Septage Management Rules

SECTION .0800 - SEPTAGE MANAGEMENT
Rules .0801 - .0814 of Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.13B .0801
- .0814); have been transferred and recodified from Rules .0901 - .0914 of Title 10 Subchapter 10G of the North
Carolina Administrative Code (T10.10G .0901 - .0914), effective April 4, 1990.

15A NCAC 13B .0801 PREAMBLE

History Note: Filed as a Temporary Rule Eff. January 20, 1989, For a Period of 180 Days to Expire on
July 19, 1989;
Statutory Authority G.S. 130A-291.1;
Eff. March 1, 1989;
Repealed Eff. September 1, 1990.

15A NCAC 13B .0802 DEFINITIONS
15A NCAC 13B .0803 SEPTAGE MANAGEMENT FIRM PERMITS
15A NCAC 13B .0804 FEES
15A NCAC 13B .0805 SEPTAGE DISPOSAL SITE PERMITS
15A NCAC 13B .0806 STANDARDS
15A NCAC 13B .0807 LOCATION OF SEPTAGE DISPOSAL SITES
15A NCAC 13B .0808 MANAGEMENT OF SEPTAGE DISPOSAL SITES
15A NCAC 13B .0809 SEPTAGE DETENTION SYSTEMS
15A NCAC 13B .0810 SOIL TESTING
15A NCAC 13B .0811 LAND USE AFTER SEPTAGE DISPOSAL
15A NCAC 13B .0812 TRANSPORTATION OF SEPTAGE
15A NCAC 13B .0813 REVOCATION OF PERMITS
15A NCAC 13B .0814 APPEALS

History Note: Filed as a Temporary Rule Eff. January 20, 1989, For a Period of 180 Days to Expire on July 19,
1989;
Authority G.S. 130A-291.1;
Eff. March 1, 1989;
Amended Eff. September 1, 1990; August 1, 1990; June 1, 1990;
Repealed Eff. October 1, 1995.

15A NCAC 13B .0815 INCORPORATION BY REFERENCE
15A NCAC 13B .0816 DEFINITIONS

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 1995;
Repealed Eff. October 1, 2009.

15A NCAC 13B .0817 SEPTAGE MANAGEMENT FIRM PERMITS

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 1995;
Repealed Eff. April 1, 2010.

15A NCAC 13B .0818 PERMIT FEES

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 1995;
Repealed Eff. October 1, 2009.

15A NCAC 13B .0819 SEPTAGE LAND APPLICATION SITE PERMITS
15A NCAC 13B .0820 SEPTAGE DETENTION AND TREATMENT FACILITY PERMITS

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 1995;
Repealed Eff. April 1, 2010.

15A NCAC 13B .0821 LOCATION OF SEPTAGE LAND APPLICATION SITES
15A NCAC 13B .0822 MANAGEMENT OF SEPTAGE LAND APPLICATION SITES
15A NCAC 13B .0823 RECORD KEEPING FOR SEPTAGE MANAGEMENT FIRMS
15A NCAC 13B .0824 SAMPLING AND ANALYSIS

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 1995;
Repealed Eff. October 1, 2009.

15A NCAC 13B .0825 STANDARDS FOR SEPTAGE TREATMENT AND DETENTION FACILITIES

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 1995;
Repealed Eff. April 1, 2010.

15A NCAC 13B .0826 LAND USE AND SITE CLOSURE
15A NCAC 13B .0827 TRANSPORTATION OF SEPTAGE
15A NCAC 13B .0828 REVOCATION OF PERMITS
15A NCAC 13B .0829 APPEALS

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 1995;
Repealed Eff. October 1, 2009.

15A NCAC 13B .0830 INCORPORATION BY REFERENCE
(a) All Sections of the Code of Federal Regulations (CFR) cited in this Section are hereby incorporated by reference,
including subsequent amendments or additions, and may be obtained free of charge at https://www.gpo.gov/fdsys/.
(b) US Environmental Protection Agency (EPA) and American Society for Testing Materials (ASTM) test methods and
procedures, and other published standards referenced in this Section are hereby incorporated by reference, including
subsequent amendments or additions.
(c) Copies of all material incorporated by reference in this Section are available for inspection free of charge at the
Department of Environmental Quality Division of Waste Management, Solid Waste Section, 217 West Jones Street,
Raleigh, N.C. 27603 or the Division's website at https://deq.nc.gov/about/divisions/waste-management.

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017;
Amended Eff. February 1, 2019.

