constructed, and performs in compliance with G.S. 130A-335.1(a);
(3) capacity and wastewater strength for all models of proposed filters to be approved; and
(4) specifications for application, installation, operation, and maintenance.
(f) Pipe penetration boot plans and specifications submitted to the Department for review and approval shall show the design of the pipe penetration boot and include the following information:
(1) manufacturer's name, address, phone and fax numbers, and contact name;
(2) design specifications and materials used in the manufacture of pipe penetration boot components;
(3) applicable testing results from third-party verification showing pull and flexibility testing;
(4) documentation of a watertight seal around the piping and any component or device needed to ensure the seal, such as non-corrodible adjustable bands;
(5) documentation that the pipe penetration boot meets the requirements of ASTM C1644 for precast concrete tanks or ASTM C1644, C923, or C564 for thermoplastic or glass-fiber-reinforced polyester tanks; and
(6) specifications for application, installation, operation, and maintenance of the pipe penetration boot.
(g) Plans for prefabricated risers, effluent filters, and pipe penetration boots, other than those approved for general use and issued an approval letter under this Rule, shall be considered for approval on a case-by-case basis. The riser, effluent filter, or pipe penetration boot shall be approved if it is determined that it meets the requirements of this Rule based on information provided by the manufacturer to the Department.
History Note: Authority G.S. 130A-335(e), (f), and (f1); 130A-335.1;
Eff. January 1, 2024.
15A NCAC 18E .1405 RISERS, EFFLUENT FILTERS, AND PIPE PENETRATION BOOTS APPROVAL RENEWAL
(a) All riser, effluent filter, and pipe penetration boot approvals shall expire on December 31 of each year. Riser, effluent filter, and pipe penetration boot manufacturers who wish to continue product approval shall submit annually a proprietary product renewal form provided by the Department no later than November 30 of each year.
(b) The approval renewal form shall include the following elements:
(1) manufacturer's name, mailing address, phone and fax numbers, email address, and manufacturer's point of contact;
(2) model number(s) approved; and
(3) a notarized statement that the product has not changed from the previous year without prior approval from the Department.
(c) The Department shall notify the manufacturer of the pending riser, effluent filter, and pipe penetration boot Approval expiration in writing no later than September 30 of each year. The notification shall include information on how to request riser, effluent filter, and pipe penetration boot renewal.
(d) The riser, effluent filter, and pipe penetration boot approval shall be deemed renewed upon receipt of a renewal form that contains all of the elements set out in Paragraph (b) of this Rule.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1406 MODIFICATION, SUSPENSION, AND REVOCATION OF APPROVALS
The Department shall modify, suspend, or revoke the approval for tanks, risers, effluent filters, or pipe penetration boots upon a finding that:
(1) the approval is determined to be based on false, incomplete, or misleading information;
(2) the product has been altered;
(3) the product fails to perform in compliance with performance standards established for the product in accordance with the rules of this Section; or
(4) the product fails to meet conditions of its approval or comply with G.S. 130A, Article 11, Rule .1405 of this Section, this Subchapter, or conditions of the approval.
History Note: Authority G.S. 130A-335(e), (f), and (f1);
Eff. January 1, 2024.
section .1500 – approval and use of residential wastewater treatment systems
15A NCAC 18E .1501 GENERAL
(a) RWTS that comply with NSF International Standard 40 for Class I residential wastewater treatment systems shall be designed, constructed, and installed in accordance with this Section to serve facilities with a DDF less than or equal to 1,500 gpd.
(b) RWTS shall only be used with DSE.
(c) RWTS shall bear one of the following to certify that the product is in accordance with NSF/ANSI Standard 40:
(1) the NSF mark and the NSF listed model number; or
(2) the certification mark and listed model number of a third-party certification program accredited by ANSI to certify RWTS in accordance with NSF/ANSI Standard 40.
(d) For approval of an RWTS as a PIA System, a manufacturer shall apply in accordance with Section .1700 of this Subchapter.
History Note: Authority G.S. 130A-342;
Eff. January 1, 2024.
15A NCAC 18E .1502 APPLICATION
An application shall be submitted for RWTS approval in writing to the Department and shall include the following:
(1) manufacturer's name, mailing address, phone number, email address, plant location(s), and contact information for distributors;
(2) verification of NSF/ANSI Standard 40 Class I system approval and listing by NSF International or other ANSI-accredited third-party certification program;
(3) manufacturer's identifying name or logo, listed model number(s) and treatment capacity in gpd to be imprinted on unit;
(4) three copies of plans and specifications, including information required to evaluate any tanks as required in accordance with Rule .1401 of this Subchapter; and
(5) fee payment as required by G.S. 130A-343(k)(6), by corporate check, money order or cashier's check made payable to: North Carolina On-Site Water Protection Account or North Carolina OSWW System Account, and mailed to the Department.
History Note: Authority G.S. 130A-342;
Eff. January 1, 2024.
15A NCAC 18E .1503 DESIGN AND CONSTRUCTION STANDARDS
RWTS shall meet the following design and construction standards:
(1) No blockouts or openings shall be permitted below the liquid level of the RWTS.
(2) RWTS shall be watertight, corrosion resistant structures, with all components requiring maintenance accessible to the Management Entity. Access openings shall be provided in the RWTS top. Access shall be provided for:
(a) cleaning or rodding out the inlet pipe;
(b) cleaning or clearing the air or gas passage space above any partition;
(c) pumping of each compartment required to be pumped;
(d) sampling the effluent; and
(e) repairing and maintaining any system components.
(3) Tanks used in RWTS designed to hold sewage or effluent shall comply with all tank requirements in accordance with Section .1400 of this Subchapter.
(4) RWTS shall bear an imprint identifying the manufacturer, the RWTS serial number assigned to the manufacturer's model approved by the Department, and the liquid or working capacity of the unit. The imprint shall be located on the outlet end of the tank within 24 inches of the top of the tank.
(5) The design, construction, and operation of RWTS shall prevent bypass of wastewater.
(6) The manufacturer shall ensure that the system can be sampled in compliance with 40 CFR 136 and shall specify the recommended method for effluent sampling.
(7) Control panels provided by the manufacturer shall comply with the requirements for control panels in accordance with Rule .1103 of this Subchapter.
(8) The RWTS shall have an alarm device or devices to warn the user or Management Entity of a unit malfunction or a high-water condition in accordance with Rule .1103 of this Subchapter.
(9) The control panel shall include a method to automatically measure and record daily wastewater flow dispersed to the dispersal field in accordance with Rule .1702(a)(2)(I) of this Subchapter.
(10) The blower location shall be shown on the plans and detail proposed corrosion-resistant blower enclosures, if applicable.
