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Kf)Vi hw3v j./-2^ y^i^ NORTH CAROLINA REGISTER VOLUME 11 • ISSUE 30 • Pages 2296 - 2345 June 16, 1997 IN THIS ISSUE NPDES Permit Public Notice - Water Resources Voting Rights Letter Adifllttistration Agriculture Environment, Health, and Natural Resources Human Resources Justice Rules Review Commission Contested Case Decisions PUBLISHED BY The Office ofAdministrative Hearings Rules Division PO Drawer 27447 Raleigh, NC2 7611- 7447 Telephone (919) 733-2678 Fax (919) 733-3462 This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 i NORTH CAROLINA REGISTER IN THIS ISSUE I. B»4 ADDITION Environment, Health, and Natural Resources Environmental Management - NPDES Permit Water Resources - Public Notice Voting Rights Letter n. 2296 2297 - 2298 2299 RULE-MAKING PROCEEDINGS Human Resources Secretary of Human Resources . . Justice NC Alarm System Licensing Board 2300 2300 Volume 11, Issue 30 Pages 2296 - 2345 June 16, 1997 This issue contains documents officially filed through May 23, 1997. Office of Administrative Hearings Rules Division 424 North Blount Street (27601) PO Drawer 27447 Raleigh, NC 27611-7447 (919)733-2678 FAX (919) 733-3462 Julian Mann III, Director James R. Scarcella Sr., Deputy Director Molly Masich, Director of APA Services Ruby Creech, Publications Coordinator Jean Shirley, Editorial Assistant Linda Richardson, Editorial Assistant ffl. PROPOSED RULES Environment, Health, and Natural Resources Environmental Management Commission 2303 - 2313 Human Resources Social Services Commission 2301 - 2303 rV. APPROVED RULES 2314 - 2322 Administration State Construction Office Agriculture Markets Veterinary Division Environment, Health, and Natural Resources Marine Fisheries Human Resources Medical Assistance Mental Health: General Mental Health: Hospitals Justice Criminal Information, Division of Criminal Justice Education & Training Standards V. RULES REVIEW COMMISSION 2323 - 2326 VI. CONTESTED CASE DECISIONS Index to AU Decisions 2327 - 2344 VU. 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Ex w Q. _o o coE O O >• Z a — —3 CT3 oa c EEo 5 o 0) 1 > c Q 33 >^ >< C 0) 5 U > a u> 2. 4j o §1 Ed 1/1 1/1 o >, a a u> XJ E < 1) 1 ELI 00 X) o 1 -J 2 C/3 2 c 1) -5 o 'i co o u fe f- Ed a u <r\ E o U XI b Z Z Ed a E c o 2 CO d .. i - -s ^ > - t: os « 3aEou 01 O S 03 <u .a ^ 41 3 1 1 =§ ac e = E > S u « ® 23 S 2 S • O BQ S u >.< s^ u so cs r< ^2 o. on .!2 .S 3 O £S ucs It 11 P .22 G. .E H EE o _ ^^H o u o x: ^ U u m <u Xi ^O" ^^ o CO V5 P3 Eu o C E — CJ c ci u 3 c T3 3 T3 W5 3 u o Q. S 3 .22 Ed O c/5 J- 3 li Z .2 o ct: -S I S 8 C£: - O a S- c E 3 o ^ a O S' a ^ 'C to u on <=^ CO J- ._ -a c^ o w 1) c CI. X K 2 u to aj "§ '^ CO x—: CO '^ c o u U x: Co 2 W5 "O — -o xH: y .5 CJ -C 4J >> fc '^ CO _c 3 ^a — c/5 x: c CO w c'l 3 CO ;5 5 C/5 IN ADDITION This Section contains public notices that are required to be published in the Register or have been approved by the Codifier ofRulesfor publication. STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 PUBLIC NOTICE OF INTENT TO ISSUE STATE GENERAL NPDES PERMIT Public notice of intent to reissue an expiring State National Pollutant Discharge Elimination System (NPDES) General Permit for Point Source Discharges of Stormwater and Wastewater associated with the following activities: \. NPDES General Permit No. NCG020000 for discharges of: • Stormwater associated with mining (including borrow pits) and quarrying of noimietallic minerals (except fuels) • Stormwater from vehicle maintenance areas at mining establishments • Treated process wastewater • Mine dewatering wastewater On the basis of preliminary staff review and application of Article 2 1 of Chapter 143 of the General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to reissue the State NPDES General Permit for the discharges as described above. INFORMATION: Copies of the draft NPDES General Permit and Fact Sheet concerning the draft Permit are available by writing or calling: Antonio Evans Water Quality Section N.C. Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 ext. 584 Persons wishing to comment upon or object to the proposed determinations are invited to submit their comments in writing to the above address no later than July 16. 1997. All comments received prior to that date will be considered in the final determination regarding permit issuance. A public meeting may be held where the Director of the Division of Water Quality finds a significant degree of public interest in any proposed permit issuance. The draft Permit, Fact Sheet and other information are on file at the Division of Water Quality, 512 N. Salisbury Street, Room 942 H, Archdale Building, Raleigh, North Carolina. They may be inspected during normal office hours. Copies of the information of file are available upon request and payment of the costs of reproduction. All such coimnents and requests regarding these matters should make reference to the draft Permit Number NCG020000. Date: May 23. 1997 /s/Bradlev Bennett, for A. Preston Howard, Jr., P.E., Director Division of Water Quality 11:30 NORTH CAROLINA REGISTER June 16, 1997 2296 IN ADDITION State of North Carolina Department of Environment, Health, and Natural Resources Division of Water Resources Public Notice Jordan Lake Water Supply Storage Allocations Notice is hereby given in accordance with North Carolina Administrative Code T15A: 02G.O5OO and N.C. General Statute 143-354(a)(ll) that the North Carolina Environmental Management Commission intends to allocate water supply storage from B. Everett Jordan Lake. The public hearing for this matter will be conducted at 5:00 p.m. on Monday, June 23, 1997 at the Archdale Building, Ground Floor Hearing Room, 512 N. Salisbury Street, Raleigh, NC. Reason for Proposed Action: The State of North Carolina has contracted for the use of the water supply storage capacity of B. Everett Jordan Lake, and can assign this storage to any local government having a need for water supply storage. Initial allocations to six local governments were made in 1988, two of which have since given up their allocations. Eight local governments have now requested additional water supply storage allocations from Jordan Lake. Jordan Lake is a U.S. Army Corps of Engineers multi-purpose reservoir located primarily in Chatham County in the Haw River Basin. One-third of Jordan Lake's storage capacity is designated for water supply, with the remaining two-thirds designated for water quality releases to supplement downstream flows during natural low flow conditions. Allocation of water supply storage does not reduce the amount of water available for water quality releases. The water supply storage will supply an estimated 100 million gallons per day (MGD) during most of the severest droughts. SLxty-seven MGD is currently unallocated. Allocation recommendations are based on the State's evaluation of each applicant's average daily demands through the year 2015, compared with each applicant's current and viable future water supplies. The recommended allocations are: Applicant Wake County/ Research Triangle Park Requested Recommended Interbasin Transfer Current Additional Additional Certification Allocation Allocation Allocation Required (MGD) (MGD) (MGD) Chatham Countv 6.0 7.0 0.0 No Durham none 25.0 0.0 No Fayetteville none 20.0 0.0 No Greensboro none 25.0 0.0 No Holl_\ Springs none 4.5 0.5 No Cary/Apex 16.0 29.0 5.0 Yes Morrisville none 4.5 2.5 Yes none 3.5 1.5 Yes The requested allocations were based on water demands in 2025, with some requests based on average daily demands and some based on maximum daily demands. The Division of Water Resources decided to base its recommendations on average daily demands in 2015, resulting in smaller allocations. Because long range projections are so uncertain, the Division believes that this more conservative incremental allocation process is the best wa>' to manage this important regional resource. If allocations are made as recommended, 57.5 MGD of the total estimated yield of 1(X) MGD will be available for future allocations to local governments. A final decision on those allocation requests requiring interbasin transfer certification under G.S. 143-215.221 (as indicated 2297 NORTH CAROLINA REGISTER June 16, 1997 11:30 IN ADDITION in the summary table) will not be made until the transfer review is completed. At that time a decision will be made regarding both the allocation and the interbasin transfer certification, following an additional public hearing. The June 23, 1997 hearing will receive comments on all allocation requests and recommended allocations, regardless of whether interbasin transfer certification is required. It is the intent of the Environmental Management Commission that the Towns of Cary and Apex be required to return all wastewater associated with an increase in their allocation to the Cape Fear River Basin. The additional allocation recommended by the Division of Water Resources for Cary and Apex includes this condition. The water supply storage contracts between the State and the allocation holders will be modified to base the contract on the use of the storage allocated, rather than on a maximum rate of withdrawal . This change will allow water systems to more fully use their storage by allowing them to increase withdrawals to meet their peak demands as long as the annual average withdrawal rate does not exceed the safe yield of their allocation and their storage is not depleted. The contract will also require the allocation holder to develop a drought and water shortage response plan acceptable to both the State and the U.S. Army Corps of Engineers. The Division of Water Resources' complete recommendations, along with background information, allocation criteria, and a detailed review of each application, are contained in the March 1997 report "Jordan Lake Water Supply Storage Allocation Recommendations." This report can be inspected during normal office hours at the Division of Water Resources, 512 N. Salisbury Street, Room 1 106, Archdale Building, Raleigh, North Carolina. The report is also available on the Division's Internet homepage at http://www.dwr.ehnr.state.nc.us/jordan/report.htm. Comment Procedures: All persons interested in this matter are invited to attend. Written statements of oral comments are requested. For more information contact: Thomas C. Fransen, Division of Water Resources, P.O. Box 27687, Raleigh NC 27611, telephone (919) 715-0381. If you are unable to attend, written comments can be mailed to this address until July 23, 1997. 11:30 NORTH CAROLINA REGISTER June 16, 1997 2298 IN ADDITION U.S. Department of Justice i Civil Rights Division IKP:JG:NT:tlb Voting Section DJ 166-012-3 P.O. Box 66128 97-0794 Washington. D. C. 20035-6128 97-0854 May 12, 1997 i David A. Holec, Esq. City Attorney P.O. Box 7207 Greenville, North Carolina 27835 Dear Mr. Holec: This refers to 18 annexations (Ordinance Nos. 96-16, 96-17, 96-19, 96-20, 96-39, 96-40, 96-68 to 96-70, 96-84 to 96-87, 96-97 to 96-100, and 96-105), the designation of annexed areas to districts, and the 1997 redistricting plan for a the City of Greenville in Pitt County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the I Voting Rights Act, 42 U.S.C. 1973c. We received your submissions on March 11 and 18, 1997; supplemental information was received on May 1, 1997. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine these submissions if additional information objection comes to our attention that would otherwise require an objection during the remainder of the sixty-day review period. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). Sincerely, Isabelle Katz Pinzler Acting Assistant Attorney General Civil Rights Division By: Elizabeth Johnson Chief, Voting Section i 2299 NORTH CAROLINA REGISTER June 16, 1997 11:30 RULE-MAKING PROCEEDINGS A Notice of Rule-making Proceedings is a statement of subject matter of the agency 's proposed mle making. The agency must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register under the section heading of Temporary Rules. A Rule-making Agenda published by an agency serx'es as Rule-making Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2. TITLE 10 - DEPARTMENT OF HUMAN RESOURCES Raleigh, NC 27603-5906. The comment period will remain through August 15, 1997. CHAPTER 14 - MENTAL HEALTH: GENERAL SUBCHAPTER 14V - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES SECTION .7100 - THOMAS S^ - REPORTING AND REVIEWING A Jotice of Rule-making Proceedings is hereby given by 1 y the Secretary of Human Resources in accordance with G.S. 150B-21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rules Affected by this Rule- Making: 10 NCAC 14V . 7101 - . 