15A NCAC 13B .0831 DEFINITIONS
In addition to the terms defined in G.S. 130A-290, as used in this Section the following terms are defined as follows:
(1) "Agronomic rates" means those rates that provide the nitrogen and other nutrient needs of the crop
based on available realistic yield expectations (RYE) established for a soil series through published
Cooperative Extension Service bulletins, Natural Resources Conservation Service publications, or
county soil surveys, but do not overload the soil with nutrients or other constituents that may
eventually leach to groundwater, limit crop growth, or degrade soil quality.
(2) "Annual septage application rate" means the maximum amount, in gallons, of septage that may be
applied to a unit area of land during a 365-day period.
(3) "Land application" means the spraying or spreading of septage onto the land surface; the injection of
septage below the land surface; or the incorporation of septage into the soil so that the septage
conditions the soil or fertilizes crops or vegetation grown in the soil.
(4) "Licensed Geologist" means licensed geologist as defined in G.S. 89E-3.
(5) "Licensed Soil Scientist" means licensed soil scientist as defined in G.S. 89F-3.
(6) "Nutrient Management Plan" means a plan to define the management requirements and nutrient needs
of crops to be grown on a septage land application site, including the amount, sources, placement, and
timing of nutrient applications to maximize the nutrient uptake of the crop. Plan implementation shall
protect the environment and maintain crop productivity.
(7) "Place of business" means place of business as defined in G.S. 130A-334.
(8) "Place of public assembly" means place of public assembly as defined in G.S. 130A-334.
(9) "Professional Engineer" means professional engineer as defined in G.S. 89C-3.
(10) "Residence" means residence as defined in G.S. 130A-334.
(11) "Rock" means the consolidated or partially consolidated mineral matter or aggregate, including
bedrock or weathered rock, not exhibiting the properties of soil.
(12) "Seasonal High Water Table" or "SHWT" means the highest level of the saturated zone in the soil
during a year with normal rainfall. SHWT may be determined in the field through identification of
redoximorphic features in the soil profile, monitoring of the water table elevation, or modeling of
predicted groundwater elevations.
(13) "Septage Management Facility" means land, personnel, and equipment used in the management of
septage, including septage management firms as defined in G.S. 130A-290(a)(33), septage detention
and treatment facilities, and septage land application sites.
(14) "Soil" means the unconsolidated mineral and organic material of the land surface. It consists of sand,
silt, and clay minerals and variable amounts of organic materials.
(15) "Soil textural classes" means soil classification based upon size distribution of mineral particles in the
fine-earth fraction less than two millimeters in diameter. The fine-earth fraction includes sand (2.0
0.05 mm in size), silt (0.05 mm 0.002 mm), and clay (less than 0.002 mm in size) particles. The
specific textural classes shall be defined as follows:
(a) "Sand" means soil material that contains 85 percent or more of sand; the percentage of silt
plus 1.5 times the percentage of clay less than 15;
(b) "Loamy sand" means soil material that contains 70 to 91 percent sand, and the percentage silt
plus 1.5 times the percentage of clay is not less than 15, and the percentage of silt plus twice
the percentage of clay is less than 30;
(c) "Sandy loam" means soil material that contains either:
(i) 7 to 20 percent clay, 52 percent or more sand, and the percentage of silt plus twice
the percentage of clay exceeds 30; or
(ii) less than 7 percent clay, less than 50 percent silt, and more than 43 percent sand;
(d) "Loam" means soil material that contains 7 to 27 percent clay, 28 to 50 percent silt, and 52
percent or less sand;
(e) "Silt loam" means soil material that contains either:
(i) 50 percent or more silt and 12 to 27 percent clay; or
(ii) 50 to 80 percent silt and less than 12 percent clay;
(f) "Silt" means soil material that contains 80 percent or more silt and less than 12 percent clay;
(g) "Sandy clay loam" means soil material that contains 20 to 35 percent clay, less than 28
percent silt, and more than 45 percent sand;
(h) "Clay loam" means soil material that contains 27 to 40 percent clay and 20 to 46 percent
sand;
(i) "Silty clay loam" means solid material that contains 27 to 40 percent clay and 20 percent or
less sand;
(j) "Sandy clay" means soil material that contains 35 percent or more clay and 45 percent or
more sand;
(k) "Silty clay" means soil material that contains 40 percent or more clay and 40 percent or more
silt; and
(l) "Clay" means soil material that contains 45 percent or less sand and less than 40 percent silt.
(16) "Treatment of septage" means the preparation of septage for final use or disposal. Treatment may
include thickening, stabilization, and dewatering of septage. Treatment shall not include storage of
septage.
Definitions in 40 CFR 503.9(d), (g), (h), (j), (k), (l), (r), (t), (u), (v), (w), (bb), and in 40 CFR 503.11(a), (c), (d), (f), (g),
(i), (k), (l), (m), (n) are incorporated by reference including subsequent amendments and editions.

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009;
Readopted Eff. February 1, 2019.