(11) A settling tank shall be required prior to or as an integral part of the design of the RWTS. The liquid capacity of the settling tank shall be a minimum of half of the DDF of the RWTS, or as otherwise specified by the manufacturer, whichever is larger. The settling tank may either be an integral chamber of the RWTS tank, a septic tank approved in accordance with Section .1400 of this Subchapter, or another tank designed for an individual system and approved by the Department as a part of the plans for the RWTS.
History Note: Authority G.S. 130A-342;
Eff. January 1, 2024.
15A NCAC 18E .1504 SAMPLING REQUIREMENTS FOR RESIDENTIAL WASTEWATER TREATMENT SYSTEMS
Effluent from an approved RWTS shall be grab or 24-hour composite sampled annually for all effluent standards listed in Table XXV of Rule .1201(a) of this Subchapter for NSF/ANSI 40 systems, unless adjusted sampling requirements have been requested and granted in accordance with Rules .1301 and .1709 of this Subchapter.
History Note: Authority G.S. 130A-342;
Eff. January 1, 2024.
15A NCAC 18E .1505 RESIDENTIAL WASTEWATER TREATMENT SYSTEM APPROVAL RENEWAL
(a) All RWTS Approvals shall expire on December 31 of each year. RWTS manufacturers who wish to continue product approval shall submit annually a proprietary product renewal form provided by the Department no later than November 30 of each year.
(b) The renewal form shall include the following updated elements:
(1) manufacturers' name, mailing address, phone and fax numbers, email address, and manufacturer's point of contact;
(2) model number(s) approved;
(3) a notarized statement that the product has not changed from the previous year without prior approval from the Department; and
(4) verification of the manufacturer's continued certification and listing by a nationally recognized certification body, including compliance with NSF/ANSI Standard 40.
(c) The Department shall notify the manufacturer of the pending RWTS Approval expiration in writing no later than September 30 of each year. The notification shall include information on how to request RWTS Approval renewal.
(d) The RWTS approval shall be deemed renewed upon receipt of a renewal form that contains all of the elements set out in Paragraph (b) of this Rule.
(e) The Department shall suspend or revoke a system approval upon a finding that the system fails to perform in compliance with established effluent standards in Table XXV of Rule .1201(a) of this Subchapter or as provided for in Rule .1708(b) of this Subchapter.
History Note: Authority G.S. 130A-342;
Eff. January 1, 2024.
section .1600 – approval of pre-engineered package drip dispersal systems
15A NCAC 18E .1601 GENERAL
(a) Drip dispersal systems for DDF less than or equal to 3,000 gpd shall be configured as a package and approved as a PIA System in accordance with Section .1700 of this Subchapter.
(b) The integrated system package shall be provided from a single source manufacturer or system integrator, comprised of catalogued standardized design components that have been coordinated and tested by the manufacturer or integrator. Components shall include:
(1) dispersal field pump(s) and floats;
(2) headworks assemblies;
(3) dispersal field piping network, drip tubing, and appurtenances; and
(4) system controls that provide for automatic filter cleaning, timed field dosing, field flushing, alarm notification, and recording of system operation.
(c) All components shall be integrated and designed to operate together. The system manufacturer or integrator shall provide system design information including:
(1) head loss charts, tables, or formulas for various drip tubing lateral lengths during a dosing and flushing cycle;
(2) minimum and maximum zone size and design;
(3) design plans and specifications for all components;
(4) installation specifications; and
(5) operation and maintenance manuals.
(d) The system manufacturer shall provide support to train and authorize designers, installers, Management Entities, regulators, and users.
(e) Drip dispersal system performance, siting, sizing, installation, operation, monitoring, maintenance and reporting requirements shall comply with Rules .0908, .1204, and Section .1300 of this Subchapter, as applicable, and the rules of this Section.
(f) Drip dispersal systems that are not pre-engineered packages approved in accordance with Section .1700 of this Subchapter shall be designed on a project specific basis by a PE and shall comply with Rules .0908, .1204, and Section .1300 of this Subchapter, as applicable, and the rules of this Section.
(g) Drip dispersal systems for DDF greater than 3,000 gpd shall comply with the design and performance requirements of this Section and shall be designed on a project specific basis by a PE. The system design shall be reviewed and approved by the Department in accordance with Rule .0302 of this Subchapter, unless the system is permitted in accordance with Rule .0207 of this Subchapter.
History Note: Authority G.S. 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1602 DESIGN AND CONSTRUCTION STANDARDS
(a) Drip dispersal systems shall be preceded by pretreatment designed to comply with one of the following effluent standards: DSE, NSF/ANSI 40, TS-I, TS-II, or RCW as specified in Table III of Rule .0402(a), Table XXV of Rule .1201(a), or Rule .1002, of this Subchapter, as applicable.
(b) The pump tank shall meet one of the following conditions:
(1) a separate pump tank sized in accordance with Rule .0802 of this Subchapter; or
(2) a pump tank or compartment that is part of an advanced pretreatment system approved in accordance with Section .1700 of this Subchapter.
Pump tank operating levels shall not result in effluent backing up into a part of any pretreatment component designed for free gravity flow drainage. All pump submergence, dose volume, flow equalization, and emergency storage capacity requirements for the dosing system shall be met without interfering in the performance of the pretreatment components.
(c) Pumps shall meet the following conditions:
(1) have sufficient capacity to accommodate projected flow and total dynamic head conditions;
(2) deliver 15 to 60 psi of pressure during dosing events;
(3) provide minimum flow and pressure as required to backwash or forward flush headworks filter;
(4) maintain velocities of two feet per second at the distal end of each drip lateral line during automatic field flushing for DSE; and
(5) maintain velocities of one foot per second at the distal end of each drip lateral line during automatic field flushing for advanced pretreatment effluent. Valving shall be provided to achieve flushing velocities of two feet per second at the distal end of each dripline with manual flushing.
Pump manufacturer requirements shall be followed to protect the pump intake from solids that may accumulate in the pump tank and for pump cooling during operation.
(d) Headworks assemblies shall contain filtration, totalizing flow meter, provisions for filter cleaning, and field flushing valves. Zone and isolation valves may be located in the headworks assembly or in the drip dispersal field. The headworks assemblies shall meet the following conditions:
(1) filters shall remove particles greater than 115 microns at the peak operating flow rate, during network forward flushing. Filter number and size shall operate during both dosing and flushing conditions at a pump operating flow rate within the filter manufacturer's specified acceptable operating range;
(2) filters for drip dispersal systems receiving DSE shall be configured with two independently backwashed disk filters;
(3) for drip dispersal systems receiving advanced pretreatment effluent, single or multiple screens or disc filters may be used, designed to be cleaned by either backwashing or forward washing;
(4) filter cleaning and field flushing residuals shall be returned to the head of the septic tank or settling tank prior to being returned to the pretreatment unit;
(5) a totalizing flow meter shall be used to record total flow through the system. The meter shall also be used to monitor pump operating flow rates during dosing and flushing events; and
(6) the headworks and associated components shall be in a separate enclosure that is freeze protected, UV and corrosion resistant, and accessible for routine operation, maintenance, monitoring and servicing. Design shall facilitate access to all internal components.
