State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-215_8B

§ 143‑215.8B. Basinwide water quality management plans.

(a)        The Commission shall develop and implement a basinwide waterquality management plan for each of the 17 major river basins in the State. Indeveloping and implementing each plan, the Commission shall consider thecumulative impacts of all of the following:

(1)        All activities across a river basin and all point sourcesand nonpoint sources of pollutants, including municipal wastewater facilities,industrial wastewater systems, septic tank systems, stormwater managementsystems, golf courses, farms that use fertilizers and pesticides for crops,public and commercial lawns and gardens, atmospheric deposition, and animaloperations.

(2)        All transfers into and from a river basin that are requiredto be registered under G.S 143‑215.22H.

(b)        Each basinwide water quality management plan shall:

(1)        Provide that all point sources and nonpoint sources ofpollutants jointly share the responsibility of reducing the pollutants in theState's waters in a fair, reasonable, and proportionate manner, using computermodeling and the best science and technology reasonably available andconsidering future anticipated population growth and economic development.

(2)        If any of the waters located within the river basin are designatedas nutrient sensitive waters, then the basinwide water quality management planshall establish a goal to reduce the average annual mass load of nutrients thatare delivered to surface waters within the river basin from point and nonpointsources. The Commission shall establish a nutrient reduction goal for thenutrient or nutrients of concern that will result in improvements to waterquality such that the designated uses of the water, as provided in theclassification of the water under G.S. 143‑214.1(d), are not impaired.The plan shall require that incremental progress toward achieving the goal bedemonstrated each year. The Commission shall develop a five‑year plan toachieve the goal. In developing the plan, the Commission shall determine and allowappropriate credit toward achieving the goal for reductions of water pollutionby point and nonpoint sources through voluntary measures.

(c)        The Commission shall review and revise its 17 basinwidewater quality management plans at least every five years to reflect changes inwater quality, improvements in modeling methods, improvements in wastewatertreatment technology, and advances in scientific knowledge and, as need tosupport designated uses of water, modifications to management strategies.

(d)        The Commission and the Department shall each report on orbefore 1 October of each year on an annual basis to the Environmental ReviewCommission on the progress in developing and implementing basinwide waterquality management plans and on increasing public involvement and publiceducation in connection with basinwide water quality management planning. Thereport to the Environmental Review Commission by the Department shall include awritten statement as to all concentrations of heavy metals and other pollutantsin the surface waters of the State that are identified in the course ofpreparing or revising the basinwide water quality management plans.

(e)        A basinwide water quality management plan is not a rule andArticle 2A of Chapter 150B of the General Statutes does not apply to thedevelopment of basinwide water quality management plans. Any water qualitystandard or classification and any requirement or limitation of generalapplicability that implements a basinwide water quality management plan is arule and must be adopted as provided in Article 2A of Chapter 150B of theGeneral Statutes. (1997‑458, s.8.2; 1998‑168, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-215_8B

§ 143‑215.8B. Basinwide water quality management plans.

(a)        The Commission shall develop and implement a basinwide waterquality management plan for each of the 17 major river basins in the State. Indeveloping and implementing each plan, the Commission shall consider thecumulative impacts of all of the following:

(1)        All activities across a river basin and all point sourcesand nonpoint sources of pollutants, including municipal wastewater facilities,industrial wastewater systems, septic tank systems, stormwater managementsystems, golf courses, farms that use fertilizers and pesticides for crops,public and commercial lawns and gardens, atmospheric deposition, and animaloperations.

(2)        All transfers into and from a river basin that are requiredto be registered under G.S 143‑215.22H.

(b)        Each basinwide water quality management plan shall:

(1)        Provide that all point sources and nonpoint sources ofpollutants jointly share the responsibility of reducing the pollutants in theState's waters in a fair, reasonable, and proportionate manner, using computermodeling and the best science and technology reasonably available andconsidering future anticipated population growth and economic development.

(2)        If any of the waters located within the river basin are designatedas nutrient sensitive waters, then the basinwide water quality management planshall establish a goal to reduce the average annual mass load of nutrients thatare delivered to surface waters within the river basin from point and nonpointsources. The Commission shall establish a nutrient reduction goal for thenutrient or nutrients of concern that will result in improvements to waterquality such that the designated uses of the water, as provided in theclassification of the water under G.S. 143‑214.1(d), are not impaired.The plan shall require that incremental progress toward achieving the goal bedemonstrated each year. The Commission shall develop a five‑year plan toachieve the goal. In developing the plan, the Commission shall determine and allowappropriate credit toward achieving the goal for reductions of water pollutionby point and nonpoint sources through voluntary measures.