15A NCAC 13B .0832 GENERAL PROVISIONS
(a) General permitting requirements.
(1) No person shall manage septage, or any part of septage, or operate a Septage Management Firm
without first obtaining a permit from the Division as required under G.S. 130A-291.1(c);
(2) The permit requirement of G.S. 130A-291.1(c) applies to persons who remove septage, and other
waste materials or spent media from wastewater systems permitted by the Department of Health and
Human Services, under the authority of Article 11, Chapter 130A of the North Carolina General
Statutes;
(3) The permit requirement of G.S. 130A-291.1(c) applies to persons who manage septage generated from
properties that they own, lease, or manage as part of a business, such as mobile homes, mobile home
parks, restaurants, and other residential and commercial property;
(4) The Division may deny a permit application in accordance with G.S. 130A-295.3(c);
(5) The Division may require an applicant to demonstrate substantial compliance in accordance with G.S.
130A-294(b2)(2);
(6) Permits issued in accordance with this Section shall be followed;
(7) Where specified in this Section, permit applications or specific portions of applications shall be
prepared in accordance with Rule .0202(a)(3) of this Subchapter; and
(8) Initial septage land application site and detention and treatment facility permits shall be valid for one
year. Subsequent permits shall be valid for five years. The Division may issue a subsequent permit for
less than five years based on any of the following factors:
(A) the duration of the landowner authorization or wastewater treatment plant authorization;
(B) the compliance history of the operator;
(C) if any of the information for the permit application was received after the due date; or
(D) to allow the due date for a subsequent permit application to be the same date as the septage
firm permit application due date.
(b) Portable sanitation permitting provisions.
(1) A mobile or modular office that meets the criteria of G.S. 130A-291.2 shall be considered a chemical
or portable toilet as defined in G.S. 130A-290(a)(1c). A storage tank at a mobile or modular office
shall not release septage onto the ground. The owner and the lessee of the mobile or modular office
shall be considered to be the responsible parties and shall be subject to the requirements of Paragraph
(a) of this Rule.
(2) No person shall rent or lease portable toilet(s) or contract or subcontract to rent or lease portable
toilet(s) to another person or manage or dispose of waste from portable toilet(s), regardless of
ownership of the toilet(s), unless that person is permitted to operate a septage management firm.
(3) Placement of a chemical or portable toilet as defined in G.S. 130A-290(a)(1c) for potential use in
North Carolina shall be considered operation of a septage management firm that requires a permit.
(c) Recreational vehicle waste provisions.
(1) Domestic septage from a recreational vehicle shall be managed in accordance with this Section or shall
flow directly into a wastewater treatment system permitted by the Department of Environmental
Quality.
(2) Wastewater from recreational vehicles that are tied down, blocked up, or that are not relocated, and
that are not connected to an approved wastewater system shall be managed in accordance with Article
11, Chapter 130A of the NC General Statutes.
(3) Recreational vehicle dump stations that do not discharge directly to a wastewater treatment system
permitted by the Department of Environmental Quality shall be permitted as a septage detention and
treatment facility in accordance with Rule .0837 of this Section.
(d) Alternate septage management method limitations.
(1) Grease septage, or any part of grease septage, shall not be introduced or reintroduced into a grease
trap, interceptor, separator, or other appurtenance used for the purpose of removing cooking oils, fats,
grease, and food debris from the waste flow generated from food handling, preparation, and cleanup
unless the Division has received written approval from the wastewater treatment plant operator or the
onsite wastewater system permitting authority that reintroduction is acceptable.
(2) Septage, or any part of septage, shall not be reintroduced into an onsite wastewater system unless
approved pursuant to G.S. 130A-343(c).
(3) Septage, or any part of septage, shall not be placed in containers at restaurants designated for yellow
grease.
(4) Septage, or any part of septage, shall not be disposed of in a municipal solid waste landfill unless the
waste passes the Paint Filter Liquids Test as defined by EPA S.W. 846 Test Method 9095B which can
be accessed at no cost at https://www.epa.gov/hw-sw846, and the landfill receiving the waste has
provided the Division written documentation that the specific material will be accepted.
(5) Septage, or any part of septage, shall not be disposed of in a dumpster unless the waste passes the Paint
Filter Liquids Test and the landfill receiving the waste is a permitted municipal solid waste landfill, in
accordance with Section .1600 of this Subchapter.
(6) Septage, or any part of septage, managed through subsurface disposal shall be considered a treatment
facility and shall require a permit in accordance with this Section and G.S. 130A-343.
(7) Facilities receiving septage, or any part of septage, for composting shall be permitted in accordance
with Section .1400 of this Subchapter.
(e) All training to meet the requirements of G.S. 130A-291.3(a) and (b) shall be pre-approved by the Division. Approval
by the Division shall be based on whether the training is in accordance with the rules in this Section.
(f) Waste from holding tanks not otherwise addressed in this Section, and from wastewater systems pumped more often
than every 30 days, shall not be considered domestic septage and shall not be land applied at a permitted septage land
application site.
(g) Inspection and entry. The permit holder of a septage management firm or facility shall allow a representative of the
Division to:
(1) enter the permit holder's premises where a regulated facility or activity is located or conducted;
(2) access and copy any records required in accordance with this Section or conditions of the permit;
(3) inspect any facilities, equipment (including monitoring and control equipment), practices, or
operations regulated by the Division;
(4) sample or monitor for the purposes of assuring permit compliance or as otherwise authorized by the
Federal Clean Water Act or the North Carolina Solid Waste Management Act, any substances,
parameters, or soils at any location; and
(5) photograph for the purpose of documenting times of compliance or noncompliance at septage
management facilities or to require the permit holder to make such photos for the Division.
(h) Washings from the interior of septage handling containers such as pump trucks shall be managed as septage.

History Note: Authority G.S. 130A-291.1; 130A-291.2; 130A-295.3(c); 130A-335;
Eff. October 1, 2009;
Amended Eff. January 1, 2014;
Readopted Eff. February 1, 2019.

15A NCAC 13B .0833 PERMIT FEES
(a) Every septage management firm shall pay an annual permit fee by January 1 of each year in accordance with G.S.
130A-291.1(e) or (e1), unless the firm notifies the Division prior to January 1 that the firm will not operate during the
next year. Fees shall be paid to the Division of Waste Management, Solid Waste Section, 1646 Mail Service Center,
Raleigh, NC 27699-1646.
(b) Annual fees are not pro-rated and shall not be refunded or credited to a subsequent year.
(c) Failure to apply for permit renewal or failure to pay the permit fee by January 1 shall result in assessment of a late fee
in accordance with G.S. 130A-291.1(e2). Failure to pay the appropriate fees within 45 days after January 1 shall result in
an additional administrative penalty pursuant to G.S. 130A-22(a) of ten dollars ($10.00) per day for each day thereafter
that the fees are not paid.
(d) Annual permit renewal, including fee payment, shall be the responsibility of the operator of the septage management
firm. If the operator did not receive annual permit renewal forms, it shall not be a defense to assessment of late fees.
(e) A food service facility that is permitted to operate a septage detention facility in accordance with Rules .0834 and
.0837 of this Section and that has paid the fee specified in G.S. 130A-291.1(e1) shall be allowed to empty their own
grease interceptors, separators, traps, or other appurtenances used for the purpose of removing cooking oils, fats, grease,
and food debris from the waste flow generated from food handling, preparation, and cleanup, that have a volume of 25
gallons or less, into the permitted detention facility. The permitted facility shall be constructed and located in accordance
with the requirements of Rule .0838 of this Section and emptied at least quarterly by a permitted septage management
firm.

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009;
Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0834).