(e) The drip dispersal field shall consist of one or more separately dosed zones comprised of a supply and return manifold, manifold to lateral connections, laterals containing drip tubing with emitters, blank sections of tubing, and associated field appurtenances. Drip emitter and associated field appurtenances design shall meet the following:
(1) drip emitters shall be designed and demonstrated to uniformly distribute wastewater effluent at a pre-determined rate when operated in accordance with manufacturer's specified pressure range for emitter operation. Emitter design coefficient of variation, Cv, shall be five percent or less. Emitters shall be designed to be self-cleaning and to resist root intrusion. Hydraulic design of a drip dispersal zone shall be based upon achieving no more than a 10 percent variation in flow from any emitter over the entire zone, regardless of emitter elevation or position along the lateral including any effluent redistribution due to drainback;
(2) drip emitters shall be pressure compensating unless the manufacturer and designer provide documentation and calculations that a maximum 10 percent flow variance allowance can otherwise be achieved with non-pressure compensating emitters in a PIA Approval or on a project-specific basis. Drip tubing shall be marked to identify the emitter type and flow rate;
(3) drip emitters shall be spaced at uniform intervals along the tubing on 24-inch centers or less, and drip tubing with emitters shall be spaced an average of 24 inches on centers or less, in accordance with the proposed system design. Spacing shall be chosen as needed to ensure a sufficient number and density of emitters are present to achieve uniform distribution and instantaneous emitter loading rates that do not exceed the hydraulic capacity of the receiving infiltrative surfaces;
(4) connections between supply and return manifolds, and between runs or drip lateral sections installed at varying elevations or locations shall be made with solvent welded solid Schedule 40 PVC or flexible PVC;
(5) blanking sections of tubing without drip emitters shall be used where unfavorable site conditions, such as rocks, trees, or roots, are encountered along a drip run. Blanking tubing shall be a different color from the drip tubing or marked tubing of the same material, specification, and diameter as the connecting dripline, or flexible PVC;
(6) the manufacturer shall specify methods for drainback prevention; and
(7) field appurtenances shall include the following:
(A) air or vacuum relief valve at the highest elevation of each zone;
(B) cleanout at both ends of the supply and return manifolds;
(C) pressure monitoring fittings at the zone inlet and outlet points;
(D) pressure regulating valve where needed;
(E) for two or more zones: solenoid valves for each zone in the headworks or at the field, with an isolation valve on the supply line side; and a check valve with an isolation valve for each zone between the return manifold and the common return line; and
(F) valves, vents, cleanouts, and pressure monitoring fittings shall be provided with protective vaults or boxes that are decay resistant, ultraviolet rated, and accessible to the Management Entity from the ground surface.
(f) An integrated controller shall be provided that meets the following conditions:
(1) enable each drip dispersal field or zone to be time-dosed at equal intervals throughout the day, at a projected average flow, and to accommodate the DDF. The controller shall allow for adjustable and variable dose volumes between or among zones;
(2) adjust pump dosing and resting cycles to comply with system design and the projected range of operating conditions;
(3) provide a minimum dose volume per zone that is a minimum of five times the liquid capacity of the drip laterals or so 80 percent of each dose is delivered when the minimum pressure in the field network is 10 psi;
(4) provide for automatic cleaning of headworks filter(s);
(5) provide for adjustable automatic forward flushing, or field flushing, of the drip laterals with filtered effluent, at designer and manufacturer-specified frequency and duration;
(6) provide for monitoring of pump cycles and run times;
(7) include telemetry, in accordance with Rule .1103(c) of this Subchapter, for systems with a DDF greater than 1,500 gpd or as required in conjunction with an advanced pretreatment system;
(8) for systems with a DDF greater than 3,000 gpd the controller shall monitor flow volume to each zone and provide a flow variance indication when flow is plus or minus 20 percent of design. The telemetry system and alarm shall be designed to be functional during power outages;
(9) for multi-zone systems, the system controller shall provide for a zone to be rested or taken out of service manually. The controller shall have the capability to bypass zones and dose the next available zone with the normal dosing sequence continuing; and
(10) controls and floats are to be configured to ensure the minimum dose is available prior to initiating a dosing cycle and to ensure that a full dose is delivered.
(g) Alternatives to the design criteria in this Rule may be proposed by the manufacturer during the PIA approval process or by a PE on a project-specific basis. These alternatives shall be reviewed and approved by the Department on a case-by-case basis when documentation is provided that the system will meet the performance standards of this Section.
History Note: Authority G.S. 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1603 DRIP DISPERSAL SYSTEM TESTING
(a) The drip dispersal system field testing shall include system designer requirements and the following items:
(1) all leaks in the pipe network or from emitters exhibiting emission rates greater than 20 percent of the emitter design flow rate shall be repaired; and
(2) after the system is pressurized, dosing and flushing flow rates and pressures for each zone shall be measured and confirmed to be in accordance with the design parameters as follows:
(A) dosing pressure shall be measured at the lowest point in the supply manifold and highest point in the return manifold;
(B) minimum and maximum emitter pressure shall be verified to be within emitter design parameters;
(C) flushing pressures shall be measured at the ends of each supply and return manifold within each zone;
(D) dosing and flushing flow rates shall be measured with the flow meter after the system is pressurized; and
(E) all dosing and flushing flow rates and pressures shall be recorded.
(b) All components shall be demonstrated to be operable and in accordance with their design during the inspection by the LHD.
History Note: Authority G.S. 130A-343;
Eff. January 1, 2024.
section .1700 – approval and permitting of wastewater systems, technologies, components, or devices
15A NCAC 18E .1701 GENERAL
PIA Systems are any wastewater systems, system components, or devices as defined by G.S. 130-343(a) that are not described in other Sections of this Subchapter and systems for which any of the following are proposed:
(1) reduced setbacks;
(2) reduced depth to LC or vertical separation requirements; or
(3) increased LTAR.