7105 - Other rules may be proposed in the course of the rule-making process. Authority for the rule-making: G.S. 108A, Article 6; 122C-112(a)(15); 122C-191; 130A-383; 130A-389; 130A- 398 Statement of the Subject Matter: The Rules in this Section will set forth requirements for reporting and reviewing deaths of prospective and confirmed Thomas S^ class members residing in non-State operated facilities. These Rules will apply to area mental health, developmental disability and substance abuse authorities and their contract agencies, but will not apply to prospective and confirmed Thomas S^ class members residing in their own home or in the home of their family. Reason for Proposed Action: G.S. 122C-(a)(15) requires the Secretary of Human Resources to adopt rules to implement the investigation of circumstances leading to the death of any prospective or confirmed Thomas S^ class member not residing in a State facility listed in G.S. 122C- 181. TITLE 12 - DEPARTMENT OF JUSTICE CHAPTER 11 - NORTH CAROLINA ALARM SYSTEMS LICENSING BOARD A Jotice of Rule-making Proceedings is hereby given by 1 V the North Carolina Alarm Systems Licensing Board in accordance with G.S. 150B-21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rules Affected by this Rule- Maldng: 12 NCAC 11: The Board proposes adoption of a new rule; therefore, no existing rules will be affected. Other rules may be proposed in the course of the rule-making process. Authority for the rule-making: G.S. 74D-5 (a)(2) Statement of the Subject Matter: The subject matter of the proposed rule-making proceeding will adopt guidelines and standards for continuing education for individuals licensed by the Board. Reason for Proposed Action: Currently, no provisions for continuing education exist. Because of the rapid changes in technology within the burglar alarm industry, the Board believes that it is in the best interest of the public and the burglar alarm industry to require continuing education for those licensed by the Board. Comment Procedures: Comments concerning this rule-making activity may be submitted within sixty (60) days of the date of this publication to W.A. Hoggard, HI, Administrator, N. C. Alarm Systems Licensing Board, 3320 Old Gamer Rd., Raleigh, NC 27626. Comment Procedures: Written comments should be submitted to Charlotte F. Hall, Rulemaking Coordinator, Division of Mental Health, Developmental Disabilities and Substance Abuse Sendees, 325 N. Salisburx Street, 11:30 NORTH CAROLINA REGISTER lune 16, 1997 2300 PROPOSED RULES This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5.000,000). Statutory reference: G.S. 150B-21.2. TITLE 10 - DEPARTMENT OF HUMAN RESOURCES do not have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. Notice is hereby given in accordance with G.S. 150B-21.2 that the Social Services Commission intends to amend rules cited as 10 NCAC 35E .0101, .0105 - .0106. .0308; 42J .0001, .0004 - .0005. Notice of Rule-making Proceedings was published in the Register on November 15, 1996. Proposed Effective Date: July 1, 1998 A Public Hearing will be conducted at 10:00 a.m. on July 17, 1997 at the Albemarle Building. Room 864, 325 North Salisbury Street, Raleigh, NC 27603. Reason for Proposed Action: The budget bill (House Bill 53) ratified by the North Carolina General Assembly, on August 3, 1996, contains provisions to eliminate Social Services Block Grant (Title XX) funding line items for voluntary sterilization and the administrative support serxices necessary to contract with the Department of Environment, Health, and Natural Resources (DEHNR) for the processing of Title XX - funded voluntary sterilization claims. The elimination of these finds is effective July 1, 1996. As a result, the Division will no longer be able to reimburse or process claims for voluntary sterilization or abortion senices funded through Social Services Block Grant (Title XX) funds. The proposed changes in the Rules listed above are necessary to eliminate federally funded voluntary sterilization and abortion as mandated Resource Items under Health Support Services, and to update various references to these components in the language of the Rules. In addition, the proposed changes are necessary to remove old language from the Rules allowing the use of Title XX to fund abortions, so as to comply with federal restriction on abortion funding. Comment Procedures: Comments may be presented in writing anytime before or at the public hearing, or orally at the hearing. Time limits for oral remarks may be imposed by the Commission Chairman. Any person may request copies of these Rules by calling or writing to Shamese Ransome, APA Coordinator, Social Senices Commission. NC Division of Social Services, 325 North Salisbury Street, Raleigh, NC 27603. Phone: 919/733- 3055. Fiscal Note: Jliese Rules do not affect the expenditures or revenues of state or local government funds. These Rules CHAPTER 35 - FAMH^Y SERVICES SUBCHAPTER 35E - SOCIAL SERVICES BLOCK GRANT (TITLE XX) SECTION .0100 - CONDITIONS OF ELIGIBILITY .0101 BASIC ELIGIBILITY CRITERIA In addition to the requirements of 10 NCAC 35D .0300, in order for an individual to be determined eligible to receive services funded under the Social Services Block Grant (Title XX), it must be established that he is eligible on the basis of need as specified in the target population for the services requested as set forth in 10 NCAC 35 through 37 and 10 NCAC 41 through 42 except that for purposes of providing child day care services, transponation services, or the federally funded abort ion and sterilization resource items item of health support services, eligibility must also be determined on the basis of his income maintenance or income eligible status. Authority G.S. 143B-153. .0105 MAXIMUM INCOME LEVELS FOR SERVICES (a) Sixty Percent of Established Income. An individual whose income unit's gross monthly income is less than 60 percent of the state's established income, adjusted according to size of the income unit as defined in Rule .0103 of this Section, may be eligible for transponation services or the federally funded abortion and sterilization resource i tems item of health support services funded under the Social Services Block Grant (Title XX) if available in the county in which he lives. (b) Eighty Percent of Established Income. An individual whose income unit's gross monthly income is as much as 60 percent but less than 80 percent of the state's established income, adjusted according to size of the income unit as defined in Rule .0103 of this Section, may be eligible for the federally funded abort ion—and sterilization resource items item of health support services if available in the county in which he lives. Authority G.S. 143B-153(2a)b. .0106 WITHOUT REGARD TO INCOME STATUS 2301 NORTH CAROLINA REGISTER June 16, 1997 11:30 PROPOSED RULES Individuals may be determined eligible for the following services on the basis of need for the service and without regard to their income: (1) adoption services; (2) adult placement services; (3) foster care services for children; (4) protective services for adults; (5) protective services for children; (6) child day care services, transportation services, and the federally funded abortion—and sterilization resource items item of health support services funded under the Social Services Block Grant (Title XX) that are needed in conjunction with protective services may be provided without regard to income during the first 12 months that protective services are provided if such service is available in the county in which the individual lives and the agency has received a report pursuant to G.S. 7A-543 or G.S. 108A-102, has initiated protective services in accordance with program policies, and has determined that such other services are needed to support the provision of protective services; (7) delinquency prevention (including residential care); (8) employment and training support services (including transportation and resource items); (9) health support services (including transportation and resources for the aging, disabled or handicapped but excluding the sterilization and abortion resource i tems); item): (10) individual and family adjustment services (including camping component); (1 1) problem pregnancy (including residential care); (12) community living services; (13) day care services for adults; (14) housing and home improvement services (including resource items); (15) in-home aide services (levels I through IV) as described in 10 NCAC 42H .0903 and .0904, which is incorporated by reference, including subsequent amendments and editions. Copies of these Rules may be obtained from the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, NC 27611-7447, (919) 733- 2678, at a cost of two dollars and fifty cents ($2.50) for up to ten pages and fifteen cents ($.15) for each additional page at the time of the adoption of this Rule; (16) personal and family counseling; (17) preparation and delivery of meals; and (18) residential treatment for the emotionally disturbed. Authority G.S. 143B-153(2a)b. SECTION .0300 - SERVICE DEFINITIONS .0308 HEALTH SUPPORT SERVICES (a) Primary Service. Health support services means helping individuals and families to recognize health needs including those related to alcohol and drug abuse; to cope with incapacities and limited functioning resulting from aging, disability, or handicap and to choose, obtain and use resources and mechanisms of support under Medicaid (including the early and periodic screening, diagnosis and treatment program), medicare, maternal and child health programs and from other public or private agencies or providers of health services; counseling and plaiming, as appropriate, with individuals, families, and health providers to help assure continuity of treatment and the carrying out of health recommendations; helping individuals to secure admission to medical institutions and children to secure admission to other health-related facilities as needed; and family planning services as described in i9r) Paragraph (b) of this Rule. At county option, transportation, when not otherwise available, may be provided as necessary to access needed medical and health care resources. (b) Components. Family plaiming services to enable individuals and families to voluntarily limit the family size or to space the children, and to prevent or reduce the incidence of births out of wedlock. Such services include educational activities, the provision of printed materials, counseling about family plaiming and genetics, and help in utilizing medical and educational services available in the community and state. Also included are educational services in human sexuality appropriate to an individual's emotional and social adjustment and physical development. (c) Optional Resource Items. (1) Mandated Resources: Medical Services: (A) For individuals who are recipients of AFDC, SSI, or protective services or whose family income is less than 80 percent of the state's established income maximum for social services eligibility, payment for medical services for nontherapeutic sterilization, sterilization and payment for abortion in cases where the mother's life would be endangered i f the fetus were carried to term. (B) For women who are recipients of AFDC, SSF;—or—protect ive—services—or — whose income does not exceed 50 percent of the state's established income maximum for social—se rvices eligibility,— p ayment—for abort ion under the state abortion fund. (2) Opt ional Resources : Resources for the Aging. Disabled or Handicapped. At county option any combination of the following resource items may be provided as needed and appropriate to enable aging, disabled or handicapped individuals to attain or maintain the highest level of functioning possible, to promote their well-being and to 11:30 NORTH CAROLINA REGISTER June 16, 1997 2302 PROPOSED RULES prevent care: (A) or reduce inappropriate institutional Assistance with communication to enable individuals to utilize needed health and medical resources and other community services and resources through the provision of interpreters for the deaf and the provision of telephones when not otherwise available for the aging, disabled, or handicapped who are alone and homebound, or who have a health or medical condition which necessitates ready access to or frequent use of a telephone in their home. (B) Mobility assistance for aging, disabled and handicapped persons, through the installation of ramps, rails and other safety measures at the individual's home and the provision of escort service to health facilities and other needed resources for individuals unable to travel or wait alone. (C) Arranging for or providing friendly visitors or companions for part of a day to assist individuals who, because of frailty, physical or mental disability or social isolation, have limited contacts with other people. Such companionship service offers mental and physical stimulation and provides an opportunity for observation as to the need for professional help of any kind. (D) Provision of special health needs and supplies such as ostomy supplies, oxygen, bandages, orthopedic and other appliances needed by aging and disabled individuals in their own homes and not available through Medicaid, Medicare or resources without cost. (d) Target Population: (1) individuals or families experiencing health related problems; (2) for the family planning component, individuals (male or female) who are of age to produce children. Authority G.S. 143B-I53. SUBCHAPTER 42J - HEALTH SUPPORT SERVICES .0001 NATURE AND PURPOSE (a) The definition of health support services is set forth in 10 NCAC 35E .0300. (b) Medical services (diagnosis, treatment and care) are limited to nontherapeutic sterilization, sterilization and abort ion. .0004 MEDICAL SERVICES (a) Medical services related to abortion—and nontherapeutic sterilization as described in 10 NCAC 35E .0300 must be performed by licensed or certified medical providers. (b) Nontherapeutic sterilization is provided only for persons 21 years of age or older who are capable of giving informed consent. Nontherapeutic sterilization is any procedure or operation the primary purpose of which is to render an individual permanently incapable of reproducing. Authority G.S. 143B-153; 42 C.F.R. 441.253. .0005 FUNDING FOR MEDICAL SERVICES (a) Title XIX (medicaid) shall be utilized as the first funding option for mandated resourc es, medical services. If Title XIX cannot be used, the individual's eligibility for Ti t le XX and othe r funding resources should be explored. Ti t l e—XX— r eimbursement—wiH—be—at — medicaid— r ates. Elec t ive abortions may be provided with St ate Abort ion Funds.—Nonclcct ivc abonions may be provided under specifically limited ci rcumstances, and funded by Titl e s XfX—and—XX — of the — Social—Security—Actr County departments of social services electing to provide medical services as described in 10 NCAC 35E .0300 shall be responsible for the processing and payment of provider claims pursuant to those medical services authorized by the county. (b) If individuals have health insurance which will cover all or part of the bill for medical services, the amount allowed under Title XX will be the difference between the insurance payment and the maximum amount which would be allowed at medicaid rates. If the individual's insurance pays more than the allowable medicaid rate no funds will be available from Title XX. (c) Provider claims for authorized medical services must be filed within the time limits prescribed in medicaid policy unless otherwise designated by the Division. Authority G.S. 143B-153. TITLE ISA - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES Notice is hereby given in accordance with G.S. 1508-21.2 that the EHNR - Environmental Management Commission intends to amend rules cited as ISA NCAC 23 .0101. .0202: and adopt rule cited as 15A NCAC 28 .0230. Notice of Rule-making Proceedings was published in the Register on March 14, 1997. Proposed Effective Date: August 1, 1998 Authority G.S. 1438-153. 