15A NCAC 13B .0834 SEPTAGE MANAGEMENT FIRM PERMITS
(a) Septage management firm names shall be distinguishable upon the records of the Division from the name of other
septage management firms, limited liability companies, non-profit corporations, business corporations, limited
partnerships, sole proprietors, general partners, and limited liability partnerships operating in North Carolina. Naming
preference shall be given to companies that are listed as incorporated with the NC Secretary of State's office.
(b) A person who has not operated a septage management firm during the previous calendar year shall obtain four hours
of new operator training from the Division prior to receiving a permit to operate a septage management firm.
(c) To apply for a permit, a person proposing to operate a septage management firm shall submit the following
information to the Division by January 1 of each year:
(1) owner's name, address, and phone number;
(2) business name, address, and phone number;
(3) operator name, address, and phone number, if different from owner;
(4) permit number, if existing firm;
(5) type(s) of septage handled, and the quantity pumped the previous 12 months, if in operation;
(6) number of pumper trucks;
(7) capacity and type of septage handled by each pumper truck;
(8) vehicle license and serial numbers of each pumper truck;
(9) counties in which the firm operates;
(10) disposal method(s) for septage;
(11) permit number for each septage land application site to be used;
(12) permit number for each septage detention and treatment facility to be used;
(13) any other information that the Division may request that is pertinent to the operation of a septage
management firm if it is necessary to determine compliance with the rules of this Section;
(14) written authorization on official letterhead or a notarized wastewater treatment plant authorization
form shall be submitted from an individual responsible for the operation of each wastewater treatment
plant used for disposal indicating:
(A) type(s) of septage that may be discharged at the plant;
(B) where septage, including grease septage, may be discharged at the plant or in the collection
system;
(C) geographic area from which septage will be accepted; and
(D) duration of authorization;
(15) the appropriate annual permit fee in accordance with G.S. 130A-291.1(e); and
(16) the date, location, number of hours, and provider of annual septage management firm training required
in accordance with G.S. 130A-291.3(a).
(d) Persons that operate a septage land application site or a septage treatment and detention facility, but do not pump
septage, shall submit the following information to the Division by January 1 of each year to apply for a permit:
(1) facility name, address, phone number, and county;
(2) owner's name, address, and phone number;
(3) operator name, address, and phone number, if different from owner;
(4) permit number, if existing firm;
(5) type(s) of septage managed;
(6) facility types and their permit numbers;
(7) the name and permit number of all permitted septage management firms using the facility;
(8) the date, location, number of hours, and provider of annual training in accordance with G.S. 130A-
291.3(b); and
(9) the appropriate annual permit fee in accordance with G.S. 130A-291.1(e1).
(e) A septage management firm permit shall not be issued unless the applicant has submitted to the Division written
documentation of authorized access to dispose or otherwise manage septage, or any part of septage, at a wastewater
treatment plant, a permitted septage land application site, a permitted septage treatment facility, or other permitted solid
waste management facility. Documentation from each plant, site, or other facility shall include the types and amount of
septage that may be discharged.
(f) Septage management firm permits shall not be issued until all parts of the application have been completed.
(g) Prior to the issuance of a septage management firm permit to firms that pump septage, all pumper trucks for the firm
shall be inspected and approved by the Division for compliance with Rule .0835 of this Section.
(h) Permits shall not be transferable.
(i) Septage management firm permits issued on or after January 1 shall be effective until December 31 of that calendar
year.

History Note: Authority G.S. 130A-291.1;
Eff. November 1, 2009;
Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0833).

15A NCAC 13B .0835 TRANSPORTATION OF SEPTAGE
(a) Vehicles used for the transportation of septage shall be operated and maintained to prevent leaks and spills of septage
and shall comply with the following:
(1) all tanks shall be constructed of metal and affixed to the truck bed with permanent fixtures such as
bolts;
(2) all valves shall be in working order and be closed during transportation;
(3) all access ports shall have lids in good repair in accordance with manufacturer specifications and
sealed during transportation;
(4) portable toilet pump units that slide into pickup truck beds shall be bolted to the trucks in accordance
with manufacturer specifications;
(5) boats used to pump or transport septage shall be United States Coast Guard approved or construction
plans shall be available indicating that the specific craft is stable in the water when fully loaded with
septage, and if required by G.S. 89C, a professional engineer shall prepare these documents; and
(6) tanks that are mounted on trailers for the pumping or transportation of septage shall meet all applicable
State and federal requirements for highway use.
(b) All permitted septage management firms shall display lettering on each side of every pumper vehicle operated by the
firm. The lettering shall include the firm name, town name, phone number, and septage management firm permit number
as shown on the firm application. All lettering required by this Rule on the pumper vehicle shall be no less than three
inches in height and legible, distinguishable from the background, and not obstructed from view. Identification shall not
be removable (i.e. no magnetic signs).
(c) Applicants for septage management firm permits that were not permitted in the previous calendar year shall have
each pump truck inspected prior to the Division's issuance of a permit.
(d) Septage to be discharged at a wastewater treatment plant or any part of the collection system for that plant shall be
handled in accordance with the plant rules and policies.
(e) All vehicles used in the transportation of septage, including spare vehicles and tankers, shall meet the requirements of
this Section and be included in the permit application.
(f) Vehicles used in the transportation of septage, that are listed on an approved septage management firm permit
application, may remain loaded or partially loaded on land owned by the septage management firm for up to seven days
without obtaining a permit for a detention or treatment facility. Such vehicles shall comply with this Rule.

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009;
Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0844).

15A NCAC 13B .0836 RECORD KEEPING FOR SEPTAGE MANAGEMENT FIRMS
(a) Each permit holder shall maintain a log that includes the following information for each septage pumping event:
(1) the date, type, quantity, and location of septage pumped; the location for tanks shall be a street address
and the location for portable toilets shall be a route; and
(2) location of the discharge of the septage.
(b) A septage management firm shall make all records, documents, or logs required in accordance with this Section or
conditions of the permit available for review by the Division at the time and place of an inspection of the firm's septage
pumper truck(s) or upon the Division's request.