This Section shall provide for the approval and permitting of PIA Systems.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1702 APPLICATION
(a) An application shall be submitted in writing to the Department for a PIA System. All applications shall include the information required by G.S. 130A-343(d), (f), (g), (g1), and (h), and the following, as applicable:
(1) identification of the type of PIA Approval requested:
(A) Provisional;
(B) Innovative;
(C) Functionally Equivalent;
(D) Accepted; or
(E) a combination of any of the above;
(2) plans and specifications for the system, including the following:
(A) description of the system;
(B) materials used in construction;
(C) proposed use of system;
(D) system design criteria;
(E) system design and drawings;
(F) installation manual;
(G) operation and maintenance manual, including a checklist for documentation of inspection and maintenance activities and the VIP;
(H) influent and effluent sampling locations for advanced pretreatment systems while the system remains in operation;
(I) method for automatically measuring and recording daily wastewater flow dispersed to the dispersal field for advanced pretreatment systems; and
(J) start-up requirements and information;
(3) the following information:
(A) product specific literature;
(B) published research; and
(C) previous experience and performance with the system;
(4) results of any available testing, research or monitoring of pilot systems or full-scale operational systems including:
(A) identification of the third-party research or testing organization that conducted the testing, research, or monitoring provided;
(B) documentation that the protocol or evaluation used in the testing, research, or monitoring is:
(i) established by a nationally recognized certification body;
(ii) a listed protocol that has been approved by the Department in accordance with G.S. 130A-343(d);
(iii) a comparable evaluation protocol used for system approval in other states. The comparable evaluation protocol shall include information on relevant conditions such as wastewater system design, soil types, climate, and hydrology and be reviewed by the Department; or
(iv) in accordance with an alternative performance evaluation protocol proposed by the manufacturer for approval;
(C) documentation that the system is tested, certified, and listed by a nationally recognized certification body and complies with an ongoing verification program administered by that certification body, as applicable; and
(D) documentation that the system can be sampled in compliance with 40 CFR 136 and that the method for system sampling monitors system compliance with effluent standards;
(5) verification that the product submitted for PIA Approval is the same as the certified, listed, or tested product, and if not, identification of any modifications made to the submitted product;
(6) notification of any proprietary or trade secret information, system, component, or device. All documents received are considered Public Records in accordance with G.S. 132-1, unless they meet the criteria for classification as a trade secret as defined in G.S. 66-152(3);
(7) draft written PIA Approval that includes criteria for site selection, installation requirements, operation and maintenance procedures including a VIP protocol with compliance criteria, system classification, frequency of system inspection and monitoring in accordance with Table XXXII of Rule .1301(b) of this Subchapter, and minimum certification or licensing requirements as set forth in applicable certification and licensing rules and statutes for designers, installers, and Management Entities; and
(8) fee payment as required by G.S. 130A-343(k), by corporate check, money order or cashier's check made payable to: North Carolina On-Site Water Protection System Account or North Carolina OSWW System Account, and mailed to the Department. Fees received are non-refundable.
(b) Innovative System applications shall include the information listed in Paragraph (a) of this Rule.
(c) Provisional System applications shall include the information listed in Paragraph (a) of this Rule and an evaluation protocol containing all information set forth in G.S. 130-343(f), including:
(1) identity and qualifications of the proposed third-party evaluator, including documentation of their third-party status;
(2) description of the evaluation protocol, including any proposed laboratory and field testing;
(3) number of systems to be installed;
(4) site selection criteria;
(5) system monitoring and reporting procedures, and proposed duration of evaluation; and
(6) any other information needed for the system to be able to achieve Innovative status upon completion of the Provisional System evaluation protocol.
(d) Functionally Equivalent Trench System Innovative applications shall include the information listed in Paragraph (a) of this Rule and documentation that the manufacturer has petitioned the Commission for Public Health in accordance with G.S. 130A-343(g1).
(e) Accepted System applications shall include the information listed in Paragraph (a) of this Rule and documentation that the manufacturer has petitioned the Commission for Public Health in accordance with G.S. 130A-343(h).
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1703 DEPARTMENT AND COMMISSION APPLICATION REVIEW
(a) The Department shall review all applications submitted to determine if the information listed in Rule .1702 of this Section is included and determine whether additional information is needed to continue the review.
(b) Within 30 days of receipt of the initial application, the Department shall notify the manufacturer of any items necessary to complete the application or notify the manufacturer that the application is complete. This determination shall not constitute a qualitative review of the information provided, nor the approval or denial of the proposed system designation. Specified additional information shall be received within 180 days or the application file shall be closed.
(c) Upon receipt of a complete application, the Department shall conduct a qualitative review in accordance with PIA Approval criteria identified in Rules .1704, .1705, and .1706 of this Section, as applicable.
(d) For systems that are certified and listed by a nationally recognized certification body, the Department shall complete its review and determine whether to approve or deny Provisional System applications within 90 days of receipt of a complete application.
(e) The Department shall complete its review and determine whether to approve or deny Innovative System applications within 90 days of publication in the North Carolina Register of the notice of receipt of a complete application.
(f) The Department shall prepare and submit its findings and recommendations for a Functionally Equivalent Trench System or an Accepted System to the Commission within 120 days of receipt of a complete application.
(g) Upon request by the petitioner, the Commission may modify the 180-day time frame for receipt of additional information specified by the Department for a Functionally Equivalent Trench System or Accepted System petition based on a determination that a petition is incomplete and additional information is needed. The petitioner may also request Commission review of the Department's determination that a petition is incomplete or additional information request.
(h) The Department shall notify the applicant and LHDs of the approval or denial of a PIA System. The PIA Approval shall include conditions for permitting, siting, installation, use, monitoring, operation and maintenance, and number of systems that can be installed. When an application is denied, the Department shall inform the applicant in writing of the reason for denial. The Department shall assign a unique code to the approved products for tracking purposes.
(i) An applicant may reapply in accordance with this Section. When reapplying, a new application shall be required and the applicant shall make a new fee payment as required by G.S. 130A-343(k).
(j) Denials issued under this Rule shall include notice of the right to appeal under G.S. 130A-24 and 150B.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1704 APPROVAL CRITERIA FOR PROVISIONAL SYSTEMS
(a) A dispersal system shall be approved for use as a Provisional System when the following criteria have been met:
(1) documentation of one of the following is provided:
(A) a minimum of 50 installations that have been in use for a minimum of 12 months, with available information indicating comparable hydraulic performance and rate of malfunction to a conventional trench system;
(B) the system's design is functionally similar to another approved system described elsewhere in this Subchapter, or to a PIA System approved in accordance with this Section. The system's design and functional similarity shall be equal or superior to the approved comparable system for the following: material physical properties and chemical durability; field installed permeable sidewall area and bottom infiltrative area; method and manner of function for conveyance and application of effluent; structural integrity; and field installed storage volume;
(C) the system has been certified and listed by a nationally recognized certification body, as defined by G.S. 130A-343(a)(6), for a period that exceeds one year; or
(D) the system has complied with a comparable evaluation protocol used for system approval in other states. The comparable evaluation protocol shall include information on relevant conditions such as wastewater system design, soil and site conditions, climate, and hydrology and be reviewed by the Department;
(2) documentation of load testing is provided that demonstrates the structural integrity to be comparable to a conventional trench system, including subjecting the trench system to the following without collapsing, fracturing, or breaking when installed in a trench with the proposed product configuration and width:
(A) an axle load of 16,000 pounds when covered with 12 inches of compacted soil; and
(B) an axle load of 4,000 pounds when covered with six inches of compacted soil; and
(3) a proposed evaluation protocol to be overseen by a third-party evaluator is submitted to the Department for review. The evaluation protocol shall ensure that all information necessary to satisfy the criteria to achieve Innovative Approval, as specified in G.S. 130A-343(f) and Rule .1705 of this Section, is collected. The protocol shall include the following:
(A) a minimum of 100 installations operational and in use for a minimum of 12 months; and
(B) sufficient information collected to evaluate the system's hydraulic performance, structural integrity and rate of malfunction compared with a conventional trench system.
