North Carolina register, April 1986 - June 1998

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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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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