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009;
Readopted Eff. February 1, 2019 (Recodified 15A NCAC 13B .0839).

15A NCAC 13B .0837 SEPTAGE DETENTION AND TREATMENT FACILITY PERMITS
(a) No person shall establish, or allow to be established upon any real property owned, operated, leased, or controlled by
that person, a septage detention and treatment facility, unless a permit has been obtained from the Division or the facility
is operating in accordance with a NPDES permit issued by the NC Division of Water Resources.
(b) Septage detention and treatment facilities shall be designed, located, constructed, and operated in accordance with
the standards specified in Rule .0838 of this Section.
(c) To apply for a permit to operate a septage detention facility the applicant shall submit the following information to
the Division:
(1) name, address, and phone number of
(A) the applicant;
(B) the landowner or the landowner's legal representative in control of the site; and
(C) the proposed operator;
(2) location of the facility;
(3) vicinity map or county road map showing the site location;
(4) types of septage to be stored or treated;
(5) a description of the facility including the size, number, and type of structures to be used at the site and
construction materials to be used;
(6) an explanation of the methods for discharge into and removal from the detention or treatment facility,
the methods for treating leaks or spills at the site, and methods for odor control;
(7) septage land application site permit number and the name of any wastewater treatment plant(s) where
the septage will be disposed;
(8) written documentation of approved locations to manage any solid or liquid wastes generated at a
treatment facility;
(9) an aerial photograph, extending for a distance of at least 1,000 feet in all directions from the site
property lines;
(10) written authorization to operate a septage detention or treatment facility signed by each landowner (if
other than the permit holder) or the landowner's legal representative;
(11) any other information that the Division may request that is pertinent to the suitability of the proposed
facility if it is necessary to determine compliance with this Section; and
(12) an approval letter from the unit of local government having zoning authority over the area where the
facility is to be located, stating that the proposed facility meets all of the requirements of the local
zoning ordinance, or that the site is not zoned.
(d) Treatment of septage shall include aerobic or anaerobic digestion, dewatering or thickening, pressing, centrifuging,
the use of organisms or enzymes, and pathogen reduction methods or vector attraction reduction methods other than lime
stabilization.
(e) To apply for a permit to operate a septage treatment facility, plans and specifications shall be submitted. If required
by G.S. 89C, a professional engineer shall prepare these documents. The plans shall include the information set forth in
Paragraph (c) of this Rule and the following:
(1) site plan at a scale appropriate to show the detail of the facility, but in no case greater than 100 feet per
inch;
(2) engineering plans for the entire system, including treatment, storage, and disposal equipment, and
containment structures;
(3) drawings that shall be at a scale appropriate to show pumps, tanks, valves, controls, meters, pipes, and
other items critical to the operation of the facility. As-built drawings shall be submitted if the facility
construction is not consistent with the initial drawings;
(4) an operation and maintenance manual signed by the applicant outlining information and instruction on
how the facility is to be operated, equipment maintenance, minimization of odors, required safety and
personnel training, and an outline of reports to be submitted to the Division. Contingency plans shall
be included to address at least equipment failure, human error, inclement weather, and spill and leak
cleanup;
(5) a quality assurance plan signed by the applicant for the process and final product if treatment involves
meeting pathogen reduction or vector attraction reduction standards.
(6) compliance history for the facility showing no unresolved violations of Federal, State, or local laws,
rules, regulations, or ordinances; and
(7) certification that the construction of the treatment facility is complete and consistent with the plans
submitted in accordance with this Paragraph;
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter and resolution
dated March 11, 2010, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing
engineering under G.S. 89C.]
(f) A permit to operate a new septage detention and treatment facility shall not be issued until the proposed site has been
approved by the Division. Approval by the Division shall be based on whether the facility is in accordance with the rules
of this Section.
(g) Operation of a new septage detention or a new septage treatment facility shall not commence until the facility has
been inspected by the Division and found to be consistent with the permit application.
(h) A permit to operate a treatment facility shall not be issued until the facility has been inspected by the Division and
found to be consistent with the permit application and operation has been found to be consistent with the operation and
maintenance manual.
(i) Application packages for permit renewals for septage treatment facilities shall include:
(1) updated drawings, if there are changes to the facility;
(2) updated site plans, if there are changes to the initial site plan;
(3) updated operation and maintenance manual, if there are changes to the operation and maintenance
manual; and
(4) updated quality assurance plan, if there are changes to the quality assurance plan.
(j) Engineering plans and specifications for marina detention tanks that do not meet the minimum setbacks in Rule
.0838(m) of this Section or are located below grade shall be submitted. If required by G.S. 89C, a professional engineer
shall prepare these documents. The facilities shall be certified to be constructed in substantial compliance with the plans
and specifications submitted in accordance with this Rule. If required by G.S. 89C, a professional engineer shall certify
this compliance. [Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter
and resolution dated March 11, 2010, that preparation of engineering design documents pursuant to this Paragraph
constitutes practicing engineering under G.S. 89C.]
(k) Parts of detention and treatment facilities located below grade and lagoons shall be certified to be constructed in
substantial compliance with the plans and specifications submitted in accordance with this Rule. If required by G.S. 89C,
a professional engineer shall certify this compliance. [Note: The North Carolina Board of Examiners for Engineers and
Surveyors has determined, via letter and resolution dated March 11, 2010, that preparation of engineering design
documents pursuant to this Paragraph constitutes practicing engineering under G.S. 89C.]
(l) Applications shall be submitted to the Division of Waste Management, Solid Waste Section, 1646 Mail Service
Center, Raleigh NC 27699-1646. Applications for permits will not be reviewed until all parts of the application have been
completed and submitted to the Division.
(m) Applications for renewal permits shall be submitted to the Division at least 90 days prior to the expiration of the
permit. The Division shall notify permit holders of facility permit expiration dates 120 days prior to permit expiration.
(n) Applications for renewal permits submitted in accordance with Paragraphs (i) and (m) of this Rule and applications
for permit modifications shall not be required to resubmit the information required in Subparagraphs (c)(3) and (9), and
Paragraph (d) of this Rule unless changes are made in those plans.
(o) Septage detention and treatment facility permits shall not be transferable.
(p) Permit duration shall be in accordance with Rule .0832(a)(8) of this Section.
(q) Applications for permit modifications shall be required for the following changes:
(1) property ownership;
(2) treatment methods;
(3) types of septage to be stored or treated; or
(4) size and number of treatment or storage structures.
(r) Applications for facilities that do not meet the standards set forth in this Section shall be denied.
(s) An application requesting reduced setbacks in accordance with Rule .0838(m)(7) of this Section shall include a letter
from the appropriate local zoning office approving proposed reduced setbacks.