(b) Advanced pretreatment systems shall be approved for use as a Provisional System when the following criteria have been met:
(1) documentation of one of the following is provided for designs complying with TS-I, TS-II, or RCW effluent standards:
(A) a minimum of 50 complete third-party field verification data sets from a minimum of 15 sites that have been in use for six months, including all constituents necessary to verify compliance with the applicable effluent standard. Two to five data sets may be from the same site if collected a minimum of three months apart, with no data excluded from the field sampling sites. The data sets shall demonstrate compliance with TS-I, TS-II, or RCW effluent standards in accordance with Rule .1710 of this Section;
(B) the system's design is functionally similar to another approved system described elsewhere in this Subchapter, or to a Provisional or Innovative System approved in accordance with this Section. The system's design and functional similarity shall be equal or superior to the comparable system for all of the following: material physical properties and chemical durability; structural integrity; biological, chemical, or physical treatment processes; method and manner of function for conveyance and application of effluent through the system; and number and size of system compartments;
(C) the system has been certified and listed by a nationally recognized certification body, as defined by G.S. 130A-343(a)(6), for a period that exceeds one year; or
(D) the system has complied with a comparable evaluation protocol used for system approval in other states. The comparable evaluation protocol shall include information on relevant conditions such as wastewater system design, soil types, climate, and hydrology and be reviewed by the Department; and
(2) a proposed evaluation protocol to be overseen by a third-party evaluator is submitted to the Department for review. The evaluation protocol shall ensure that all information necessary to satisfy the criteria to achieve Innovative Approval, as specified in G.S. 130A-343(f) and Rule .1705 of this Section, is collected. The protocol shall include one of the following:
(A) for a system that has been certified and listed by a nationally recognized certification body, as defined by G.S. 130A-343(a)(6) for a period that exceeds two consecutive years, a minimum of 50 complete third-party field verification data sets from a minimum of 15 sites in operation for a minimum of six months, including all constituents necessary to verify compliance with the applicable effluent standard. Two to five data sets may be from the same site if collected a minimum of three months apart, with no data excluded from the field sampling sites. The data may be collected from systems in-state or out-of-state. The data sets shall show compliance with TS-I, TS-II, or RCW effluent standards in accordance with Rule .1710 of this Subchapter, as applicable; or
(B) a minimum of 150 complete third-party field verification data sets from a minimum of 50 sites in operation for a minimum of six months, including all constituents necessary to verify compliance with the applicable effluent standard. Two to five data sets may be from the same site if collected a minimum of three months apart, with no data excluded from the field sampling sites. The data may be collected from systems in-state or out-of-state. The data sets shall demonstrate compliance with TS-I, TS-II, or RCW effluent standards in accordance with Rule .1710 of this Section, as applicable.
(c) Manufacturers requesting Provisional Approval as both an advanced pretreatment and dispersal system shall meet the requirements for advanced pretreatment and dispersal as described in this Rule.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1705 APPROVAL CRITERIA FOR INNOVATIVE SYSTEMS
(a) A dispersal system shall be approved for use as an Innovative System when the following criteria have been met:
(1) the performance requirements for an Innovative System identified in G.S. 130A-343(a)(5) and (g) have been met;
(2) materials used in construction are equal or superior in physical properties, chemical durability, and structural integrity compared to materials used for similar proposed systems described in other Sections of this Subchapter;
(3) the system has been demonstrated to perform equal or superior to a system that is described in other Sections of this Subchapter or to an Innovative or Accepted System previously approved in accordance with this Section, based upon controlled pilot-scale research studies or statistically valid monitoring of full-scale operational systems;
(4) the system has met one of the following criteria:
(A) the system has completed an evaluation protocol as a Provisional System in accordance with Rule .1704 of this Section;
(B) the manufacturer has provided comparable third-party research and testing conducted in other states, with the data and findings of all evaluations of the system performance, that support the proposed use of the system. The comparable research shall include information on relevant conditions, such as wastewater system design, soil and site conditions, climate, and hydrology; or
(C) the system has been evaluated in accordance with G.S. 130A-343(g)(3); and
(5) the following documentation is provided:
(A) load testing that demonstrates the structural integrity to be comparable to a conventional trench system, including subjecting the trench system to an axle load of 16,000 pounds when covered with 12 inches of compacted soil and an axle load of 4,000 pounds when covered with six inches of compacted soil without collapsing, fracturing, or breaking;
(B) a minimum of 100 installations operational and in use for a minimum of one year. The 100 installations sites may include any combination of systems installed in conjunction with an approved Provisional System evaluation completed in North Carolina and systems in other states; and
(C) system hydraulic performance and rate of malfunction is equal or superior to the demonstrated performance of a conventional trench system.
(b) Advanced pretreatment systems complying with TS-I, TS-II, or RCW effluent standards shall be approved for use as an Innovative System when the following information is provided:
(1) information required in Subparagraphs (a)(1) through (a)(4) of this Rule; and
(2) documentation of one of the following:
(A) for a system that has been certified and listed by a nationally recognized certification body, as defined by G.S. 130A-343(a)(6) for a period that exceeds two consecutive years, a minimum of 50 complete third-party field verification data sets from a minimum of 15 sites in operation for a minimum of six months, including all constituents necessary to verify compliance with the applicable effluent standard. Two to five data sets may be from the same site if collected a minimum of three months apart, with no data excluded from the field sampling sites. The data may be collected from systems in-state or out-of-state. The data sets shall demonstrate compliance with TS-I, TS-II, or RCW effluent standards in accordance with Rule .1710 of this Section; or
(B) a minimum of 150 complete third-party field verification data sets from a minimum of 50 sites in operation for a minimum of six months, including all constituents necessary to verify compliance with the applicable effluent standard. Two to five data sets may be from the same site if collected a minimum of three months apart, with no data excluded from the field sampling sites. The 50 sites may include a combination of sites monitored in conjunction with an approved Provisional System evaluation completed in North Carolina and sites in other states. The data sets shall demonstrate compliance with TS-I, TS-II, or RCW effluent standards in accordance with Rule .1710 of this Section.
(c) Manufacturers requesting Innovative Approval as both an advanced pretreatment and dispersal system shall meet the requirements for advanced pretreatment and dispersal as described in this Rule.
History Note Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1706 APPROVAL CRITERIA FOR ACCEPTED SYSTEMS
(a) The Commission shall designate a wastewater dispersal system as an Accepted System when it finds based on the information provided in accordance with this Rule that the standards set forth by G.S. 130A-343(a)(1) and G.S. l30A-343(h) have been met.