2303 NORTH CAROLINA REGISTER June 16, 1997 11:30 PROPOSED RULES A Public Hearing will be conducted at 7:00 p.m. (You may sign up to speak beginning at 6:30 p.m.) on July 8, 1997 at the following locations: Asheville-Buncombe Technical Community College Laurel Auditorium 340 Victoria Road Asheville, NC Caneret Community College Joslyn Hall 3505 Arendell Street Morehead City, NC Archdale Building Ground Floor Hearing Room 512 North Salisbury Street Raleigh, NC 27626 Reason for Proposed Action: The purpose of this rule-making procedure (including public hearings and the written comment period) is to receive comments on the proposed Use Restoration Waters (URW) supplemental water quality classification from interested people. The written comment period will be open until August 8, 1997. The EMC is interested in comments in favor of and opposed to the proposed rule. Throughout North Carolina, there are waters which persistently have impaired designated uses because of pollution problems. Designated uses include swimming, aquatic life support, and commercial shellfish harvest. These waters are often very difficult to restore due to the multitude of nonpoint sources contributing pollutants to the waterbody. Point source dischargers may also be a source of the impairment. The Division of Water Quality (DWQ) is proposing a URW supplemental classification to restore designated uses in impaired waters. The URW supplemental classification would be applied to a waterbody in addition to the existing primary classification. Goals of the URW supplemental classification are to improve water quality in small watersheds so that uses are restored, and to improve targeting and coordination of various funding and programmatic efforts toward selected waters. If approved, application of this supplemental classification could include voluntary, mandatory or conditional mandatory management strategies to control the specific parameters of concern in selected impaired watersheds. The actions required by the management strategies would include voluntary measures, pollution prevention, and source reduction strategies to the maximum extent practical. These watershed-specific management strategies would be developed in coordination with interested stakeholders and could include: • watershed-specific best management practices for nonpoint sources. • source reduction strategies such as education and site-planning considerations. • ecosystem restoration efforts, • wastewater treatment requirements, and • other waste treatment management requirements. It is important to note that this proposed rule making only will establish the supplemental classification for URW. Any watershed-specific strategies proposed for adoption will be required to go through separate, individual rule-making proceedings at a later date. Comment Procedures: You may submit comments, statements, data and other information in writing prior to, during or after the hearing but no later than August 8, 1997. You may also present verbal comments at the hearing. The Hearing Officer may limit the length of time that you may speak so that all those who wish to speak may have an opportunity to do so. We encourage you to submit written comments. The EMC may not adopt a rule that differs substantially from the text of the proposed rule published in the North Carolina Register unless the EMC publishes the test of the proposed different rule and accepts comments on the new text. (See 150B-21.2 (g)). All interested and potentially affected persons are strongly encouraged to read the entire announcement and supporting information arui make comments on the proposal being noticed. You may obtain further explanations and details of the proposed rule making by writing or calling Annette Lucas at the location listed below. In the case of inclement weather, please call the number listed below for a recording on whether the hearings will be held as scheduled. Written comments may be submitted to: Annette Lucas DEHNR/Division of Water Quality PO Box 29535 Raleigh, NC 27626-0535 (919) 733-5083, extension 587 Fiscal Note: 772^5^ Rules do not affect the expenditures or revenues of state or local government funds. These Rules do not have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. CHAPTER 2 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 2B - SURFACE WATER AND WETLAND STANDARDS SECTION .0100 - PROCEDURES FOR ASSIGNMENT OF WATER QUALITY STANDARDS .0101 GENERAL PROCEDURES (a) The rules contained in Sections .0100, .0200 and .0300 of this Subchapter which pertain to the series of classifications and water quality standards shall be known as the "Classifications and Water Quality Standards 11:30 NORTH CAROLINA REGISTER June 16, 1997 2304 PROPOSED RULES Applicable to the Surface Waters and Wetlands of Nonh Carolina." (b) The Environmental Management Commission, prior to classifying and assigning standards of water quality to any waters of the state, shall proceed as follows: (1) The Commission, or its designee, shall determine waters to be studied for the purpose of classification and assignment of water quality standards on the basis of user requests, petitions, or the identification of existing or attainable water uses, as defined by 15A NCAC 2B .0202, not presently included in the water classification. (2) After appropriate studies of the identified waters to obtain the data and information required for determining the proper classification of the waters or segments of water are completed, the Commission, or its designee, shall make a decision on whether to initiate proceedings to modify the classifications and water quality standards of identified waters. In the case of the Commission's designee deciding to initiate said proceedings, the designee shall inform the Commission of the decision prior to scheduling a public hearing. (3) In the case of a petition for classification and assignment of water quality standards according to the requirements of G.S. 150B-20, the Director shall make a preliminary recommendation on the appropriate classifications and water quality standards of the identified waters on the basis of the study findings or information included in the petition supporting the classification and standards changes. (4) The Commission shall make a decision on whether to grant or deny a petition in accordance with the provisions of G.S. 150B-20 based on the information included in the petition and the recommendation of the Director. The Commission may deny the petition and request that the Division study the appropriate classifications and water quality standards for the petitioned waters in accordance with Subparagraph (b)(2) of this Rule. (5) The Director shall give due notice of such hearing or hearings in accordance with the requirements of G.S. 143-214.1 and G.S. 150B, and shall appoint a hearing officer(s) in consultation with the chairman of the Commission. (6) The hearing officer(s) shall, as soon as practicable after the completion of the hearing, submit a complete report of the proceedings of the hearing to the Commission. The hearing officer(s) shall include in the report a transcript or summary of testimony presented at such public hearing, relevant exhibits, a summary of relevant information from the stream studies conducted by the technical staff of the Commission, and final recommendations as to classification of the designated waters and the standards of water quality and best management practices which should be applied to the classifications recommended. (7) The Commission, after due consideration of the hearing records and the final recommendations of the hearing officer(s), shall adopt its final action with respect to the assignment of classifications, and any applicable standards or best management practices applicable to the waters under consideration. The Commission shall publish such action, together with the effective date for the application of the provisions of G.S. 143-215.1 and 143-215.2, as amended, as a part of the Commission's official rules. (8) The final action of the Commission with respect to the assigimient of classification with its accompanying standards and best management practices shall contain the Commission's conclusions relative to the various factors given in G.S. 143-214. 1(d), and shall specifically include the class or classes to which such specifically designated waters in the watershed or watersheds shall be assigned on the basis of best usage in the interest of the public. (c) Freshwater shall be assigned to one of the following classification: (1) Class C: freshwaters protected for secondary recreation, fishing, aquatic life including propagation and survival, and wildlife. All freshwaters shall be classified to protect these uses at a minimum. (2) Class B: freshwaters protected for primary recreation which includes swimming on a frequent or organized basis and all Class C uses. (3) Class WS-I: waters protected as water supplies which are essentially in natural and undeveloped watersheds. Point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter. Local programs to control nonpoint sources and stormwater discharges of pollution are required. Suitable for all Class C uses. (4) Class WS-II: waters protected as water supplies which are generally in predominantly undeveloped watersheds. Point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter. Local programs to control nonpoint sources and stormwater discharges of pollution shall be required. Suitable for all Class C uses. (5) Class WS-III: waters protected as water supplies which are generally in low to moderately developed watersheds. Point source discharges 2305 NORTH CAROLINA REGISTER June 16, 1997 11:30 PROPOSED RULES ) ) of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter. Local programs to control nonpoint sources and stormwater discharges of pollution shall be required. Suitable for all Class C uses. (6) Class WS-IV: waters protected as water supplies which are generally in moderately to highly developed watersheds. Point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter. Local programs to control nonpoint sources and stormwater discharges of pollution shall be required; suitable for all Class C uses. (7) Class WS-V: waters protected as water supplies which are generally upstream of and draining to Class WS-IV waters. No categorical restrictions on watershed development or treated wastewater discharges shall be required. However, the Commission or its designee may apply appropriate management requirements as deemed necessary for the protection of downstream receiving waters (15A NCAC 2B .0203); suitable for all Class C uses. (8) Class WL: waters that meet the definition of wetlands found in 15A NCAC 2B .0202 except those designated as Class SWL. (d) Tidal Salt Waters shall be assigned to one of the following: (1) Class SC: saltwaters protected for secondary recreation, fishing, aquatic life including propagation and survival, and wildlife. All saltwaters shall be classified to protect these uses at a minimum. (2) Class SB: saltwaters protected for primary recreation which includes swirmning on a frequent or organized basis and all Class SC uses. (3) Class SA: suitable for commercial shellfishing and all other tidal saltwater uses. (4) Class SWL: waters that meet the definition of coastal wetlands as defined by 15A NCAC 2H .0205, and which are landward of the mean high water line, and wetlands contiguous to estiiarine waters as defined by 15A NCAC 2H .0206. (e) The following are supplemental classifications: (1) Trout waters (Tr): freshwaters protected for natural trout propagation and survival of stocked trout. (2) Swamp waters (Sw): waters which have low velocities and other natural characteristics which are different from adjacent streams. (3) Nutrient Sensitive Waters (NSW): waters subject to growths of microscopic or macroscopic vegetation requiring limitations on nutrient inputs. (4) Outstanding Resource Waters (ORW): unique and special waters of exceptional state or national recreational or ecological significance which require special protection to maintain existing uses. (5) High Quality Waters (HQW): waters which are rated as excellent based on biological and physical/chemical characteristics through Division monitoring or special studies, native and special native trout waters (and their tributaries) designated by the Wildlife Resources Commission, primary nursery areas (PNA) designated by the Marine Fisheries Commission and other functional nursery areas designated by the Marine Fisheries Commission, all water supply watersheds which are either classified as WS-I or WS-II or those for which a formal petition for reclassification as WS-I or WS-II has been received from the appropriate local government and accepted by the Division of Water Quality and all Class SA waters. (6) Future Water Supply (FWS): waters that have been requested by a local government and adopted by the Commission as a future source for drinking, culinary, or food-processing purposes. Local govenmient(s) requesting this reclassification shall provide to the Division evidence of intent which may include one or a combination of the following: capitol improvement plans, a Water Supply Plan as described in G.S. 143-355(1), bond issuance for the water treatment plant or land acquisition records. Local governments shall provide a 1:24,000 scale USGS topographical map delineating the location of the intended water supply intake. Requirements for activities administered by the State of North Carolina, such as the issuance of permits for landfills, NPDES wastewater discharges, land application of residuals and road construction activities shall be effective upon reclassification for future water supply use. The requirements shall apply to the critical area and balance of the watershed or protected area as appropriate. Upon receipt of the final approval letter from the Division of Environmental Health for construction of the water treatment plant and water supply intake, the Commission shall initiate rule-making to modify the Future Water Supply supplemental classification. Local government implementation is not required until 270 days after the Commission has modified the Future Water Supply (FWS) supplemental classification through the rule-making process and notified the affected local govemment(s) that the appropriate local government land use requirements applicable for the water supply classifications are to be adopted, implemented and submitted to the Commission for approval. Local governments 11:30 NORTH CAROLINA REGISTER June 16, 1997 2306 PROPOSED RULES may also adopt land use ordinances that meet or exceed the stale's minimum requirements for water supply watershed protection prior to the end of the 270 day deadline. The requirements for FWS may also be applied to waters formerly used for drinking water supply use, and currently classified for water supply use, at the request of local govemment(s) desiring protection of the watershed for future water supply use. (7) Unique wetland (UWL): wetlands of exceptional state or national ecological significance which require special protection to maintain existing uses. These wetlands may include wetlands that have been documented to the satisfaction of the Commission as habitat essential for the conservation of state or federally listed threatened or endangered species. (8) Use Restoration Waters (URW): waters with a designated use which has been impaired to the extent that the use has been lost or impaired in a manner that is more than transitory, based on a water quality assessment using biological, physical, or chemical data, or a combination of water quality data. (0 In determining the best usage of waters and assigning classifications of such waters, the Commission shall consider the criteria specified in G.S. 143-214. 