History Note: Authority G.S. 130A-291.1;
Eff. April 1, 2010;
Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0836).

15A NCAC 13B .0838 STANDARDS FOR SEPTAGE DETENTION AND TREATMENT FACILITIES
(a) Septage detention facilities used to meet the requirements of Rule .0842(a)(19) of this Section shall have a minimum
size equal to two percent of the maximum annual application rate. The Division shall increase the minimum size
requirement for any increase in the maximum annual application rate or if it is demonstrated during site operation that
this volume is inadequate or if specific site considerations would warrant such increases. The Division shall notify the
owner or operator of the facility of the increase. This Paragraph does not limit the maximum capacity of a septage
detention facility.
(b) Each site shall have an all weather access road.
(c) Septage treatment and detention facility containers shall be constructed of steel, concrete, plastic, or fiberglass; and
shall be free of evidence of damage or weakness such as holes or cracks that may allow the escape of septage.
If required by G.S. 89C, plans and specifications for proposed containers constructed of materials not specifically
addressed in this Rule shall be prepared by a professional engineer. [Note: The North Carolina Board of Examiners for
Engineers and Surveyors, has determined, via letter and resolution dated March 11, 2010, that certification of documents
pursuant to this Paragraph constitutes practicing engineering, under G.S. 89C.]
(d) A septage treatment and detention facility permit holder and operator shall be responsible for the actions of any
septage management firm that uses the detention or treatment facility.
(e) Each detention and treatment facility shall be designed, constructed, and maintained to:
(1) prevent leaks or the flow of septage out of the facility into the seasonally high water table, onto the
ground surface, or into any surface waters;
(2) minimize the attraction or admittance of vectors; and
(3) prevent unauthorized entry into septage containers or lagoons.
(f) Septage detention and treatment facilities located below grade shall:
(1) be constructed in substantial compliance with the plans and specifications prior to any waste being
introduced into the system. If required by G.S. 89C, a professional engineer shall certify this
compliance. [Note: The North Carolina Board of Examiners for Engineers and Surveyors, has
determined, via letter and resolution dated March 11, 2010, that certification of documents pursuant to
this Paragraph constitutes practicing engineering, under G.S. 89C.];
(2) be constructed to a traffic rated standard or protected from vehicular traffic; and
(3) not be constructed of used metal tanks. Used metal tanks may be located beside a wall or embankment
for gravity access as long as the entirety of the tank is visible.
(g) The permit holder of a septage treatment or detention facility shall minimize odors from the facility at the property
boundary.
(h) The Division may require that groundwater monitoring wells or a leak detection system be installed around treatment
or detention systems for protection of public health and the environment if there is evidence of a leaking tank.
(i) The area around tanks shall be free of debris and vegetation to allow for access and inspection for a distance of 5 feet.
(j) Septage shall be transferred to and from a detention system in a manner that prevents leaks or spills of septage onto
the ground surface or exterior surface of the detention system, including septage in pipes used for transferring waste to
and from vehicles.
(k) Access roads or paths crossing or leading to the facility shall be posted with "NO TRESPASSING" signs.
(l) Requirements for lined lagoons:
(1) Lined lagoons shall be permitted only at sites where the construction and use of a lagoon does not
jeopardize the public health or environment.
(2) Portions of lined lagoons located below grade shall be in substantial compliance with the plans and
specifications prior to any waste being introduced into the system. If required by G.S. 89C, a
professional engineer shall certify this compliance. [Note: The North Carolina Board of Examiners for
Engineers and Surveyors, has determined, via letter and resolution dated March 11, 2010, that
certification of documents pursuant to this Paragraph constitutes practicing engineering, under G.S.
89C.];
(3) Only lagoons designed, constructed and inspected in accordance with accepted engineering principles
providing for the protection of the underlying groundwater will be considered for use in a septage
treatment or detention system. If required by G.S. 89C, a professional engineer shall certify that the
construction was completed in substantial compliance with the plans and specifications prior to any
waste being introduced into the system. [Note: The North Carolina Board of Examiners for Engineers
and Surveyors, has determined, via letter and resolution dated March 11, 2010, that certification of
documents pursuant to this Paragraph constitutes practicing engineering under G.S. 89C.]
(4) Liners shall be a minimum of 12 inches of clay compacted to a maximum permeability of 10 7 cm/sec
or equivalent synthetic liner.
(5) Synthetic liners shall have a minimum thickness of 30 mils. A synthetic liner shall have a demonstrated
water vapor transmission rate of not more than 0.03 gm/m2/day. Liner material and any seaming
materials shall have chemical and physical resistance not adversely affected by environmental
exposure or waste placement.
(6) Clay liners with a permeability more than 10 7 cm/sec may be used in conjunction with a synthetic
liner to meet the maximum permeability of 10 7 cm/sec or equivalent.
(7) The surface of the supporting soil on which the liner will be installed shall be free of stones, organic
matter, protrusions, loose soil, and any abrupt changes in grade that could affect the integrity of the
liner.
(8) Lagoons shall be designed and maintained to have adequate storage to handle the additional water
from a 25-year storm.
(9) Lagoons shall be protected from entry by unauthorized individuals by fencing or other means.
(m) Septage detention and treatment facilities shall adhere to the following minimum setback requirements:
(1) residence, place of business, except septage firm business, or place of public assembly 100 feet;
(2) well or water supply spring 100 feet;
(3) surface waters 100 feet;
(4) property lines 50 feet;
(5) facilities permitted after April 1, 2010 shall not be located in the 100-year flood plain hazard area;
(6) soil wetness, as determined in of Rule .0841(a)(3)(A) of this Section 12 inches;
(7) setbacks in Subparagraphs (1) and (4) of this Paragraph may be in accordance with local zoning
ordinances if located in areas zoned for industrial use;
(8) setbacks in Subparagraphs (1) through (4) of this Paragraph shall be increased 100% for lagoons; and
(9) accurate property line location shall be the responsibility of the site operator.
(n) At the time of initial permitting, septage detention and treatment facilities shall observe the minimum setback
distances specified in this Rule. Minimum setbacks shall be maintained throughout the life of the facility only on land
owned, operated, or controlled by the permittee or by the landowner(s) at the time of initial permitting. Any sale, lease, or
other conveyance of land by the permittee, or by the landowner(s) if different from the permittee, subsequent to the initial
permitting of the facility shall include restrictions to ensure continued maintenance of the setbacks.
(o) The setbacks in Subparagraph (m)(1) through (4) of this Rule shall be increased for storage facilities with a capacity
in excess of 25,000 gallons permitted after April 1, 2010 to prevent offsite contamination from major spills, or 100%
containment shall be provided. Increased setbacks shall be twice the minimum distance as indicated in Subparagraph
(m)(1) through (4) of this Rule, unless the permitted volume and the proximity to residences, wells or water supply
springs, surface waters, or property lines dictate a reduced setback determined by the Division on a case-by-case basis.
(p) Storage containers for individual restaurants shall be:
(1) located above grade and protected from vehicular traffic;
(2) kept free of grease on the exterior surface of the container and the ground surface, maintained to be
impervious to flies, and shall not attract vectors;
(3) placed at a location and acceptable to and determined by the local health department and the NC
Department of Health and Human Services; and
(4) no greater than 200 gallons in size.
(q) Setbacks for detention tanks at marinas may be reduced for storage capacity of 2000 gallons or less when the facility
is designed to prevent leaks or spills or has containment equaling 100% of the storage volume plus rainfall from a 25-year
storm event. Setbacks shall in no case be less than what is approved by applicable local government, State, or federal
laws or rules.
(r) Permit holders of all septage detention and treatment facilities shall have all records required in accordance with this
Section available for review during inspections by the Division or upon the Division's request.
(s) Septage shall not be stored or treated at a new septage treatment or detention facility until a representative of the
Division has inspected the facility to determine compliance with these Rules and consistency with the permit application
and all permit conditions.
(t) Septage detention and treatment facility closure shall include:
(1) a written notification of cease of operations submitted to the Division that shall include the permit
number, the date of cease of operations, and the signature of the operator;
(2) all liquids and solids, resulting from septage detention or treatment, removed from all portions of the
facility and managed or disposed at an approved facility; and
(3) all parts of the facility removed from property under separate ownership, unless all landowners provide
the Division with written documentation that the facility may remain at the site.
(u) Record keeping for detention facilities that receive septage from more than one septage management firm shall
include:
(1) the date that the septage is received at and removed from the facility;
(2) name of the septage management firm that delivered the septage;
(3) type and amount, in gallons, of septage received; and
(4) where septage is discharged.
(v) Record keeping for treatment facilities shall include:
(1) date septage is received at the facility;
(2) name of the septage management firm that delivered the septage;
(3) type and amount, in gallons, of septage received;
(4) date processed material(s) is removed from the facility;
(5) type and amount, in tons or gallons, of material removed from the facility; and
(6) management methods for each type of material removed by the facility.
(w) Alarms shall be required to detect high liquid levels, leaks and spills, or system operation parameters at detention or
treatment facilities when the location, design, capacity, or operational complexities of the facility warrant the additional
safety precautions.