(b) The following information shall be provided by the petitioner and reviewed by the Commission prior to granting Accepted System status:
(1) documentation of a minimum of 300 systems installed statewide and in use for more than five years as an approved Innovative System or a wastewater dispersal system identified in the rules of this Subchapter;
(2) data and findings of all prior evaluations of the system performance as provided by the manufacturer;
(3) results of prior performance surveys of the systems in use in North Carolina for at least the five-year period immediately preceding the petition, including any information available to the manufacturer pertinent to the accuracy and validity of performance surveys not completed under their control;
(4) review(s) of records on system use and performance reported by LHDs, authorized designers, installers, and Management Entities documenting the experiences with performance of the system in North Carolina, including information collected and reported in accordance with Rules .1711 and .1713 of this Section. The Department, in consultation with the manufacturer, shall evaluate the accuracy and validity of performance data and surveys considered for inclusion in the review. LHDs and other stakeholders shall be invited to participate in the discussion; and
(5) the results of a statistically valid survey of system performance in North Carolina in accordance with Paragraphs (d) or (g) of this Rule.
(c) The manufacturer shall propose a plan for the statistically valid survey for review and approval by the Department prior to the survey being performed. The Department shall approve a statistically valid survey plan when it meets the requirements of Paragraphs (d) or (g) of this Rule and includes the following information:
(1) number of systems to be evaluated;
(2) period of evaluation;
(3) method to randomly select systems to be evaluated;
(4) methods of field and data evaluation; and
(5) proposed survey team members, including proposed cooperative arrangements to be made with Department and LHD staff.
(d) The proposed survey shall meet one of the following survey protocols:
(1) a field survey of test and control systems that compares the failure rates between the systems. Statistical analysis of the survey results using a one-sided test shall document at the 95 percent confidence level that there is a five percent or less chance that a difference in failure rates of five percentage points or more would occur by chance. The field survey shall meet the following criteria:
(A) a minimum of 250 randomly selected test and control systems that have been in operation for at least two years and are currently in use, for a total of at least 500 systems that are surveyed;
(B) a minimum of 40 percent of both test and control systems shall have been in operation for at least five years;
(C) systems surveyed shall be distributed among the Soil Groups in the Coastal, Piedmont, and Mountain regions of the State in approximate proportion to their use across the State;
(D) systems shall be evaluated from February 1 through April 15; and
(E) similar numbers of test and control systems of similar ages shall be surveyed during similar time periods across the State; or
(2) a field survey of test systems only. The failure rate determined by the field survey shall not exceed seven percent at the 95 percent confidence level. The field survey for test systems only shall meet the following criteria:
(A) the system is identified in the rules of this Subchapter and the manufacturer provides documentation that there have been at least 3,000 operational systems installed in the state in more than one county. The systems shall have been installed over at least an eight-year period with a total reported failure rate statewide of less than two percent. The statewide failure rate is based on records provided by the manufacturer and monthly activity reports from the LHD;
(B) a minimum of 250 randomly selected systems that are currently in operation are surveyed; and
(C) the survey criteria in Subparagraph (d)(1) of this Rule are met.
(e) The Department shall facilitate LHD participation with any performance review or survey to identify sites and systems for evaluation based on the LHD's permit records.
(f) The Department shall utilize the Division of Public Health's State Center for Health Statistics for assistance in evaluating the statistical validity of the proposed evaluation protocols.
(g) Alternative survey protocols, which evaluate different numbers of test and control systems or test systems only, may be submitted by the petitioner to the Department for approval. The alternative survey protocol shall be approved by the Department when the survey protocol is designed to verify equal or superior performance of the test system when compared to the control system under actual field conditions in North Carolina and when the alternative survey protocol has comparable statistical validity as described in Subparagraph (d) of this Rule. The Department's review and approval of proposed alternative survey protocols shall be subject to review and concurrence by the Commission, which shall use the same approval criteria as the Department as set forth in in this Paragraph.
(h) The Commission shall impose any use, design, installation, operation, maintenance, monitoring, and management conditions in accordance with G.S. 130A-343 and the rules of this Subchapter.
(i) If there is a conflict between approvals or between an approval and the Rules of this Subchapter, then an Accepted System approval shall take precedence, followed by an Innovative System Approval, and then the Rules of this Subchapter.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343; S.L. 2014-120, s. 47; S.L. 2019-151, s. 13;
Eff. January 1, 2024.
15A NCAC 18E .1707 DESIGN AND INSTALLATION CRITERIA FOR PROVISIONAL, INNOVATIVE, AND ACCEPTED APPROVALS
All products approved under this Section shall be designed and installed in accordance with the requirements of the PIA Approval.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1708 MODIFICATION, SUSPENSION, AND REVOCATION OF APPROVALS
(a) The Department may modify the PIA Approval of a system as provided for in G.S. 130A-343(c) and as follows:
(1) to comply with subsequent changes in laws or rules which affect their approval;
(2) based upon a written application from the manufacturer of an approved Provisional or Innovative System that seeks to modify their system or its conditions of approval, including siting or sizing criteria. If the manufacturer demonstrates that the modified system will perform in a manner equal or superior to the approved system in terms of structural integrity, chemical durability, hydraulic performance, and wastewater treatment, the Department shall approve the modified system with the same status as the previously approved system; or
(3) based upon a written application from the manufacturer of an approved Accepted System that seeks to modify their system or its conditions of approval, including siting or sizing criteria. The manufacturer shall demonstrate that the modified system will perform in a manner equal or superior to the approved system in terms of structural integrity, chemical durability, hydraulic performance, and wastewater treatment. The Commission shall approve proposed modifications to Accepted Systems when it finds based on the information provided in accordance with this Rule that the standards set forth by G.S. 130A-343(a)(1) and G.S. 130A-343(h) have been met.
(b) The Department shall suspend or revoke the PIA Approval of a system as provided for in G.S. 130A-343(c) and as follows:
(1) the advanced pretreatment system fails to comply with the compliance criteria in Rule .1710 of this Section;
(2) the modified system fails to perform in a manner equal or superior to the previously approved PIA System;
(3) the system fails to comply with the conditions of its PIA Approval or comply with applicable laws and rules; or
(4) the manufacturer loses their approval or discontinues their listing by any nationally recognized certification body, if applicable. The manufacturer shall notify the Department in writing within 30 days of any changes in their approval status with a nationally recognized certification body.
(c) The Commission shall modify, suspend, or revoke its approval of a modified Accepted System if the modified system or component fails to perform in a manner equal or superior to the previously approved system. The Department shall notify the Commission of any action required for Commission approval of any modifications to the status of an Accepted System.
(d) Modification, suspension, or revocation of a PIA Approval shall not affect systems previously installed in accordance with the approval.