(c)        The Commission shall review and revise its 17 basinwidewater quality management plans at least every five years to reflect changes inwater quality, improvements in modeling methods, improvements in wastewatertreatment technology, and advances in scientific knowledge and, as need tosupport designated uses of water, modifications to management strategies.

(d)        The Commission and the Department shall each report on orbefore 1 October of each year on an annual basis to the Environmental ReviewCommission on the progress in developing and implementing basinwide waterquality management plans and on increasing public involvement and publiceducation in connection with basinwide water quality management planning. Thereport to the Environmental Review Commission by the Department shall include awritten statement as to all concentrations of heavy metals and other pollutantsin the surface waters of the State that are identified in the course ofpreparing or revising the basinwide water quality management plans.

(e)        A basinwide water quality management plan is not a rule andArticle 2A of Chapter 150B of the General Statutes does not apply to thedevelopment of basinwide water quality management plans. Any water qualitystandard or classification and any requirement or limitation of generalapplicability that implements a basinwide water quality management plan is arule and must be adopted as provided in Article 2A of Chapter 150B of theGeneral Statutes. (1997‑458, s.8.2; 1998‑168, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-215_8B

§ 143‑215.8B. Basinwide water quality management plans.

(a)        The Commission shall develop and implement a basinwide waterquality management plan for each of the 17 major river basins in the State. Indeveloping and implementing each plan, the Commission shall consider thecumulative impacts of all of the following:

(1)        All activities across a river basin and all point sourcesand nonpoint sources of pollutants, including municipal wastewater facilities,industrial wastewater systems, septic tank systems, stormwater managementsystems, golf courses, farms that use fertilizers and pesticides for crops,public and commercial lawns and gardens, atmospheric deposition, and animaloperations.

(2)        All transfers into and from a river basin that are requiredto be registered under G.S 143‑215.22H.

(b)        Each basinwide water quality management plan shall:

(1)        Provide that all point sources and nonpoint sources ofpollutants jointly share the responsibility of reducing the pollutants in theState's waters in a fair, reasonable, and proportionate manner, using computermodeling and the best science and technology reasonably available andconsidering future anticipated population growth and economic development.

(2)        If any of the waters located within the river basin are designatedas nutrient sensitive waters, then the basinwide water quality management planshall establish a goal to reduce the average annual mass load of nutrients thatare delivered to surface waters within the river basin from point and nonpointsources. The Commission shall establish a nutrient reduction goal for thenutrient or nutrients of concern that will result in improvements to waterquality such that the designated uses of the water, as provided in theclassification of the water under G.S. 143‑214.1(d), are not impaired.The plan shall require that incremental progress toward achieving the goal bedemonstrated each year. The Commission shall develop a five‑year plan toachieve the goal. In developing the plan, the Commission shall determine and allowappropriate credit toward achieving the goal for reductions of water pollutionby point and nonpoint sources through voluntary measures.

(c)        The Commission shall review and revise its 17 basinwidewater quality management plans at least every five years to reflect changes inwater quality, improvements in modeling methods, improvements in wastewatertreatment technology, and advances in scientific knowledge and, as need tosupport designated uses of water, modifications to management strategies.

(d)        The Commission and the Department shall each report on orbefore 1 October of each year on an annual basis to the Environmental ReviewCommission on the progress in developing and implementing basinwide waterquality management plans and on increasing public involvement and publiceducation in connection with basinwide water quality management planning. Thereport to the Environmental Review Commission by the Department shall include awritten statement as to all concentrations of heavy metals and other pollutantsin the surface waters of the State that are identified in the course ofpreparing or revising the basinwide water quality management plans.

(e)        A basinwide water quality management plan is not a rule andArticle 2A of Chapter 150B of the General Statutes does not apply to thedevelopment of basinwide water quality management plans. Any water qualitystandard or classification and any requirement or limitation of generalapplicability that implements a basinwide water quality management plan is arule and must be adopted as provided in Article 2A of Chapter 150B of theGeneral Statutes. (1997‑458, s.8.2; 1998‑168, s. 2.)