History Note: Authority G.S. 130A-291.1;
Eff. April 1, 2010;
Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0841).

15A NCAC 13B .0839 INNOVATIVE OR ALTERNATIVE TREATMENT OR STORAGE METHODS
(a) Applications for permits for innovative or alternative treatment, storage, or land application methods that do not fit
the criteria outlined in this Section shall be reviewed in accordance with G.S. 130A-291.1(i).
(b) Applications shall include:
(1) the information required in Rule .0837(c) of this Section;
(2) an operation and maintenance manual consistent with the requirements of Rule .0837(e)(4) of this
Section;
(3) means of demonstrating that the proposed method of treatment or storage will meet the appropriate
standards for vector attraction reduction and pathogen reduction in this Section; and
(4) testing methods and schedule to document Subparagraph (3) of this Paragraph.
If required by G.S. 89C, a professional engineer shall prepare these documents. [Note: The North Carolina Board of
Examiners for Engineers and Surveyors has determined, via letter dated March 11, 2010, that preparation of engineering
design documents for alternative treatment methods that do not fit the criteria outlined in this Section constitutes
practicing engineering under G.S. 89C.]
(c) Innovative or alternative design criteria shall be approved in cases where the applicant can demonstrate that the
alternative design criteria will provide the following:
(1) equal or better treatment of the waste;
(2) equal or better protection of the waters of the state; and
(3) no increased potential for nuisance conditions from noise, odor, or vermin.