(e) All modifications, suspensions, and revocations of approvals shall include notice of the right to appeal under G.S. 130A-24 and 150B.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343; S.L. 2014-120, s. 47;
Eff. January 1, 2024.
15A NCAC 18E .1709 WASTEWATER SAMPLING REQUIREMENTS FOR ADVANCED PRETREATMENT SYSTEMS
(a) Wastewater sampling requirements shall vary in accordance with wastewater system classification, designated effluent standard, DDF, and performance history.
(1) Provisional Systems shall be grab or composite sampled quarterly for all applicable influent and effluent constituents listed in Table XXV of Rule .1201(a) of this Subchapter until the system receives Innovative Approval.
(2) When the DDF is less than or equal to 1,500 gpd, Innovative Systems shall be grab or composite sampled annually for all applicable influent and effluent constituents from Table XXV of Rule .1201(a) of this Subchapter.
(3) When the DDF is greater than 1,500 gpd and less than or equal to 3,000 gpd, Innovative Systems shall be grab or composite sampled twice a year for all applicable influent and effluent constituents listed in Table XXV of Rule .1201(a) of this Subchapter.
(4) Sampling for Fecal Coliforms shall not be required for Innovative Systems at any site that is found to be compliant with all other constituents in Table XXV of Rule .1201(a) of this Subchapter.
(5) Innovative Systems serving vacation rentals subject to the North Carolina Vacation Rental Act, G.S. 42A, shall be sampled during the seasonal high use period.
(6) Effluent may be re-sampled within 30 days of receipt of laboratory results indicating non-compliance with Table XXV of Rule .1201(a) of this Subchapter if requested by the owner, manufacturer, or manufacturer's representative, or required in a PIA Approval. Complete data sets from resampling may be substituted to comply with the minimum number of compliant data sets required for PIA Approval. Data sets from resampling may be used by a manufacturer as part of a reduced effluent sampling request in accordance with Paragraph (d) of this Rule.
(7) The Management Entity may record daily wastewater flow and sample influent to the advanced pretreatment system as needed to determine compliance with Rule .1302(f) of this Subchapter.
(8) A manufacturer of a Provisional or Innovative System may apply for adjusted sampling requirements in accordance with this Rule.
(b) The manufacturer of a Provisional System may apply to the Department in accordance with Rule .1701 of this Section to request adjusted effluent sampling requirements for Fecal Coliforms. The Department shall approve the request when the documentation submitted to the Department includes the following information:
(1) data from a minimum of five separate North Carolina sites in operation for a minimum of six months after the Provisional Approval has been issued;
(2) a minimum of 25 data sets, including results for Fecal Coliforms. No data sets shall be excluded. Data sets may be from the same site if collected a minimum of three months apart; and
(3) analysis indicating compliant system performance in accordance with Rule .1710 of this Section.
(c) If an effluent sample for a Provisional or Innovative System that is not required to sample for Fecal Coliforms is determined to be non-compliant with Table XXV of Rule .1201(a) of this Subchapter, the effluent may be re-sampled in accordance with Rule .1302(f)(2) of this Subchapter. If re-sampled, the effluent shall also be sampled for Fecal Coliforms in addition to all other applicable constituents. If re-sampling indicates compliance with Table XXV of Rule .1201(a) of this Subchapter, no further Fecal Coliform sampling is required from that site, unless an effluent sample is again determined to be non-compliant for one or more constituents.
(d) The manufacturer of an Innovative System may apply to the Department in accordance with Rule .1701 of this Section to request an adjustment in sampling requirements for constituents or frequency, including reducing to field parameters only. The Department shall approve the request when one of the following conditions are met:
(1) documentation submitted to the Department includes the following information:
(A) data from a minimum of 25 separate North Carolina sites in operation for a minimum of six months after the Innovative Approval has been issued;
(B) written reports summarizing results of the VIP inspections for all North Carolina sites submitted as part of this Rule;
(C) a minimum of 50 complete data sets, with no data excluded. Data sets may be from the same site if collected a minimum of three months apart;
(D) analysis indicating compliant system performance in accordance with Rule .1710 of this Section; and
(E) identification of the constituents for which the manufacturer requests a reduced sampling frequency;
(2) the proprietary advanced pretreatment system is also certified and listed by a nationally recognized certification body and is in compliance with the ongoing verification program of such body, and the manufacturer is requesting a reduction in data set requirements set forth in Rule .1705 of this Section by up to 50 percent only; or
(3) the manufacturer has demonstrated compliant system performance in accordance with Rule .1710 of this Section and is only requesting to replace the requirement for routine effluent sampling as set forth in Rule .1705 of this Section for all individual sites with routine field constituent testing that is included as part of the VIP.
(e) Systems approved for field parameters shall only be required to sample the field parameters listed in Table XXXIII at the site during a VIP Management Entity inspection. The PIA Approval may specify other field parameters or alternative field parameter effluent criteria. The results shall be recorded in the written report. If the field parameters fall outside the range specified in the PIA Approval, an effluent sample shall be collected and analyzed for all parameters as necessary to demonstrate system compliance with the site's applicable effluent standard specified in Table XXV of Rule .1201(a) of this Subchapter.
TABLE XXXIII. Field parameters advanced pretreatment systems
|Field Parameter |Effluent Criteria |
|pH |5 - 9 |
|Turbidity |≤ 10 |
|DO |≥ 2 |
(f) While routine sampling of individual sites may no longer be required in accordance with Paragraph (d) of this Rule, effluent sampling may still be determined to be necessary during the visual inspection of the system in accordance with Rule .1302(d) of this Subchapter or if required as part of an enforcement action by the LHD or the Department.
(g) Alternative sampling requirements may be proposed by the manufacturer for a Provisional or Innovative System and approved by the Department when determined to provide an equal or more reliable indication of system compliance with effluent standards.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1710 COMPLIANCE CRITERIA FOR ADVANCED PRETREATMENT SYSTEMS
An approved system shall be considered in compliance with the effluent standards of Rule .1002 or Table XXV of Rule .1201(a) of this Subchapter when all the following conditions are met:
(1) the arithmetic mean for BOD5, TSS, TKN, and TN and the geometric mean for Fecal Coliform for all data collected from all sites does not exceed the designated effluent standard;
(2) no more than 20 percent of all data from all sites shall exceed the designated effluent standard for any applicable constituent. A new complete data set for re-sampling conducted within 30 days of receipt of a non-compliant data set may be substituted to demonstrate compliance with the designed effluent quality standard in accordance with Table XXV of Rule .1201(a) of this Subchapter;
(3) fifty percent of all complete data sets from all sites shall comply with the designated effluent standard for all applicable constituents;
(4) when determining compliance with system effluent standards in Items (1), (2), and (3) of this Rule, no data sets shall be excluded from individual advanced pretreatment systems except at single sites found to be out of compliance in accordance with Rule .1302(f) of this Subchapter and that have been documented to have been subjected to abuse, such as hydraulic or organic overloading, physical damage to the system, or discharge of deleterious substances; and
(5) results of influent samples from all sites shall be provided to demonstrate compliance with percent reduction effluent criteria in accordance with Table XXV in Rule .1201(a) of this Subchapter.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1711 PROVISIONAL AND INNOVATIVE APPROVAL RENEWAL
(a) All PIA Approvals shall expire on December 31 of each year. PIA manufacturers or other parties who wish to continue product approval shall submit annually a product renewal form provided by the Department no later than November 30 of each year.