1(d) and all existing uses as defined by 15A NCAC 2B .0202. In determining whether to revise a designated best usage for waters through a revision to the classifications, the Commission shall follow the requirements of 40 CFR 131. 10(b), (c),(d) and (g) which are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Water Quality, Water Quality Section, 512 North Salisbury Street, Raleigh, North Carolina. Copies may be obtained from the U.S. Government Printing Office, Superintendent of Documents, Washington, DC 20402-9325 at a cost of thirteen dollars ($13.00). (g) When revising the classification of waters, the Division shall collect water quality data within the watershed for those substances which require more stringent control than required by the existing classification. However, such sampling may be limited to only those parameters which are of concern. If the revision to classifications involves the removal of a designated use. the Division shall conduct a use attainability study as required by the provisions of 40 CFR 131.10(j) which are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Water Quality, Water Quality Section, 512 North Salisbury Street, Raleigh, North Carolina. Copies may be obtained from the U.S. Government Printing Office, Superintendent of Documents, Washington, DC 20402-9325 at a cost of thirteen dollars ($13.00). Authority' G.S. 143-214.1; 143-215. 3(a)(1). SECTION .0200 - CLASSIFICATIONS AND WATER QUALITY STAJVDARDS APPLICABLE TO SURFACE WATERS AND WETLANDS OF NORTH CAROLINA .0202 DEFINITIONS The definition of any word or phrase used in this Section shall be the same as given in G.S. 143, Article 21. The following words and phrases, which are not defined in this article, shall be interpreted as follows: (1) Acute toxicity to aquatic life means lethality or other harmful effects sustained by either resident aquatic populations or indicator species used as test organisms in a controlled toxicity test due to a shon-term exposure (relative to the life cycle of the organism) to a specific chemical or mixture of chemicals (as in an effluent). Short-term exposure for acute tests is generally 96 hours or less. Acute toxicity shall be determined using the following procedures: (a) for specific chemical constituents or compounds, acceptable levels shall be equivalent to a concentration of one-half or less of the Final Acute Value (FAV) as determined according to "Guidelines for Deriving Numerical Water Quality Criteria for the Protection of Aquatic Life and its Uses" published by the Environmental Protection Agency and referenced in the Federal Register (50 FR 30784, July 29, 1985) which is hereby incorporated by reference including any subsequent amendments. (b) for specific chemical constituents or compounds for which values described under Sub-item (l)(a) of this Rule can not be determined, acceptable levels shall be equivalent to a concentration of one-third or less of the lowest available LC50 value. (c) for effluents, acceptable levels are defined as no statistically measurable lethality (99 percent confidence level using Students t test) during a specified exposure period. Concentrations of exposure shall be determined on a case-by-case basis. (d) in instances where detailed dose response data indicate that levels of acute toxicity are significantly different from those defined in this Rule, the Director may determine on a case-by-case basis an alternate acceptable level through 2307 NORTH CAROLINA REGISTER June 16, 1997 11:30 PROPOSED RULES > ) ) statistical analyses of the dose response curve. (2) Acute to Chronic Ratio (ACR) means the ratio of acute toxicity expressed as an LC50 for a specific toxicant or an effluent to the chronic value for the same toxicant or effluent. (3) Agricultural uses include the use of waters for stock watering, irrigation, and other farm purposes. (4) Approved treatment, as applied to water supplies, means treatment accepted as satisfactory by the Division of Environmental Health or Division of Water Quality. (5) Average (except bacterial) means arithmetical average and includes the analytical results of all samples taken during the specified period; all sampling shall be done as to obtain the most representative sample under prevailing conditions: (a) Daily Average for dissolved oxygen, shall be of at least four samples; (b) Weekly Average means the average of all daily composite samples obtained during the calendar week. If only one grab sample is taken each day, the weekly average is the average of all daily grab samples. A minimum of three daily grab samples is needed to calculate a weekly average. (c) Monthly Average means the average of all daily composites (or grab samples if only one per day) obtained during the calendar month. The definitions in this Paragraph do not affect the monitoring requirements for NPDES permits but rather shall be used by the Division along with other methodologies in determining violations of water quality standards. Arithmetical averages as defined by this Section, and not confidence limits nor other statistical descriptions, shall be used in all calculations of limitations which require the use of averages pursuant to this Section and 40 CFR 122.41(l)(4)(iii). (6) Best Management Practice (BMP) means a structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals. (7) Best usage of waters as specified for each class means those uses as determined by the Environmental Management Commission in accordance with the provisions of G.S. 143-214.1. (8) Bioaccumulation factor (BAF) is a unitless value that describes the degree to which substances are taken up or accumulated into tissues of aquatic organisms from water directly and from food or other ingested materials containing the accumulated substances, and is usually measured as a ratio of a substance's concentration in tissue versus its concentration in water in situations where exposure to the substance is occurring from both water and the food chain. (9) Bioconcentration factor (BCF) is a unitless value that describes the degree to which substances are absorbed or concentrated into tissues of aquatic organisms from water directly and is usually measured as a ratio of substance's concentration in tissue versus its concentration in water in situations where exposure to the substance is occurring from water only. (10) Biological integrity means the ability of an aquatic ecosystem to support and maintain a balanced and indigenous community of organisms having species composition, diversity, population densities and functional organization similar to that of reference conditions. (11) Buffer means a natural or vegetated area through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer shall be measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers. (12) Built-upon area means that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) (13) Chronic toxicity to aquatic life means any harmful effect sustained by either resident aquatic populations or indicator species used as test organisms in a controlled toxicity test due to long-term exposure (relative to the life cycle of the organism) or exposure during a substantial portion of the duration of a sensitive period of the life cycle to a specific chemical substance or mixture of chemicals (as in an effluent). In absence of extended periods of exposure, early life stage or reproductive toxicity tests may be used to define chronic impacts. (14) Chronic value for aquatic life means the geometric mean of two concentrations identified in a controlled toxicity test as the No Observable Effect Concentration (NOEC) and the Lxiwest Observable Effect Concentration (LOEC). 11:30 NORTH CAROLINA REGISTER June 16, 1997 2308 PROPOSED RULES (15) Cluster development means the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential development as well as single-family residential and multi-family developments. For the purpose of Sections .0100, .0200 and .0300 of this Subchapter, plaimed unit developments and mixed use development shall be considered as cluster development. (16) Concentrations are the mass of a substance per volume of water and for the purposes of this Section shall be expressed as milligrams per liter (mg/1), micrograms per liter (ug/1), or nanograms per liter (ng/1). (17) Contiguous refers to those wetlands landward of the mean high water line or normal water level and within 575 feet of classified surface waters which appear as solid blue lines on the most recently published versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps. (18) Critical area means the area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either Vi mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or Vi mile upstream from and draining to the intake (or other appropriate downstream location associated with the water supply) located directly in the stream or river (run-of-the-river), or to the ridge line of the watershed (whichever comes first). Since WS-I watersheds are essentially undeveloped, establishment of a critical area is not required. Local governments may extend the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of Vi mile. The Commission may adopt a different critical area size during the reclassification process. (19) Designated Nonpoint Source Agency means those agencies specified by the Governor in the North Carolina Nonpoint Source Management Program, as approved by the Environmental Protection Agency. (20) Development means any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. (21) Director means the Director of the Division of Water Quality. (22) Discharge is the addition of any man-induced waste effluent either directly or indirectly to state surface waters. (23) Division means the Division of Water Quality or its successors. (24) Domestic wastewater discharge means the discharge of sewage, non-process industrial wastewater, other domestic wastewater or any combination of these items. Domestic wastewater includes, but is not limited to, liquid waste generated by domestic water using fixtures and appliances, from any residence, place of business, or place of public assembly even if it contains no sewage. Examples of domestic wastewater include once-through non-contact cooling water, seafood packing facility discharges and wastewater from restaurants. (25) Effluent charmel means a discemable confined and discrete conveyance which is used for transporting treated wastewater to a receiving stream or other body of water as provided in Rule .0215 of this Section. (26) Existing development, for projects that do not require a state permit, shall be defined as those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of the local government water supply ordinance, or such earlier time that an affected local government's ordinances shall specify, based on at least one of the following criteria: (a) substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project, or (b) having an outstanding valid building permit in compliance with G.S. 153A-344.1 or G.S. 160A-385.1, or (c) having an approved site specific or phased development plan in compliance with G.S. 153A-344.1 or G.S. 160A-385.1. For projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities, existing development shall be defined as those projects that are built or those projects for which a state permit was issued prior to August 3, 1992. (27) Existing uses mean uses actually attained in the water body, in a significant and not incidental manner, on or after November 28, 1975, whether or not they are included in the water quality standards, which either have been actually available to the public or are uses deemed attainable by the Environmental Management Commission. At a minimum, uses 2309 NORTH CAROLINA REGISTER June 16, 1997 11:30 PROPOSED RULES ^ ) ) shall be deemed attainable if they can be achieved by the imposition of effluent limits and cost-effective and reasonable best management practices (BMPs) for nonpoint source control. (35) (28) Family subdivision means a division of a tract of land: (36) (a) to convey the resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one relative; or (b) to divide land from a common ancestor among tenants in common, all of whom inherited by intestacy or by will. (29) Fishing means the taking of fish by sport or (37) commercial methods as well as the consumption of fish or shellfish or the propagation of fish and such other aquatic life as is necessary to provide a suitable environment for fish. (30) Freshwater means all waters that under natural conditions would have a chloride ion content of 500 mg/1 or less. (31) Industrial discharge means the discharge of (38) industrial process treated wastewater or wastewater other than sewage. Stormwater shall not be considered to be an industrial wastewater unless it is contaminated with industrial wastewater. Industrial discharge includes: (a) wastewater resulting from any process of (39) industry or manufacture, or from the development of any natural resource; (b) wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes, but not wastewater from restaurants; or (c) wastewater discharged from a municipal wastewater treatment plant requiring a (40) pretreatment program. (32) LC50 means that concentration of a toxic substance which is lethal (or immobilizing, if appropriate) to 50 percent of the organisms tested during a specified exposure period. The LC50 concentration for toxic materials shall be (41) determined for sensitive species as defined by Item (43) of this Rule under aquatic conditions characteristic of the receiving waters. (33) Local government means a city or county in singular or plural as defined in G.S. 160A-1(2) andG.S. 158A-I0. (34) Lower piedmont and coastal plain waters mean (42) those waters of the Catawba River Basin below Lookout Shoals Dam; the Yadkin River Basin below the junction of the Forsyth, Yadkin, and Davie County lines; and all of the waters of (43) Cape Fear, Lumber, Roanoke, Neuse, Tar-Pamlico, Chowan, Pasquotank, and White Oak River Basins; except tidal salt waters which are assigned S classifications. MF is an abbreviation for the membrane filter procedure for bacteriological analysis. Major variance means a variance from the minimum statewide watershed protection rules that results in the relaxation, by a factor greater than five percent of any buffer, density or built-upon area requirement under the high density option; any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system; or relaxation by a factor greater than 10 percent, of any management requirement under the low density option. Minor variance means a variance from the minimum statewide watershed protection rules that results in a relaxation, by a factor of up to five percent of any buffer, density or built-upon area requirement under the high density option; or that results in a relaxation by a factor up to 10 percent, of any management requirement under the low density option. Mixing zone means a region of the receiving water in the vicinity of a discharge within which dispersion and dilution of constituents in the discharge occurs and such zones shall be subject to conditions established in accordance with 15A NCAC 2B .0204(b). Mountain and upper piedmont waters mean all of the waters of the Hiwassee; Little Tennessee, including the Savannah River drainage area; French Broad; Broad; New; and Watauga River Basins; and those portions of the Catawba River Basin above Lookout Shoals Dam and the Yadkin River Basin above the junction of the Forsyth, Yadkin, and Davie County lines. Nonconforming lot of record means a lot described by a plat or a deed that was recorded prior to the effective date of local watershed regulations (or their amendments) that does not meet the minimum lot-size or other development requirements of Rule .021 1 of this Subchapter. Nonpoint source pollution means pollution which enters waters mainly as a result of precipitation and subsequent runoff from lands which have been disturbed by man's activities and includes all sources of water pollution which are not required to have a permit in accordance with G.S. 143-215. 