North Carolina § 143-212 - Definitions.

§ 143-212. Definitions.

Unless a different meaning is required by the context, the following definitions apply to this Article and Articles 21A and 21B of this Chapter: "Area of the State" means a municipality, a county, a portion of a county or a municipality, or other substantial geographic area of the State designated by the Commission. "Commission" means the North Carolina Environmental Management Commission. "Department" means the Department of Environmental Quality. "Person" includes individuals, firms, partnerships, associations, institutions, corporations, municipalities and other political subdivisions, and governmental agencies. "Secretary" means the Secretary of Environmental Quality. "Waters" means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this State, including any portion of the Atlantic Ocean over which the State has jurisdiction. History (1987, c. 827, s. 152A; 1989, c. 727, s. 218(103); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1991 (Reg. Sess., 1992), c. 1028, s. 1; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(u), (v).) Editor's Note. - A former G.S. 143-212 was repealed by Session Laws 1973, c. 1262, s. 23. Session Laws 2011-218, ss. 1 and 2, provide: "1. Definitions. - The following definitions apply to this act and its implementation: "(1) The definitions set out in G.S. 143-212 and G.S. 143-213 . "(2) The definitions set out in 15A NCAC 02T.0103 (Waste Not Discharged to Surface Waters: Definitions). "(3) The definitions set out in 15A NCAC 02U.0103 (Reclaimed Water: Definitions). "(4) 'Design Criteria for Distribution Lines Rule 15A NCAC 02U.0403' means 15A NCAC 02U.0403 (Design Criteria for Distribution Lines) as adopted by the Environmental Management Commission on November 18, 2010, and approved by the Rules Review Commission on December 16, 2010. "2(a) Design Criteria for Distribution Lines Rule 15A NCAC 02U.0403. - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 2(c) of this act, the Commission and the Department shall implement the Design Criteria for Distribution Lines Rule 15A NCAC 02U.0403, as provided in Section 2(b) of this act. "(b) Implementation. - Notwithstanding subsection (f) of Design Criteria for Distribution Lines Rule 15A NCAC 02U.0403, there shall be no direct cross-connections between the reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C.0406 (Distribution Systems) prior to the effective date of this act. "(c) Additional Rule-Making Authority. - The Commission shall adopt a rule to replace Design Criteria for Distribution Lines Rule 15A NCAC 02U.0403. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 2(b) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) ." Session Laws 2013-413, s. 20(a)-(e), provides: "(a) The definitions set out in G.S. 143-212 , 15A NCAC 02T.0103 (Definitions) and 15A NCAC 02T.1302 (Definitions) apply to this section." "(b) 15A NCAC 02T.1306 (Closure Requirements). - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 20(d) of this act, the Commission and the Department shall implement 15A NCAC 02T.1306 (Closure Requirements) as provided in Section 20(c) of this act. "(c) Implementation. - Notwithstanding 15A NCAC 02T.1306 (Closure Requirements), any containment basin, such as a lagoon or a waste storage structure, permitted at a cattle facility under the Section 1300 Rules, shall continue to be subject to the conditions and requirements of the facility's permit until that permit is rescinded by the Division. Upon request of the permittee, the permit may be rescinded by the Division prior to closure of the containment basin if the average size of the confined cattle herd at the cattle facility, calculated on an annual basis during the three years prior to the request for rescission, is less than one hundred confined cattle. Upon permit rescission, all of the following requirements shall apply: "(1) The cattle facility shall be subject to the requirements of 15A NCAC 02T.1303 (Permitting By Regulation) and 15A NCAC 02T.0113 (Permitting By Regulation) until the containment area is closed in accordance with standards adopted by the NRCS. "(2) The farm owner shall maintain records of land application and weekly records of containment basin waste levels on forms provided by or approved by the Division. "(3) Closure shall include prenotification to the Division and, within 15 days of completion of closure, submittal of a closure form supplied by the Division or closure forms approved by the Division that provide the same information required by the forms supplied by the Division. "The Division shall have the authority to deny a request for permit rescission based on the factors set out in subsection (e) of 15A NCAC 02T.0113 (Permitting By Regulation)." "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend 15A NCAC 02T.1306 (Closure Requirements) consistent with Section 20(c) of this act. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 20(c) of this act. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) ." "(e) Sunset. - Section 20(c) of this act expires on the date that rules adopted pursuant to Section 20(d) of this act become effective." Session Laws 2013-413, s. 22(a)-(e), provides: "(a) The definitions set out in G.S. 143-212 and 15A NCAC 02U.0103 (Definitions) apply to this section." "(b) 15A NCAC 02U.0701 (Setbacks). - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 22(d) of this act, the Commission and the Department shall implement 15A NCAC 02U.0701 (Setbacks) as provided in Section 22(c) of this act." "(c) Implementation. - Notwithstanding 15A NCAC 02U.0701 (Setbacks), the rule shall be implemented as provided in this section. "(1) Setbacks in subsection (c) of the rule for surface waters not classified as SA shall not apply provided that the reclaimed water to be utilized contains no more than 10 mg/l of Total Nitrogen and no more than 2 mg/l of Total Phosphorus. The elimination of setbacks to surface waters does not exempt any discharge of reclaimed water to waters of the State from meeting permit requirements established in 15A NCAC 02U.0101 (Purpose). "(2) Notwithstanding subsections (a) and (b) of the rule, no setback shall be required between final reclaimed water effluent storage facilities and property lines provided that the proposed final effluent storage facility was constructed prior to June 18, 2011. "(3) Setbacks between reclaimed water storage ponds and property lines or wells under separate ownership may be waived by the adjoining property owner. A copy of the signed waiver shall be provided to the Department. "(4) Setbacks between reclaimed water storage ponds and wells under the same ownership as the reclaimed water storage pond may be waived by the property owner." "(d) Additional Rule-Making Authority. - The Environmental Management Commission shall adopt a rule to amend 15A NCAC 02U.0701 (Setbacks) consistent with Section 22(c) of this act. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 22(c) of this act. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) ." "(e) Sunset. - Section 22(c) of this act expires on the date that rules adopted pursuant to Section 22(d) of this act become effective." Session Laws 2013-413, s. 61(a) is a severability clause. Effect of Amendments. - Session Laws 2015-241, s. 14.30(u), (v), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivision (3); and substituted "Secretary of Environmental Quality" for "Secretary of Environment and Natural Resources" in subdivision (5). Legal Periodicals. - For article, "Where Will You Go When the Well Runs Dry? Local Government Ownership and Water Allocation in North Carolina," see 32 Campbell L. Rev. 51 (2009).