(b) The renewal form shall include the following updated elements:
(1) company or organization's name, mailing address, phone and fax numbers, email address, and manufacturer's point of contact;
(2) model number(s) approved; and
(3) a notarized statement that the product(s) has not changed from the previous year without prior approval from the Department.
(c) The Department shall notify the manufacturer of the pending PIA Approval expiration in writing no later than September 30 of each year. The notification shall include information on how to request PIA Approval renewal.
(d) Manufacturers of proprietary products with Provisional Approvals shall additionally submit with its renewal form an annual report to the Department with the following information:
(1) list of all systems installed under the Provisional Approval;
(2) results of all effluent samples collected, as applicable;
(3) copies of all Management Entity inspection reports, as applicable;
(4) assessment of system performance in relation to this Subchapter;
(5) summary of progress made to complete installations, research, and testing as outlined in the approved evaluation protocol;
(6) any conditions and limitations related to the use of the system; and
(7) a list of all authorized designers, installers, and management entities.
(e) Manufacturers of products that are approved as an RCW system shall submit with the product renewal form an annual report to the Department with the following information for RCW systems:
(1) list of all systems installed under the PIA Approval;
(2) results of all effluent samples collected; and
(3) documentation that the effluent samples meet the compliance criteria in Rule .1710 of this Section.
(f) A PIA Approval shall be deemed to be renewed upon receipt of a renewal form that contains all of the elements set out in Paragraph (b) of this Rule and annual report in accordance with Paragraph (d) of this Rule.
(g) The Department shall review all annual reports for Provisional Approvals for compliance with its PIA approval conditions, including its approved evaluation protocol, and determine whether any action to modify, suspend, or revoke the approval is warranted in accordance with Rule .1708 of this Section.
(h) The Department shall review all annual reports for manufacturers approved as an RCW system and determine whether the RCW effluent samples meet the compliance criteria in Rule .1710 of this Section. If the compliance criteria are not met the Department may modify, suspend, or revoke the approval in accordance with Rule .1708 of this Section.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1712 AUTHORIZED DESIGNERS, INSTALLERS, AND MANAGEMENT ENTITIES
(a) Designers, installers, and Management Entities shall be authorized in writing by the manufacturer when required in the PIA Approval based on product specific factors, such as wastewater system classification, designated effluent standard, DDF, wastewater strength, complexity, and operation and maintenance.
(b) Manufacturers of proprietary systems approved under this Section shall provide a list of manufacturer's authorized designers, installers, and Management Entities, as specified in the PIA Approval, to the Department and LHDs. The manufacturers shall update this list annually and include it with the product renewal form required in accordance with Rule .1711(a) of this Section.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
15A NCAC 18E .1713 LOCAL HEALTH DEPARTMENT RESPONSIBILITIES
To implement this Section the LHD shall:
(1) When a Provisional System is proposed, confirm that the designated repair system complies with the provisions of Rule .0508 of this Subchapter and with individual PIA Approval requirements, except:
(a) when an existing wastewater system is available for immediate use, including connection to a public or community wastewater system;
(b) when the Provisional System is used as a repair to an existing malfunctioning system when there are no other approved Innovative or Accepted repair options; or
(c) as provided in G.S. 130A-343(f) for Provisional Systems.
(2) Notify the Department of all IPs, CAs, and OPs issued for Provisional Systems.
(3) Notify the Department of all OPs issued for Innovative Systems.
(4) Permit systems designated as Accepted Systems in an equivalent manner to a conventional system at the owner's request. The Accepted System shall be sited and sized in accordance with Section .0900 of this Subchapter or PIA Approval. The type of Accepted System installed shall be indicated on the OP. The owner shall re-apply to the LHD and receive a new or revised IP or CA for any of the following before system installation:
(a) location of any part of the dispersal field outside of the approved initial dispersal field area;
(b) changes to the trench depth, and slope correction if applicable, specified on the IP or CA;
(c) changes to the effluent distribution method; or
(d) changes to the DDF or wastewater strength.
(5) Grant permit reductions in total trench length less than or equal to 25 percent for Innovative or Accepted Systems only to dispersal fields receiving DSE or better quality. A facility with a full kitchen shall not be granted a permit reduction in total trench length.
(6) Grant facilities generating HSE the 25 percent reduction allowed for Innovative or Accepted Systems if the system includes an approved advanced pretreatment system designed to ensure effluent strength equal to or better than DSE.
(7) Prohibit issuance of an OP for a proprietary system installed by a person not authorized by the manufacturer, unless the manufacturer of the proprietary system approves the installation in writing.
(8) Inform the Department, as well as the manufacturer or their authorized representative, of any system determined to be malfunctioning. If the system has been permitted in accordance with G.S. 130A-336.1 or G.S. 130A-336.2 and Rule .0207 of this Subchapter, the LHD shall instruct the owner to contact the PE or AOWE for determination of the reason and the malfunction and development of an NOI for repairs.
(9) Issue a NOV to the owner when the system is determined to be malfunctioning in accordance with Rule .1303(a)(1) and (2) of this Subchapter or when an individual advanced pretreatment system at a single site is out of compliance in accordance with Rule .1302(f) of this Subchapter. The notice shall identify the violations and steps necessary to remedy the problems, including modification of the system, established time frame to achieve compliance, other follow-up requirements, and specify further enforcement possibilities if compliance is not achieved.
(10) Include in its monthly activity report submitted to the Department the following information identified by unique codes:
(a) number of new system OPs issued for PIA Systems;
(b) number of new system OPs issued for Accepted Systems;
(c) number of CAs issued for Provisional Systems, including system type;
(d) number of CAs issued for repairs of PIA Systems, including system type being repaired;
(e) number of CAs issued for repairs of Accepted Systems, including system type being repaired; and
(f) repair system type.
History Note: Authority G.S. 130A-335(e) and (f); 130A-343;
Eff. January 1, 2024.
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175
150
125
100
Gallons Per Minute
75
50
25
160
200
120
400
800
80
60
20
40
Number of Connections
240
260
200
180
Gallons Per Minute
120
80
40
300
200
80
100
60
40
10
20
30
Number of Connections
150
160
125
100
Gallons Per Minute
75
50
25
300
200
80
100
60
40
10
20
30
Number of Connections
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