1(c). Non-process discharge means industrial effluent not directly resulting from the manufacturing process. An example would be non-contact cooling water from a compressor. Nutrient sensitive waters mean those waters which are so designated in the classification 11:30 NORTH CAROLINA REGISTER June 16, 1997 2310 PROPOSED RULES schedule in order to limit the discharge of nutrients (usually nitrogen and phosphorus). They are designated by "NSW" following the water classification. (44) Offensive condition means any condition or conditions resulting from the presence of sewage, industrial wastes or other wastes within the waters of the state or along the shorelines thereof which shall either directly or indirectly cause foul or noxious odors, unsightly conditions, or breeding of abnormally large quantities of mosquitoes or other insect pests, or shall damage private or public water supplies or other structures, result in the development of gases which destroy or damage surrounding property, herbage or grasses, or which may cause the impairment of taste, such as from fish flesh tainting, or affect the health of any person residing or working in the area. (45) Primary Nursery Areas (PNAs) are tidal saltwaters which provide essential habitat for the early development of commercially imponant fish and shellfish and are so designated by the Marine Fisheries Commission. (46) Primary recreation includes swimming, skin diving, skiing, and similar uses involving human body contact with water where such activities take place in an organized or on a frequent basis. (47) Protected area means the area adjoining and upstream of the critical area in a WS-IV water supply in which protection measures are required. The boundaries of the protected areas are defined as within five miles of the normal pool elevation of the reservoir and draining to water supply reservoirs (measured from the normal pool elevation) or to the ridge line of the watershed (whichever comes first); or 10 miles upstream and draining to the intake located directly in the stream or river (run-of-the-river), or to the ridge line of the watershed (whichever comes first). Local governments may extend the protected area. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the protected area if these landmarks are immediately adjacent to the appropriate outer boundary of five or 10 miles. In some cases the protected area shall encompass the entire watershed. The Commission may adopt a different protected area size during the reclassification process. (48) Residential development means buildings for residence such as attached and detached single family dwellings, apartment complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages, storage buildings, and gazebos. (49) Residuals means any solid or demisolid waste generated from a wastewater treatment plant, water treatment plant or air pollution control facility permitted under the authority of the Environmental Management Commission. (50) Secondary recreation includes wading, boating, other uses not involving human body contact with water, and activities involving human body contact with water where such activities take place on an infrequent, unorganized, or incidental basis. (51) Sensitive species for aquatic toxicity testing is any species utilized in procedures accepted by the Commission or its designee in accordance with Rule .0103 of this Subchapter, or the following genera: (a) Daphnia; (b) Ceriodaphnia; (c) Salmo; (d) Pimephales; (e) Mysidopsis; (0 Champia; (g) Cyprinodon; (h) Arbacia; (i) Penaeus; (j) Menidia; (k) Notropis; (1) Salvelinus; (m) Oncorhynchus; (n) Selenastrum; (o) Chironomus; (p) Hyalella; (q) Lumbriculus. (52) Shellfish culture includes the use of waters for the propagation, storage and gathering of oysters, clams, and other shellfish for market purposes. (53) Stormwater collection system means any conduit, pipe, channel, curb or gutter for the primary purpose of transporting (not treating) runoff. A stormwater collection system does not include vegetated swales, swales stabilized with armoring or alternative methods where natural topography prevents the use of vegetated swales (subject to case-by-case review), curb outlet systems or pipes used to carry drainage underneath built-upon surfaces that are associated with development controlled by the provisions of 15A NCAC 2H .1003(c)(1). (54) Source of water supply for drinking, culinary or food-processing purposes means any source, either public or private, the waters from which are used for human consumption, or used in connection with the processing of milk, beverages, food, or other purpose which requires water suitable for human consumption. 2311 NORTH CAROLINA REGISTER June 16, 1997 11:30 PROPOSED RULES \ ) ) (55) Swamp waters mean those waters which are classified by the Envirornnental Management Commission and which are topographically located so as to generally have very low velocities and other characteristics which are different from adjacent streams draining steeper topography. They are designated by "Sw" following the water classification. (56) Tidal salt waters mean all tidal waters which are classified by the Environmental Management Commission which generally have a natural chloride ion content in excess of 500 parts per million and include all waters assigned S classifications. (57) Toxic substance or toxicant means any substance or combination of substances (including disease-causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring. (58) Trout waters are those waters which have conditions which shall sustain and allow for trout propagation and survival of stocked trout on a year-round basis. These waters shall be classified by the Commission after considering the requirements of Rule .0101(b) and (c) of this Subchapter and include all waters designated by "Tr" in the water classification. (59) Use Restoration Waters (URW) are those waters which have an impaired designated use and have been supplementally classified as URW by the Commission. These waters shall be designated as "URW" in the schedules of stream classifications and shall have individual site-specific management strategies as detailed in separate rules of this Subchapter. f59) (60) Waste disposal includes the use of waters for disposal of sewage, industrial waste or other waste after approved treatment. (66) (61) Water dependent structures are those structures for which the use requires access or proximity to or siting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures. (^ (62) Water quality based effluent limits and best management practices are limitations or best management practices developed by the Division for the purpose of protecting water quality standards and best usage of surface waters consistent with the requirements of G.S. 143-214.1 and the Federal Water Pollution Control Act as amended. (62) (63) Waters with quality higher than the standards means all waters for which the determination of waste load allocations (pursuant to Rule .0206 of this Section) indicates that water quality is sufficiently greater than that defined by the standards such that significant pollutant loading capacity still exists in those waters. (63) (64) Watershed means the entire land area contributing surface drainage to a specific point. For the purpose of the water supply protection rules in 15A NCAC 2B .0104 and .0211 local governments may use major landmarks such as highways or property lines to delineate the outer boundary of the drainage area if these landmarks are immediately adjacent to the ridgeline. (64) (65) Wetlands are "waters" as defined by G.S. 143-212(6) and are areas that are inundated or saturated by an accumulation of surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands classified as waters of the state are restricted to waters of the United States as defined by 33 CFR 328.3 and 40 CFR 230.3. Authority G.S. 143-214.1; 143-215. 3(a)(1). .0230 USE RESTORATION WATERS (a) In addition to existing classifications, the Commission may classify any surface waters of the state as Use Restoration Waters (URW) upon a finding that such waters have a designated best use which has been impaired to the extent that the use has been lost or impaired in a manner that is more than transitory or short-lived. Such finding must be based upon biological, physical or chemical data, or a combination of water quality data, which demonstrate to the maximum extent practical, and to the satisfaction of the Commission, that the causes of use impairment and the sources of the pollution causing the use impairment have been identified and are not transitory in nature. (b) The Commission intends for the URW program to be applied to small watersheds, but URW may include any or all waters within a watershed as the Commission deems necessary to effectively control the causes and sources of use impairment. (c) Descriptions of boundaries of waters classified as URW are included in separate rules of this Subchapter and in the Schedule of Classifications (15A NCAC 2B .0302 11:30 NORTH CAROLINA REGISTER June 16, 1997 2312 PROPOSED RULES through .0317) as specified for the appropriate river basin. The Division of Water Quality shall also maintain maps which describe URW boundaries. (d) Site-specific management strategies shall be developed in coordination with interested stakeholders during the proceedings to classifv waters as URW and shall be specified in separate rules of tliis Subchapter. Stakeholder members shall be representative of land uses and interests in the watershed. (e) Management strategies may include voluntary recommendations, mandator/ requirements, conditional mandatory requirements, or a combination of strategies, deemed necessary by the Commission to restore the designated uses of waters. The actions required by management strategies developed to restore the uses of waters classified as URW shall include voluntary measures, pollution prevention, and source reduction strategies to tlie maximum extent practical and any other strategies within the powers of the Commission. When considering the assignment of this classification, the Commission may specify as a parameter of concern any biological, physical or chemical parameter or combination of parameters which have been identified, to the satisfaction of the Commission, as a cause of use impairment. Management strategies shall control parameters of concern and may include site-specific voluntary or regulatory best management practices for nonpoint sources of pollution, wastewater treatment requirements and limitations for point source discharges. or other waste treatment management practices deemed necessary by the Commission to adequatelv control the causes and sources of water pollution in waters classified as URW. The Commission shall also consider local actions which have been taken to protect or restore a waterbody in determining the appropriate state restoration options. Authority G. S. 143-214.1; 143-214.7; 143-215. 3(a)(1). i { i 2313 NORTH CAROLINA REGISTER June 16, 1997 11:30 APPROVED RULES This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting of May 15. 1997 pursuant to G.S. 150B-21. 17(a)(1) and reported to the Joint Legislative Administrative Procedure Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the rules have been approved by RRC in a form different from that originally noticed in the Register or when no notice was required to be published in the Register. The rules published in full text are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-21. 17. These rules unless otherwise noted, will become effective on the 31st legislative day of the 1998 Short Session of the General Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill receives an unfavorable final action or the day the General Assembly adjourns. Statutory reference: G.S. 150B-21.3. APPROVED RULE CITATION REGISTER CITATION TO THE NOTICE OF TEXT 1 NCAC 30G .0102* 1 NCAC 30G .0104* 2 NCAC 43H .0101 2 NCAC 43L .0202 2 NCAC 43L .0401 - .0403 2 NCAC 43L .0405* 2 NCAC 52B .0212 2 NCAC 52B .0303 2 NCAC 52C .0701 10 NCAC 14V .3402* 10 NCAC 14V .3803* 10 NCAC 14V .5602 10 NCAC 15A .0128 -.0129 10 NCAC 26H .0104* 12 NCAC 04E .0103 12 NCAC 09B .0102* 15A NCAC 03O .0101* Eff. July 1, 1997 11:19 NCR 1414 11:19 NCR 1414 11:22 NCR 1707 11:22 NCR 1707 11:22 NCR 1708- 1709 11:22 NCR 1709 11:22 NCR 1709 11:22 NCR 1710 11:22 NCR 1710 11:24 NCR 1822 11:24 NCR 1823 11:24 NCR 1823 11:24 NCR 1824 11:23 NCR 1781 11:17 NCR 1339 11:20 NCR 1539 not required, G.S. 150B-21. 