The following terms as used in this Section shall have the assigned meaning:

(1) "Approved Procedure" means an analytical procedure developed by the State Laboratory based upon 40 CFR 136.3 and subject to G.S. 143, Article 21, Part 1. A link to the approved procedures can be found at https://deq.nc.gov/about/divisions/water-resources/water-resources-data/water-sciences-home-page/aquatic-toxicology-branch/downloads.

(2) "Aquatic population survey and analysis" means field sampling, laboratory identification, analysis, and metric derivation for determining biological integrity, as defined in 15A NCAC 02B .0202 for fish, aquatic macroinvertebrates, phytoplankton, and aquatic macrophytes using methods developed in accordance with 15A NCAC 02B .0103(b).

(3) "Certification" means a declaration by the Division that personnel, equipment, records, quality control procedures, and methodology cited by the applicant complies with the rules in this Section.

(4) "Commercial Laboratory" means any laboratory, including its employees and agents, that analyzes, for others, wastewater samples for toxicity measurements or for their impacts on the receiving waters.

(5) "Decertification" means the loss of certification.

(6) "Director" means the Director of the North Carolina Division of Water Resources.

(7) "Division" means the North Carolina Division of Water Resources.

(8) "Falsified data or information" means data or information that, whether by intent, or disregard for accuracy, has been altered, fabricated, recorded falsely or mischaracterized by omission or substitution.

(9) "Industrial Laboratory" means a laboratory, including its employees and agents, operated by an industrial facility to analyze samples from its wastewater treatment plants for toxicity measurements or impacts to receiving waters or to conduct aquatic population surveys and analysis.

(10) "Proficiency Testing sample" means a performance evaluation sample provided by the State Laboratory or a State Laboratory-approved vendor as defined in 15A NCAC 02H .0803(38), located at https://nelac-institute.org/content/NEPTP/ptproviders.php to a commercial, industrial, or public laboratory as an unknown toxicant for measurement of toxicity, as an unknown analyte for measurement by laboratory equipment or wet chemistry methods, or as an unknown set of preserved organisms for identification to specified levels of taxonomic classification.

(11) "Public Laboratory" means a laboratory, including its employees and agents, operated by a municipality, county, water and sewer authority, sanitary district, metropolitan sewerage district, or State or federal installation to analyze samples from its wastewater treatment plant(s) for toxicity measurements or resultant impacts to receiving waters.

(12) "Split samples" for surface water effluent discharge, surface water, or phytoplankton means two or more representative portions taken from a single sampling device. For aquatic macrophytes or macroinvertebrates, split sample means a single sample that is analyzed by both the State Laboratory and by the commercial, public, or industrial laboratory.

(13) "State laboratory" means the Water Sciences Section of the North Carolina Division of Water Resources.

(14) "Toxicant" means any specific chemical, compound, or mixture of chemicals or compounds regulated by an NPDES permit or defined as a toxic substance in 15A NCAC 02B .0202.

History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.3(a)(10); 143‑215.66;

Eff. October 1, 1988;

Amended Eff. April 1, 1993;

Readopted Eff. July 1, 2019.