15A N.C. Admin. Code 13C.0205
Current through Register Vol. 39, No. 9, November 1, 2024
Section 13C .0205 - DIRECT CONTACT(a) A direct contact score shall be determined by adding the score for residential population determined in Paragraph (b), and the score for nearby population determined in Paragraph (c), and dividing the result by 18.(b) A score for residential population shall be determined by multiplying the value for toxicity assigned in Subparagraph (b)(1) by the value for targets assigned in Subparagraph (b)(2). (1) A value for toxicity shall be assigned by multiplying by three the value for toxicity as assigned in Rule .0202(d)(1) of this Section.(2) A value for residential targets shall be assigned by adding the value for high risk population assigned in Subparagraph (b)(2)(A) and the value for total resident population assigned in Subparagraph (b)(2)(B) and the value for sensitive environment assigned in Subparagraph (b)(2)(C), with a maximum value of 100. In order to evaluate residential targets, there must be confirmed contamination within the property boundaries of a residence or school or day-care center, or within the boundaries of a sensitive environment. (A) A value for high risk population shall be assigned by multiplying the resident children, age six and under, by eight.(B) A value for total resident population shall be assigned by multiplying the total resident population by two.(C) A value for sensitive environments shall be assigned using Table 10. Table 10
Sensitive Environment | Assigned Value |
Critical habitat for federally designated endangered or threatened species | 25 |
National park | 25 |
Designated federal wilderness area habitat known to be used by federally designated (or proposed) threatened or endangered species | 20 |
National preserve | 20 |
National or State wildlife refuge | 20 |
Federal land designated for protection of natural ecosystems | 20 |
Administration proposed federal wilderness area | 20 |
Habitat known to be used by State-designated endangered or threatened species | 15 |
Habitat known to be used by species under review as to its federally designated threatened and endangered status | 15 |
State lands designated for wildlife or game management | 10 |
(c) A score for nearby population shall be determined by multiplying the value for likelihood of exposure assigned in Subparagraph (c)(1) by the value for toxicity assigned in Subparagraph (c)(2) and multiplying that result by the value for nearby targets assigned in Subparagraph (c)(3). The nearby population consists of individuals who live or go to school within one mile of an area containing contaminated soils or wastes.(1) A value for likelihood of exposure shall be assigned by using the area of contamination value assigned in Table 11 and the accessibility/frequency of use value assigned in Table 12 to arrive at the value assigned in Table 13. Table 11
Total Area of Contamination | Assigned Value |
No contamination | 0 |
< 1 acre | 25 |
> 1 acre to 5 acres | 50 |
> 5 acres to 10 acres | 75 |
> 10 acres | 100 |
Table 12
Accessibility/Frequency of Use | Assigned Value |
Observed contamination on residential property or on property of a park, playground, school, or other area designated for use by the public. | 100 |
Observed contamination on land with no continuous barrier to entry, a barrier that has been breached; or land where there are clear indications of human activity (i.e., footprints). | 75 |
Observed contamination on land either protected by a continuous and effective barriers to entry, or monitored by 24-hour surveillance. | 50 |
Observed contamination on land protected by a continuous and effective barrier to entry and 24-hour surveillance. | 25 |
Presence of an artificial barrier and a natural barrier that combine to restrict access to hazardous substances by completely surrounding the facility; and a means to control entry, at all times, through gates or other entrances to the facility. | 5 |
(2) A value for toxicity shall be assigned by multiplying by three the value for toxicity as assigned in Rule .0202(d)(1) of this Section.(3) A value for nearby targets shall be assigned by multiplying the population within 1/2 mile of the site by 0.1, and adding the result of multiplying 0.05 by the population between 1/2 and 1 mile of the site, with a maximum total value of 100. Table 13
Area of Contamination Value | Accessibility/Frequency of Use Value |
100 | 75 | 50 | 25 | 5 |
100 | 1 | 1 | 0.75 | 0.5 | 0.25 |
75 | 1 | 0.75 | 0.5 | 0.25 | 0.1 |
50 | 0.75 | 0.5 | 0.25 | 0.1 | 0 |
25 | 0.5 | 0.25 | 0.1 | 0 | 0 |
No Confirmed Contamination | 0 | 0 | 0 | 0 | 0 |
15A N.C. Admin. Code 13C .0205
Authority G.S. 130A-310.2; 130A-310.12;
Eff. June 1, 1989;
Amended Eff. September 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017.Authority G.S. 130A-310.2; 130A-310.12;
Eff. 6/1/1989;
Amended Eff. 9/1/1990.