15A N.C. Admin. Code 18A.3105

Current through Register Vol. 39, No. 12, December 1, 2024

Section 18A .3105 - LEAD POISONING HAZARD AND CLEARANCE STANDARD FOR SOIL

(a) Bare soil at a residential housing unit or a child-occupied facility is a lead poisoning hazard when:

(1) it contains greater than 400 parts per million lead in high contact areas for children; or

(2) except as specified in Subparagraph (a)(1) of this Rule, it contains 1200 parts per million lead or greater in other locations at a residential housing unit or a child-occupied facility.

(b) Unless other remediation is determined by the Department to be necessary to protect the public health based on site-specific evidence including soil lead bioavailability, soil lead speciation, soil particle size, land use and condition, or epidemiologic data, all remediation plans pursuant to G.S. 130A-131.9C shall require that bare soil lead concentrations greater than 400 parts per million at a residential housing unit or a child-occupied facility in high contact areas for children or bare soil areas containing 1200 parts per million lead or greater in other locations at a residential housing unit or a child-occupied facility be:

(1) covered with four to six inches of gravel or mulch that shall be maintained and replaced as often as necessary to ensure there is four to six inches of cover;

(2) covered with sod or other vegetative cover that shall be maintained and replaced as often as necessary to ensure there is sod or other vegetative cover;

(3) physically restricted by a permanent barrier;

(4) removed; or

(5) paved over with concrete or asphalt.

15A N.C. Admin. Code 18A .3105

Authority G.S. 130A-131.5; 130A-131.7;
Eff. October 1, 1990;
Transferred and Recodified from 15A NCAC 19I .0105 Eff. August 28, 1991;
Transferred and Recodified from 15A NCAC 21E .0405 Eff. February 18, 1992;
Amended Eff. August 1, 1996; January 1, 1995;
Temporary Amendment Eff. November 21, 1997;
Amended Eff. April 1, 1999;
Readopted Eff. April 1, 2021.

Authority G.S. 130A-131.5; 130A-131.7; 130A-131.8; 130A-131.9A -G;
Eff. 10/1/1990;
Transferred and Recodified from 15A NCAC 19I .0105 Eff. 8/28/1991;
Transferred and Recodified from 15A NCAC 21E .0405 Eff. 2/18/1992;
Amended Eff. 8/1/1996; January 1, 1995;
Temporary Amendment Eff. 11/21/1997;
Amended Eff. 4/1/1999.