5(a)(3) TITLE 1 - DEPARTMENT OF ADMINISTRATION CHAPTER 30 - STATE CONSTRUCTION OFFICE SUBCHAPTER 30G - STATE BUILDING COMMISSION PROCEDURES AND CRITERIA FOR AUTHORIZATION TO USE AN ALTERNATIVE CONTRACTING METHOD SECTION .0100 - GENERAL PROVISIONS .0102 POLICY Generally, it is the policy of the SBC that the public's interest is typically best served by the letting of public construction contracts pursuant to the regular statutory procedures, particularly the provisions of G.S. 143-128. Nevertheless, in addition to those situations when a project cannot be completed using the standard methods, the SBC will recognize certain extraordinary circumstances that are appropriate, in the public's interest, and will justify an exemption from the methods of contracting authorized under G.S. 143-128. Such extraordinary circumstances must be created by some unusual or unforeseen occurrence or situation and includes those situations set forth in 1 NCAC 30G .0105(b); any request made for an exemption as a result of such extraordinary circumstance must demonstrate to the SBC that requisite justification exists to obtain the exemption. History Note: Authority G.S. 143-135. 26(9)(b); Temporary Adoption Eff. July 1, 1996; Eff. August 1. 1998. .0104 GENERAL PROCEDURES (a) Application Form - The SBC shall establish a form of application to be used by public owners requesting an exemption, which shall upon request be provided to public owners. A completed application shall contain all of the information necessary to enable the SBC to determine the appropriateness and merits of approving an exemption. 11:30 NORTH CAROLINA REGISTER June 16, 1997 2314 APPROVED RULES (b) Rules for Application - The SBC, upon request, shall provide public owners with a copy of the rules it adopts under the authority of G.S. 143-135.26(9). (c) Review of Application: (1) The public owner shall submit the application to the State Construction Office, Attention: Director, Depanment of Administration, New Education Building, Suite 450, 301 Nonh Wilmington Street, Raleigh, North Carolina 27601-2827. The Director shall review the application upon its receipt. If the Director determines that the application is not complete, he shall return the application to the public owner along with a written notice of the reasons for the return. Despite the return of an application, a public owner may request in writing to the Director that the SBC consider the application as originally submitted, and the notice of return to the public owner shall so state this option. An application shall be considered abandoned if it is returned pursuant to this section, and no further action is taken by the public owner to satisfy the reasons for its return. (2) Completed applications shall be considered within 60 days of receipt by the Director of the completed application. Once scheduled for consideration by the SBC, the public owner shall be given notice of the date, time and location of the SBC meeting at which the application shall be considered. (3) The SBC shall only accept written applications. After due consideration of these applications, the SBC shall take one of the following actions: (A) Delay consideration of the application; (B) Deny the application; or (C) Approve the application. Within five days of the SBC's action upon the application, notice of the same shall be sent to the public owner, and to the Director. Upon a delay of consideration pursuant to Paragraph (a) of this Rule, the SBC shall immediately request from the public owner or other person further information required in order to make a determination, or provide the public owner with notice of the reason for the delay. (d) Approval of an Application - Approval of an application authorizes the public owner to utilize only the alternative contracting method as proposed by the public owner and no other method of contracting. Approval of an application shall be effective for a period to be determined by the SBC but not exceeding 12 months. Standards used by the SBC in determining the effective length of an approval shall include, but not be limited to, the request of the public owner, the experience of the public owner, the SBC and the Director with the approved method, the recommendation of the Director, and the nature of the project. The SBC may extend the effective time period upon good cause shown by the public owner for no more than an additional 12 months. Good cause must be shown by serious reasons including, but not limited to, unforeseen acts or events that delay the project, acts of war or terrorism, unavoidable casualties or other causes beyond the public owner's control. The extension of an effective time period shall run from the last day of the prior effective time period. The effective time period shall run from the date the SBC approves the application. (e) Conflicts of Interest - A member of the SBC is not qualified to vote upon any matter or influence any other member's vote upon any matter in which he has a conflict of interest. A conflict of interest, as related to members of the SBC having an interest in contracts authorized by the SBC, is defined in G.S. 143-135.28, and that definition applies to conflicts of SBC members having an interest in projects for which alternative contracting methods are authorized by the SBC. (f) Public Records - The Director shall maintain a list of applications which states the name of the public owner, the name of the project, the project amount, a brief description of the category for which the exemption is sought, and a record of the SBC's action. Applications, and a record of the SBC's action upon those applications, shall be available for public inspection. Histon Note: Authority G.S. 143-135.26; Temporary Adoption Eff. July 1, 1996; Eff. August 1. 1998. TITLE 2 - DEPARTMENT OF AGRICULTURE CHAPTER 43 - MARKETS SUBCHAPTER 43L - MARKETS SECTION .0400 - FEES: WESTERN NORTH CAROLINA FARMERS MARKET .0405 YEARLY DELIVERY PERMIT Truckers, farmers, or wholesalers making regular deliveries to the Western North Carolina Farmers Market may obtain a delivery permit as follows: all vehicles through 6 wheelers, three hundred dollars (S300.00) per year; all vehicles over 6 wheelers, four hundred dollars (5400.00) per year. These permits shall expire December 3 1 of the year purchased. History Note: Authorit\- G.S. 106-22; 106-530; 106-6. 1; Eff. January 1, 1985; Amended Eff. Mx L 1998: October 1, 1993. TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 2315 NORTH CAROLINA REGISTER June 16, 1997 11:30 APPROVED RULES CHAPTER 14 - MENTAL HEALTH: GENERAL SUBCHAPTER 14V - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES SECTION .3400 - RESIDENTIAL TREATMENT/REHABILITATION FOR INDIVIDUALS WITH SUBSTANCE ABUSE DISORDERS .3402 STAFF (a) Each facility shall have full-time staff as follows: (1) One full-time certified alcoholism, drug abuse or substance abuse counselor for a facility having up to 30 occupied beds, and for every 30 occupied bed incrument or portion thereafter. (2) One full-time qualified alcoholism, drug abuse or substance abuse professional as defined in Paragraphs (14), (17) and (19) of 10 NCAC 14V .0104 for facilities having 11 or more occupied beds, and for every additional occupied 10-bed incrument or portion thereafter. (3) The remaining full-time staff members required by Subparagraph (a)(1) of this Rule may be either qualified alcoholism, drug abuse, or substance abuse counselors. (b) A minimum of one staff member shall be present in the facility when clients are present in the facility. (c) In facilities that serve minors, a minimum of one staff member for each five or fewer minor clients shall be on duty during waking hours when minor clients are present. (d) Any qualified alcoholism, drug abuse or substance abuse professional who is not certified shall become certified by the North Carolina Substance Abuse Professional Certification Board within 26 months from the date of employment, or from the date an unqualified person meets the requirements to be qualified, whichever is later. (e) Each direct care staff member shall receive aimual continuing education to include understanding of the nature of addiction, the withdrawal syndrome, group therapy, and family therapy through in-service training, academic course work, or training approved by the North Carolina Substance Abuse Professional Certification Board. (0 Each direct care staff member in a facility that serves minors shall receive training in youth development and therapeutic techniques in working with youth. (g) Each facility shall have at least one staff member on duty trained in the following areas: (1) alcohol and other drug withdrawal symptoms; and (2) symptoms of secondary complications to alcoholism and drug addiction. History Note: Authority G.S. 122C-26; 1438-1 47; Eff. May 1, 1996; Amended Eff. July 1. 1998. SECTION .3800 - ALCOHOL AND DRUG EDUCATION TRAFFIC SCHOOLS (ADETS) .3803 OPERATIONS (a) Curriculum. School instructors shall follow the requirements in G.S. 122C-142.1. (b) The program of instruction shall consist of not less than ten hours of classroom instruction. (c) Each school may provide up to three additional hours for classroom time and such activities as an initial student assessment, data gathering or a summary conference with students. (d) Class Schedule. Each school shall provide a written notice to each student referred by the court as to the time and location of all classes which the student is scheduled to attend. (e) Each student shall be scheduled to attend the first and the last class sessions in the order prescribed in the curriculum. (f) Classes shall be scheduled to avoid the majority of employment and educational conflicts. (g) Each school shall have a written policy which allows for students to be excused from assigned classes by the instructor provided that the excused absence is made up and does not conflict with Subparagraph (b)(1) of this Rule. (h) No class session shall be scheduled or held for more than three hours excluding breaks on any day or evening. (i) Class Size. Class size shall be limited to a maximum of 35 persons. (j) Requirements contained in 10 NCAC 18F .0300 SUBSTANCE ABUSE ASSESSMENTS FOR INDIVIDUALS CHARGED WITH OR CONVICTED OF DRIVING WHILE IMPAIRED (DWI) shall be followed by anyone who provides DWI assessments. (k) DWI Services Certificates Of Completion. The original copy of the North Carolina Department of Human Resources DWI Services Certificates of Completion shall be forwarded to DMH/DD/SAS for review within two weeks of completion of all services. History Note: Authority G.S. 20-179; 20-179.2; 143B-147; Eff. May 1, 1996; Amended Eff. July 1. 1998. CHAPTER 26 - MEDICAL ASSISTANCE SUBCHAPTER 26H - REIMBURSEMENT PLANS SECTION .0100 - REIMBURSEMENT FOR NURSING FACILITY SERVICES 11:30 NORTH CAROLINA REGISTER June 16, 1997 2316 APPROVED RULES .0104 COST REPORTING: AUDITING AND SETTLEMENTS (a) Each facility that receives payments from the North Carolina Medicaid Program must prepare and submit a report of its costs and other financial information, such as the working trial balance, related to reimbursement annually. The report must include costs from the fiscal period beginning on October 1 and ending on September 30 and must be submitted to the state on or before the December 31 that immediately follows the September 30 year end. A new provider must submit a report for the period beginning with the date of certification and ending on September 30. Hospital based nursing facilities with a fiscal year ending other than September 30 and State operated facilities with a June fiscal year ending must file their cost reports within 90 days after their fiscal year ends. Facilities that fail to file their cost reports by the due date are subject to payment suspension until the repons are filed. The Division of Medical Assistance may extend the deadline 30 days for filing the report if, in its view, good cause e.xists for the delay. A good cause is an action that is uncontrollable by the provider. (b) Cost report format. The cost report must be submitted on forms provided by the Division of Medical Assistance. The account structure for the report is based on the chart of accounts published by the American Healthcare Association in 1979 but amended or modified to the extent necessary to meet the special reimbursement requirements of this plan. The Division of Medical Assistance shall make one copy of the cost report format available to each facility (combination facilities receive only one) on or before July 1 of the reporting year for which the report is to be filed. (c) Cost finding and allocation. Costs must be reported in the cost report in accordance with the following rules and in the order of priority stated. (1) Costs must be reported in accordance with the specific provisions of this plan as set forth in this Rule. (2) Costs must be reported in conformance with the Medicare Provider Reimbursement Manual, HCFA 15. (3) Costs must be reported in conformance with Generally Accepted Accounting Principles. (d) The specific cost reporting guidelines related to this plan are set forth in the following Paragraphs. The state shall publish guidelines, consistent with the provisions of this plan, concerning the proper accounting treatment for items described in this Rule as related operating expenses. A provider may request clarification in writing from the state if there is uncertainty about the proper cost center classification of any particular expense item. (1) Nursing Cost Center includes the cost of nursing staff, medical supplies, and related operating expenses needed to provide nursing care to patients, including medical records (including forms), utilization review, the Medical Director (2) (3) and the Pharmacy Consultant. The amoimt of nursing time provided to each patient must be recorded in order to allocate nursing cost between skilled and intermediate nursing care. Effective October 1, 1996, Direct Patient Care Equipment shall be reported to the Nursing Cost Center and is defined as equipment which meets all of the following tests: (A) Its primary purpose is to enhance the quality, efficiency, or safety of the work of direct patient care personnel; (B) It enables direct patient care personnel to measure patients' physical characteristics or to implement the plans of care (including assistance with activities of daily living) of patients with physical impairments or to promote the safety of patients with cognitive impairments; (C) It is not office or bedroom furniture; and (D) It is not a communications device or computer hardware or software. The Division of Medical Assistance shall make available a non-all-inclusive list of items which may be reported as direct patient care equipment, consistent with the provisions of this Rule. This list may be prospectively modified by the Division of Medical Assistance at any time, based on the preponderance of evidence. Items reported as direct patient care equipment which are not on this list are subject to a case by case review during any audit conducted under Paragraph (e) of this Rule. Providers must demonstrate by a preponderance of evidence that such items meet the definition of direct patient care equipment as stated in this Rule. Providers are required to exercise the prudent buyer principle as set out in HCFA 15 when procuring direct patient care equipment. This provision is applicable to lease or depreciation expense incurred on or after October 1, 1996 regardless of when the equipment was initially leased or acquired. Direct patient care equipment maintenance and repair costs shall be reported in the Operation of Plant and Maintenance Cost Center. All other costs associated with direct patient care equipment shall be reported in the cost centers that would be appropriate if the costs were associated with other equipment. Dietary Cost Center includes the cost of staff, raw food, and supplies needed to prepare and deliver food to patients. Laundry and Linen Cost Center includes the cost of staff, bed linens (replacement mattresses and related operating expenses needed to launder facility-provided items). 