15A NCAC 02L .0104. RESTRICTED DESIGNATION (RS)

(a)  The RS designation serves as a warning that groundwater so designated may not be suitable for use as a drinking water supply without treatment.  The designation is temporary and will be removed by the Director upon a determination that the quality of the groundwater so designated has been restored to the level of the applicable standards or when the groundwaters have been reclassified by the Commission.  The Director is authorized to designate GA or GSA groundwaters as RS under any of the following circumstances:

(1)           Where, as a result of man's activities, groundwaters have been contaminated and the Director has approved a corrective action plan, or termination of corrective action, that will not result in the immediate restoration of such groundwaters to the standards established under this Subchapter.

(2)           Where a statutory variance has been granted as provided in Rule .0113 of this Subchapter.

(b)  Groundwaters occurring within an area defined by a compliance boundary in a waste disposal permit are deemed to be designated RS.

(c)  The boundary of a designated RS area may be approximated in the absence of analytical data sufficient to define the dimension of the area.  The boundary shall be located at least 250 feet away from the predicted edge of the contaminant plume, and shall include any areas into which the contamination is expected to migrate.

(d)  In areas designated RS, the person responsible for groundwater contamination shall establish and implement a groundwater monitoring system sufficient to detect changes in groundwater quality within the RS designated area.  Monitoring shall be quarterly for the first year and may be reduced to semi‑annually thereafter until the applicable standards have been achieved.  If during the monitoring period, contaminant concentrations increase, additional remedial action or monitoring pursuant to these Rules may be required.

(e)  The applicant for an RS designation shall also provide written verification that all property owners within and adjacent to the proposed RS area have been notified of the requested RS designation.

(f)  The Division shall provide public notice of the intent to designate any groundwater RS in accordance with the following requirements:

(1)           Notice shall be published at least 30 days prior to any proposed final action in accordance with G.S. 143‑215.4.  In addition, notice shall be provided to all property owners identified pursuant to Paragraph (e) of this Rule and to the local County Health Director and the chief administrative officer of the political jurisdiction(s) in which the contamination occurs.

(2)           The notice shall contain the following information:

(A)          name, address, and phone number of the agency issuing the public notice;

(B)          the location and extent of the designated area;

(C)          the county title number, county tax identification number, or the property tax book and page identifiers;

(D)          a brief description of the action or actions which resulted in the degradation of groundwater in the area;

(E)           actions or intended actions taken to restore groundwater quality;

(F)           the significance of the RS designation;

(G)          conditions applicable to removal of the RS designation;

(H)          address and phone number of a Division contact from whom interested parties may obtain further information.

(3)           The Director shall consider all requests for a public hearing, and if he determines that there is significant public interest he shall issue public notice and hold a public hearing in accordance with G.S 143‑215.4(b) and Rule .0113(e) of this Section.

(4)           These requirements shall not apply to groundwaters defined in Paragraph (b) of this Rule.

 

History Note:        Authority G.S. 143‑214.1; 143‑215.3(a)(1); 143B‑282(2);

Eff. June 10, 1979;

Amended Eff. October 1, 1993; December 1, 1989; August 1, 1989; December 30, 1983.