2317 NORTH CAROLINA REGISTER June 16, 1997 11:30 APPROVED RULES \ ) ) (4) Housekeeping Cost Center includes the cost of staff and supplies needed to keep the facility clean. (5) Patient Activities Cost Center includes the cost of staff, supplies, and related operating expenses needed to provide appropriate diversionary activities for patients. (6) Social Services includes the cost of social workers and related operating expenses needed to provide necessary social services to patients. (7) Ancillary Cost Center includes the cost of all therapy services covered by the Medicaid program and billable medical supplies. Providers must bill Medicare Part B for those ancillary services covered under the Medicare Part B program. Ancillary cost centers include: Radiology, Laboratory, Physical Therapy, Occupational Therapy, Speech Therapy, Oxygen Therapy, Intravenous Fluids, Billable Medical Supplies, Parenteral/Enteral Therapy and life sustaining equipment, such as oxygen concentrators, respirators, and ventilators and other specifically approved equipment. Effective October 1, 1996, air fluidized beds (e.g. Clinitron beds), low air loss mattresses or beds and alternating pressure mattresses may be recorded in the life sustaining equipment cost center. This program is applicable to lease or depreciation expense incurred on or after October 1, 1996 regardless of when the equipment was initially leased or acquired. Effective October 1, 1994, a separate ancillary cost center shall be established to include costs associated with medically related transportation for facility residents. Medically related transportation costs include the costs of vehicles leased or owned by the facility, payroll costs associated with transporting residents and payments to third parties for providing these services. (8) Administrative and General Cost Center includes all costs needed to administer the facility including the staff costs for the administrator, assistants, billing and secretarial personnel, personnel director and pastoral expenses. It includes the costs of copy machines, dues and subscriptions, transportation, income taxes, legal and accounting fees, start-up, and other administrative costs as set forth in the Chart of Accounts. Interest expense other than that stemming from mortgages or loans to acquire physical plant items shall be reported here. (9) Property Ownership and Use: (A) This cost center includes all allowable costs related to the use of the physical assets including building, fixed equipment and movable equipment, that are required to deliver patient care, except the special equipment, as specified in Subparagraphs (d)(1) or (d)(7) of this Rule. Except for the special equipment noted in Subparagraphs (d)(1) and (d)(7), it includes the following items: (i) all equipment expense regardless of equipment nature, (ii) lease expense for all physical assets, (iii) depreciation of assets utilizing the straight line method, (iv) interest expense of asset related liabilities, (e.g., mortgage expense), (v) property taxes. (B) For the purposes of computing allowable lease expense and for balance sheet presentation for Return on Equity computations (see Rule .0105 of this Section), leases shall not be capitalized. (C) In establishing the allowable cost for depreciation and for interest on capital indebtedness, with respect to an asset which has undergone a change of ownership, the valuation of the asset shall be the lesser of allowable acquisition cost less accumulated depreciation to the first owner of record on or after July 18, 1984 or the acquisition cost to the new owner. Depreciation recapture shall not be performed at sale. The method for establishing the allowable related capital indebtedness shall be as follows: (i) The allowable asset value shall be divided by the actual acquisition cost. (ii) The product computed in step 1 shall be multiplied times the value of any related capital indebtedness. (iii) The result shall be the liability amount upon which interest may be recorded at the rate set forth in the debt instrument or such lower rate as the state may prove is reasonable. The allowable asset and liability values established through the process in this Rule shall be those used in balance sheet presentations for return on equity computation (see Rule .0105 of this Section). These procedures are established to implement the provisions of PL 98-369 Section 2314. (10) Operation of Plant and Maintenance Cost Center includes all costs necessary to operate or maintain the functionality and appearance of the 11:30 NORTH CAROLINA REGISTER June 16, 1997 2318 APPROVED RULES plant. These include: maintenance staff, utilities, repairs and maintenance to all equipment. (11) Equipment Expense. Equipment is defined as an item with a useful life of more than two years and a value greater than five hundred dollars ($500.00). Effective October 1, 1996, Direct Patient Care Equipment depreciation or lease expense incurred on or after October 1, 1996, shall be reported under the Nursing Cost Center, as noted under Subparagraph (d)(1) of this Rule. All other costs associated with direct patient care equipment shall be reported in the cost centers that would be appropriate if the costs were associated with other equipment. Other equipment ownership and use costs shall be reported in the Property Ownership and Use Cost Center. Other equipment maintenance and repair costs shall be reported in the Operation of Plant and Maintenance Cost Center. Other equipment shall not be reported elsewhere. (12) Training Expense. Training expense must be identified in the appropriate benefitting cost center. The costs of training nurse aides must be identified separately and may include the cost of purchasing programs and equipment that have been approved by the State for training or testing. (13) Home Office Costs. Home office costs are generally charged to the Administrative and General Cost Centers. However, persoimel costs which are direct patient care oriented may be allocated to "direct" patient care cost centers if time records are maintained to document the performance of direct patient care services. No Home office overhead may be so allocated. The basis of this allocation among facilities participating in the North Carolina Medicaid program may be: (A) specific time records of work performed at each facility, or (B) patient days in each facility to which the costs apply relative to the total patient days in all the facilities to which the costs apply. (14) Management Fees. Management fees are charged to the Administrative and General Cost Center. However, a portion of a management fee may be allocated to a direct patient care cost center if time records are maintained to document the performance of direct patient care services. The amount so allocated may be equal only to the salary and fringe benefits of persons who are performing direct patient care services while employed by the management company. Records adequate to support these costs must be made available to staff of the Division of Medical Assistance. The basis of this allocation among facilities participating in the North Carolina Medicaid program may be: (A) specific time records of work performed at each facility, or (B) patient days in each facility to which the costs apply relative to the total patient days in all the facilities to which the costs apply. (15) Related Organization Costs. A nursing facility shall demonstrate by convincing evidence to the satisfaction of the Division of Medical Assistance that the costs are reasonable. Reasonable costs of related organizations shall be identified in accordance with direct and indirect cost center categories as follows: (A) Direct Cost; (i) Compensation of direct care staff such as nursing persoimel (aides, orderlies, nurses), food service workers, housekeeping staff and other personnel who would normally be accounted for in a direct cost center, (ii) Supplies and services that would normally be accounted for in a direct cost center. (iii) Capital, rental, maintenance, supplies/repairs and utility costs (gas, water, fuel, electricity) for facilities that are not typically a part of a nursing facility. These facilities might include such items as warehouses, vehicles for delivery and offices which are totally dedicated or clearly exceed the number, size, or complexity required for a normal nursing facility, its home office, or management company. (iv) Compensation of all administrative staff who perform no duties which are related to the nursing facility or its home office and who are neither officers nor owners of the nursing facilities or its home office. (B) Indirect Cost: (i) Capital, rental, maintenance, supplies/repairs, and utility costs which are normally or frequently a part of a nursing facility. This would include, for example, kitchen and laundry facilities. (ii) Except for salary and fringe benefits of Personnel, Accounting and Data Processing staff, home office costs which are allocated by methods 2319 NORTH CAROLINA REGISTER June 16, 1997 11:30 APPROVED RULES approved by the Division of Medical Assistance are direct costs when the work performed is specific to the related organization that provides a direct care service or product to the provider. In determining if an allocation method is appropriate, a case-by-case review shall be made based on the preponderance of evidence. A proposed allocation method shall be denied if the review supports a determination that the associated cost either exceeds the cost of comparable products or services that could be purchased elsewhere or was for services that were not related to direct patient care or services not covered by the North Carolina Medical Assistance program. (iii) Compensation of all administrative staff who perform any duties for the nursing facility or its home office. (iv) All compensation of all officers and owners of the nursing facility or its home office, or parent corporation. A related organization must file a Medicaid Cost Statement (DMA-4083) identifying its costs, adjustments to costs, allocation of costs, equity capital, adjustments to equity capital, and allocations of equity capital along with the nursing facilities cost report. A home office, or parent company, shall be recognized as a related organization. Auditable records to support these costs must be made available to staff of the Division of Medical Assistance and its designated contract auditors. Undocumented costs shall be disallowed. A nursing facility shall demonstrate by convincing evidence to the satisfaction of the Division of Medical Assistance that the criteria in the Medicare Provider Reimbursement Manual, Section 1010, has been met in order to be recognized as an exception to the related organization principle. The related party principle is stated in the Medicare Provider Reimbursement Manual, Section 1010, as follows: Costs applicable to services, facilities, and supplies furnished to the provider by organizations related to the provider by common ownership or control are includable in the allowable cost of the provider at the cost to the related organization. However, such cost must not exceed the price of comparable services, facilities, or supplies that could be purchased elsewhere. The purpose of this principle is two-fold: to avoid the payment of a profit factor to the provider through the related organization (whether related by common ownership or control), and to avoid payment of artificially inflated costs which may be generated from less than arm's length bargaining. When a related organization is deemed an exception; reasonable charges by the related organization to the nursing facility are recognized as allowable costs; receivable/payables from/to the nursing facility and related organization deemed an exception are not adjusted from the nursing facility's balance sheet in computing equity capital. The Medicare Provider Reimbursement Manual is often referred to as the HCFA Publication #15-1 and is hereby incorporated by reference including any subsequent amendments and editions. A copy is available for inspection at the Division of Medical Assistance, 1985 Umstead Drive, Raleigh, North Carolina. Copies may be obtained from the US Department of Commerce, National Technical Information Services, Subscription Department, 5285 Port Royal Road, Springfield, VA 22161 at a cost of one hundred forty seven dollars ($147.00). Purchasing instructions may be received by calling (703) 487-4650. Updates are available for an additional fee. (e) Auditing and Settlement. All filed cost reports must be desk audited and interim reimbursement settlements made in accordance with the provision of this plan. This settlement is issued within 180 days of the date the cost report was filed or within 180 days of December 31 of the fiscal year to which the report applies, whichever is later. The state may elect to perform field audits on any filed cost reports within three years of the date of filing and issue a final settlement on a time schedule that conforms to Federal law and regulation. If the state decides not to field audit a facility a final reimbursement notice may be issued based on the desk audited settlement. The state may reopen and field audit any cost report after the final settlement notice to comply with Federal law and regulation or to enforce laws and regulations prohibiting abuse of the Medicaid Program and particularly the provisions of this reimbursement plan. (f) These changes to the Reimbursement for Nursing Facility Services shall become effective upon the Health Care Financing Administration approved effective date for amendment 96-05. History Note: Filed as a Temporary Amendment Eff. October 1, 1984 for a period of 120 days to expire on January 28, 1985; Filed as an Emergency Amendment [(a), (h)J Eff. April 1, 1978 for a period of 120 days to expire on July 30, 1978; Authority G.S. 108A-25(b); 108A-54; 108A-55; 42 C.F.R. 447, Subpart C; Eff. January 1, 1978; Amended Eff. March 22, 1978; Emergency Amendment [(a), (h)J Expired Eff. July 30, 1978; Amended Eff. August 1^ 1998; June 1, 1995; January 4, 1993; October 1, 1991; December 1, 1988. TITLE 12 - DEPARTMENT OF JUSTICE CHAPTER 9 - CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS 11:30 NORTH CAROLINA REGISTER June 16, 1997 2320 APPROVED RULES SUBCHAPTER 9B - STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT: EDUCATION: AND TRAINING SECTION .0100 - MINIMUM STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT .0102 BACKGROUND INVESTIGATION (a) Any agency contemplating the employment of an applicant as a criminal justice officer shall, prior to employment, complete a background investigation on such applicant. The investigation shall examine the applicant's character traits and habits relevant to performance as a criminal justice officer and shall determine whether the applicant is of good moral character. (b) Prior to the investigation, the applicant shall complete the Commission's Personal History Statement Form to provide a basis for the investigation. (c) The agency shall utilize an investigator with prior experience or training in conducting backgroimd investigations. The investigator shall document the results of the investigation and shall include in the repon of investigation: (1) biographical data; (2) family data; (3) scholastic data; (4) employment data; (5) criminal history data; (6) interviews with the applicant's references; and (7) a summary of the investigator's findings and conclusions regarding the applicant's moral character. (d) For criminal justice officers employed by the Nonh Carolina Department of Correction, the agency may use the method of documenting the results of the backgroimd investigation it deems most appropriate to its needs in accordance with the Commission form. However, the Commission's Mandated Background Investigation Form must be used as a guide of minimum information to be collected and recorded by the investigator for all other criminal justice officer applicants that are regulated by the Commission. (e) Upon written request by the Director of the Standards Division, the employing agency shall provide the Commission with a copy of any backgroimd investigation retained by the agency. History Note: Authority G.S. 17C-6; Eff. January 1, 1981: Amended Eff. August L 1998: July 1. 1989. TITLE ISA - DEPARTMENT OF ENV IRONMENT, HEALTH, AND NATURAL RESOURCES CHAPTER 3 - MARINE nSHERIES SUBCHAPTER 30 - LICENSES, LEASES, AND FRANCHISES SECTION .0100 - LICENSES .0101 LICENSE AGENTS (a) The total number of license agents in the counties which contain or border on coastal fishing waters shall not exceed 43. The license agents authorized for each county as of October 1, 1983, shall be allowed to renew their agency authorization subject to the terms of this Rule. The number of license agents for coastal fishing waters counties is three agents for Carteret, Dare, New Hanover and Onslow counties; two agents for Beaufort, Brunswick and Craven counties; and one agent for the remaining counties. (b) In the selection of license agents, the Secretary shall consider the following requirements: (1) Willingness to attend aimual training seminars conducted at the Division field offices; (2) Demonstrated ability, either through past performance or through present capabilities, to maintain an accurate accounting of licenses and funds received from the sale of licenses; and (3) That no two license agents be located within a 10 mile radius. (c) License agents appointed after October 1, 1983, shall receive a temporary appointment for a six month period. The Secretary shall review the appointment and determine whether the appointment should continue on the same terms applicable to other license agents. (d) It is unlawful for a Division appointed license agent or any other person who is acting in such agent's behalf to: (1) withhold or misappropriate funds from the sale of licenses; (2) falsify records of licenses sold; (3) willfully and knowingly assist or allow a person to obtain a license for which he is ineligible; (4) willfully issue a backdated license; (5) willfully on records or licenses to include false information or omit material information as to: (A) a person's entitlement to a particular license; or (B) the applicability or term of a particular license; (6) refuse to return all consigned licenses, or to remit the net value of consigned licenses sold or unaccounted for upon demand from an authorized employee of the Division. (e) The Secretary may temporarily suspend, revoke, or refuse to renew a person's appointment as a license agent if he or his employees fail in a timely maimer to submit required reports, remit monies due the Division, or otherwise comply with qualifications and standards set by the Division of Marine Fisheries. Any appeal of the Secretary's decision to temporarily suspend, revoke or refuse to renew an appointment of a license agent shall be 2321 NORTH CAROLINA REGISTER June 16, 1997 11:30 APPROVED RULES ^ conducted pursuant to the process set out in 15A NCAC 3P .0102. History Note: Authority G.S. 113-134; 113-151.1; 143B-289.4; Eff. January 1, 1991; Amended Eff. Mx L 1997; March 1, 1994. I 11:30 NORTH CAROLINA REGISTER June 16, 1997 2322 RULES REVIEW COMMISSION 1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. June 19. 1997. 10:00 a.m. . at 1307 Glemvood Ave.. Assembly Room. Raleigh, NC. Anyone wishing to submit written comment on any rule before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners by Monday. June 16. 1997. gi 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Revie^v Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours prior to the meeting. i RULES REVIEW CONEVDSSION MEMBERS Appointed by Senate Philip O. Redwine - Chairman Vemice B. Howard Teresa L. Smallwood Charles H. Henry Appointed by House Bill Graham - Vice Chairman James Mallory, III Paul Powell Anita White RULES REVIEW COMMISSION MEETING DATES July 17, 1997 August 21, 1997 September 18, 1997 October 16, 1997 November 20, 1997 MEETING DATE: JUNE 19, 1997 LOG OF FILINGS RLXES SUBMITTED: APRIL 20, 1997 THROUGH MAY 20, 1997 AGENCY/DIVISION RULE NAME RULE ACTION COMMERCE/NC STATE PORTS AUTHORITY Identifying Information 4NCAC 13A .0101 Repeal Functions 4 NCAC 13A .0102 Repeal Administration of the Authority 4 NCAC 13A .0105 Repeal Execution of Contracts 4 NCAC 13A .0202 Repeal Real Property and Construction 4 NCAC 13A ,0203 Repeal Vending Services 4 NCAC 13A .0204 Repeal Laws and Rules Governing 4 NCAC 13B .0001 Repeal Purchases Exceeding S5,000 4 NCAC 13B .0002 Repeal Purchases Not Exceeding S5,000 4 NCAC 13B .0003 Repeal Purchases Not Exceeding S5,000 4 NCAC 13B .0004 Repeal Purchases Not Exceeding 55,000 4 NCAC 13B ,0005 Repeal Lease of Southport Boat Harbor 4 NCAC 13C .0001 Repeal Publication of Port Charges Tariff 4 NCAC 13D .0101 Repeal Title 4 NCAC 13E .0101 Repeal Adoption 4 NCAC 13E .0102 Repeal Ordination 4 NCAC 13E ,0103 Repeal Statutorv Definitions 4 NCAC 13E .0201 Repeal Definitions 4 NCAC 13E .0202 Repeal Duties of Police Departments 4 NCAC 13E .0301 Repeal Duties of Port Managers 4 NCAC 13E .0302 Repeal Enforcement bv Police Officers 4 NCAC 13E ,0401 Repeal Direction of Traffic 4 NCAC 13E ,0402 Repeal Operation of Emergency Vehicle 4 NCAC 13E .0403 Repeal Right of Way 4 NCAC 13E ,0404 Repeal 2323 NORTH CAROLINA REGISTER June 16, 1997 11:30 i RULES REVIEW COMMISSION \ Collisions 4NCAC 13E .0405 Repeal Placement and Maintenance 4 NCAC 13E .0501 Repeal Standards and Specifications 4 NCAC 13E .0502 Repeal Speed Limits 4 NCAC 13E .0601 Repeal Vehicles with Lugs 4 NCAC 13E .0602 Repeal Erection of Traffic Control Signs 4 NCAC 13E .0603 Repeal Smoking Restrictions 4 NCAC 13E .0701 Repeal Fire Arms Prohibited 4 NCAC 13E .0702 Repeal Penalties Upon Conviction 4 NCAC 13E .0801 Repeal Registration 4 NCAC 13E .0803 Repeal Wilmington Ordinance Schedules 4 NCAC 13E .0901 Repeal Morehead City Ordinance Schedules 4 NCAC 13E .0902 Repeal General 4 NCAC 13F .0301 Repeal Personnel Questions 4 NCAC 13F .0302 Repeal DEPARTMENT OF INSURANCE Officers 11 NCAC 8 .1001 Adopt Meetings 11 NCAC 8 .1002 Adopt Persons and Practices 11 NCAC 8 .1003 Adopt Equivalent Experience 11 NCAC 8 .1004 Adopt Reciprocity 11 NCAC 8 .1005 Adopt Net Assets 1 1 NCAC 8 . 1006 Adopt Examination 11 NCAC 8 .1007 Adopt Applications for Licenses 11 NCAC 8 .1008 Adopt Display of License 11 NCAC 8 .1009 Adopt Appeals of Denials 11 NCAC 8 .1010 Adopt Fee Schedule 11 NCAC 8 .1011 Adopt Definitions 11 NCAC 8 .1101 Adopt Standards of Practice 11 NCAC 8 .1102 Adopt Purpose and Scope 11 NCAC 8 .1103 Adopt General Limitations 11 NCAC 8 .1104 Adopt General Exclusions 1 1 NCAC 8 . 1 105 Adopt Structural Components 11 NCAC 8 .1106 Adopt Exterior 11 NCAC 8 .1107 Adopt Roofing 11 NCAC 8 .1108 Adopt Plumbing 11 NCAC 8 .1109 Adopt Electrical 11 NCAC 8 .1110 Adopt Heating 11 NCAC 8 .1111 Adopt Central Air Conditioning 11 NCAC 8 .1112 Adopt Interiors 11 NCAC 8 .1113 Adopt Insulation and Ventilation 11 NCAC 8 .1114 Adopt Built-in Kitchen Appliances 11 NCAC 8 .1115 Adopt Code of Ethics 11 NCAC 8 .1116 Adopt Definitions 11 NCAC 8. 1201 Adopt Complaints 11 NCAC 8 .1202 Adopt Board Staff 11 NCAC 8 .1203 Adopt Investigation 11 NCAC 8 .1204 Adopt Disciplinary Hearing 11 NCAC 8 .1205 Adopt Presiding Officer 11 NCAC 8 .1206 Adopt Prehearing Conference 11 NCAC 8 .1207 Adopt Consent Agreement 11 NCAC 8 .1208 Adopt Final Board Order 11 NCAC 8 .1209 Adopt ) JUSTICE/NC ALARM SYSTEMS LICENSEVG BOARD Experience Requirements 12 NCAC 1 1 .0202 Amend 11:30 NORTH CAROLINA REGISTER June 16, 1997 2324 RULES REVIEW COMMISSION NC PSYCHOLOGY BOARD Psychological Associate 21 NCAC54 .1802 Amend Licensed Psychologist 21 NCAC 54. 1803 Amend Supervisor 21 NCAC 54 .2001 Amend Nature of Supervision 21 NCAC 54 .2002 Amend Contracting and Reporting 21 NCAC 54 .2003 Repeal Time Requirements 21 NCAC 54 .2004 Repeal Alternate Supervision 21 NCAC 54 .2005 Amend Applicants 21 NCAC 54 .2007 Amend Psychological Associate 21 NCAC 54 .2008 Adopt Licensed Psychologist 21 NCAC 54 .2009 Adopt RULES REVIEW OBJECTIONS ADMINISTRATION State Construction 1 NCAC JOG .0102 - Policy No Response from Agency Agency Revised Rule 1 NCAC JOG .0104- General Procedures No Response from Agency Agency Revised Rule RRC Objection 0J/20/97 04/17/97 Obj. Removed 05/15/97 RRC Objection OJ/20/97 04/17/97 Obj. Removed 05/15/97 AGRICULTURE 2 NCAC 4JF .OOOJ - Standards for Receptacles: Labeling: Etc. (Recodified to .OlOJ) RRC Objection 05/15/97 2 NCAC 4JH . 0007 - Special Requirements (Recodified to . 0107) RRC Objection 05/15/97 ENVIRONMENT, HEALTH, AND NATURAL RESOURCES Marine Fisheries ISA NCAC JO .0101 - License Agents Agency Revised Rule RRC Objection Obj. Removed 04/17/97 05/15/97 HUMAN RESOURCES Child Day Care Commission 10 NCAC JU .0707 - In-Senice Training Requirements Agency Revised Rule RRC Objection Obj. Removed OJ/20/97 04/17/97 Facility Services 10 NCAC JR .JOJJ - Open Heart Surgery Sen-ices Need Determinations (Rev. Cat. H) RRC Objection Obj. Cont'd Obj. Cont'd 01/16/97 02/20/97 OJ/20/97 Medical Assistance lONCAC 26B .OllJ - Case Mgmt Svcs/Adults/Children/at Risk/Abuse/Neglect/Exploitation Returned to Agency for Failure to Comply with APA 04/17/97 INSURANCE 11 NCAC 12 .1702- Viatical Settlement Providers Agency Revised Rule RRC Objection Obj. Removed OJ/20/97 04/17/97 2325 NORTH CAROLINA REGISTER June 16, 1997 11:30 RULES REVIEW COMMISSION DEPARTMENT OF JUSTICE ) Criminal Justice Education & Training Standards Commission 12 NCAC 9B .0102 - Background Investigation Agency Revised Rule RRC Objection Obj. Removed 04/17/97 05/15/97 BOARD OF NURSING 21 NCAC 36 .0320 - Students Agency Revised Rule RRC Objection Obj. Removed 03/20/97 04/17/97 BOARD OF PHARMACY ) 21 NCAC 46 .1317- Definitions RRC Objection 03/20/97 Agency Revised Rule Obj. Removed 04/17/97 21 NCAC 46 . 1410 - Personnel RRC Objection 03/20/97 Agency Revised Rule Obj. Removed 04/17/97 21 NCAC 46 .1411 - Responsibilities of the Pharmacist-Manager RRC Objection 03/20/97 Agency Revised Rule Obj. Removed 04/17/97 21 NCAC 46 .1412 - Physica
Object Description
Description
Title | North Carolina register |
Date | 1997-06-16 |
Description | Vol. 11, issue 30 (June 16, 1997) |
Publisher | Raleigh, N.C. : Office of Administrative Hearings |
Digital Characteristics-A | 110 p.; 5.8 MB |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_ncregister19970616.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_serial_ncregister\images_master |
Full Text |
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NORTH CAROLINA
REGISTER
VOLUME 11 • ISSUE 30 • Pages 2296 - 2345
June 16, 1997
IN THIS ISSUE
NPDES Permit
Public Notice - Water Resources
Voting Rights Letter
Adifllttistration
Agriculture
Environment, Health, and Natural Resources
Human Resources
Justice
Rules Review Commission
Contested Case Decisions
PUBLISHED BY
The Office ofAdministrative Hearings
Rules Division
PO Drawer 27447
Raleigh, NC2 7611- 7447
Telephone (919) 733-2678
Fax (919) 733-3462
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
i
NORTH CAROLINA
REGISTER
IN THIS ISSUE
I. B»4 ADDITION
Environment, Health, and Natural Resources
Environmental Management - NPDES Permit
Water Resources - Public Notice
Voting Rights Letter
n.
2296
2297 - 2298
2299
RULE-MAKING PROCEEDINGS
Human Resources
Secretary of Human Resources . .
Justice
NC Alarm System Licensing Board
2300
2300
Volume 11, Issue 30
Pages 2296 - 2345
June 16, 1997
This issue contains documents officially filed
through May 23, 1997.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
PO Drawer 27447
Raleigh, NC 27611-7447
(919)733-2678
FAX (919) 733-3462
Julian Mann III, Director
James R. Scarcella Sr., Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Jean Shirley, Editorial Assistant
Linda Richardson, Editorial Assistant
ffl. PROPOSED RULES
Environment, Health, and Natural Resources
Environmental Management Commission 2303 - 2313
Human Resources
Social Services Commission 2301 - 2303
rV. APPROVED RULES 2314 - 2322
Administration
State Construction Office
Agriculture
Markets
Veterinary Division
Environment, Health, and Natural Resources
Marine Fisheries
Human Resources
Medical Assistance
Mental Health: General
Mental Health: Hospitals
Justice
Criminal Information, Division of
Criminal Justice Education & Training Standards
V. RULES REVIEW COMMISSION 2323 - 2326
VI. CONTESTED CASE DECISIONS
Index to AU Decisions 2327 - 2344
VU. CUMULATIVE INDEX 1-50
Digitized by the Internet Archive
in 2011 with funding from
University of North Carolina at Chapel Hill
http://www.archive.org/details/northcarolinareg1130nort
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