History Note: Authority G.S. 130A-291.1;
Eff. April 1, 2010;
Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0842).

15A NCAC 13B .0840 SEPTAGE LAND APPLICATION SITE PERMITS
(a) No person shall establish, or allow to be established upon any real property owned, operated, leased, or controlled by
that person, a septage management facility to treat, manage, store, or dispose of septage, or any component of septage,
unless a permit has been obtained from the Division. Septage shall not be disposed of by trenching or burial.
(b) Any person that has not operated as a septage land application site during the previous calendar year shall receive at
least three hours of new land application site operator training from the Division prior to receiving a permit to operate a
septage land application site.
(c) To apply for a permit for a septage land application site, the following information shall be submitted to the Division:
(1) name, address, and phone number of:
(A) the applicant;
(B) the landowner or the landowner's legal representative in control of the site; and
(C) the proposed operator;
(2) location of the site;
(3) written authorization to operate a septage land application site signed by each landowner (if other than
the permit holder) or the landowner's legal representative;
(4) types of septage and the proposed annual volume of each type of septage proposed for land application
per acre, based on the nutrient management plan submitted in accordance with Subparagraph (c)(12) of
this Rule;
(5) substances other than septage previously disposed of at this location, and the amounts of those
substances;
(6) aerial photography extending for a distance of at least 2500 feet in all directions from the site, with site
property boundaries depicted;
(7) alternative plan for the detention or disposal of septage, during conditions that cause the site to be
unavailable for use, such as adverse weather conditions;
(8) treatment method for each type of septage to be discharged and the permit number of any treatment
facilities;
(9) vicinity map (county road map) showing the site location;
(10) a written report that documents compliance with Rule .0841 of this Section including:
(A) a representative soils analysis such as the Standard Soil Fertility Analysis, conducted within
the last six months, on each proposed field of each proposed land application site. The
representative soils analysis shall include acidity, base saturation (by calculation), calcium,
cation exchange capacity, exchangeable sodium percentage (by calculation), magnesium,
manganese, percent humic matter, pH, phosphorus, potassium, and sodium, and may include
additional analyses;
(B) a total metal analysis for each proposed field shall be conducted for arsenic, cadmium,
copper, lead, nickel, selenium, and zinc. A North Carolina Department of Agriculture &
Consumer Services (NCDA & CS) mehlich-3 extraction shall be an acceptable substitute for
a total metal analysis. Mercury shall be sampled if the applicant proposes to land apply
domestic or industrial or commercial treatment plant septage, or if warranted by previous site
use;
(C) field description of soil profile(s), based on examinations of excavation pits and auger
borings, within four feet of the land surface or to bedrock describing the following
parameters by individual diagnostic horizons: thickness of the horizon; texture; color and
other diagnostic features; structure; internal drainage; depth, thickness, and type of restrictive
horizon(s); and presence or absence and depth of evidence of any seasonal high water table.
Applicants may be required to dig pits when necessary for evaluation of the soils at the site;
(D) a soil map delineating major soil mapping units within each proposed land application site
and showing all physical features, location of pits and auger borings, setbacks required in
accordance with this Section, legends, scale, and a north arrow;
(E) if the annual application rate is proposed to exceed 125,000 gallons per acre per year, field
descriptions to a depth of six feet shall be required; and
(F) Global Positioning System (GPS) data compatible with the Division's datalogger shall be
provided for proposed sites 30 acres or more in size.
If required by G.S. 89F, G.S. 89C, and G.S. 89E, a licensed soil scientist, professional engineer, or
licensed geologist shall prepare these documents. [Note: The North Carolina Board of Licensing of
Soil Scientists, Board of Examiners for Engineers and Surveyors, and the Board of Licensing of
Geologists has determined, via letters dated November 16, 2009, March 11, 2010, and January 7,
2010, that preparation of documents pursuant to this Paragraph constitutes soil science, practicing
engineering, or geology under G.S. 89F, G.S. 89C, and G.S. 89E.]
(11) applicants proposing to land apply 200,000 gallons per acre per year or more shall provide a plan for
monitoring soil moisture levels and the depth to seasonal wetness to determine when land application
may occur without impacting groundwater or hydraulic overloading. The plan shall include
recommendations concerning annual and instantaneous loading rates of liquids, solids, other
wastewater constituents, and amendments based on in-situ measurement of saturated hydraulic
conductivity in the most restrictive horizon. If required by G.S. 89C, G.S. 89F, and G.S. 89E, a
professional engineer, licensed soil scientist, or licensed geologist shall prepare these documents.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors, Board of Licensing of
Soil Scientists, and the Board of Licensing of Geologists has determined, via letters dated March 11,
2010, November 16, 2009, and January 7, 2010, that preparation of documents pursuant to this
Paragraph constitutes practicing engineering, soil science, or geology under G.S. 89C, G.S. 89F, and
G.S. 89E.]
(12) a nutrient management plan prepared by an environmental professional that shall include the
following:
(A) crops that will be planted on the site, including cover crops, and where each crop will be
planted. Crop planting locations shall be depicted on an aerial photograph or on a plat map;
(B) nitrogen needs of the crops based on the realistic yield expectations for the soils on the site,
and crop management practices proposed;
(C) crop stand density required to meet the realistic yield expectations for the proposed crop;
(D) approximate crop planting times and the seeding or sprigging rates for crops to be
established;
(E) crop harvest frequency appropriate for the proposed realistic yield expectations and nitrogen
needs, and approximate crop harvest times;
(F) approximate monthly discharge rate to match the nitrogen needs and potential uptake of the
crop;
(G) sites proposed to receive more than 50,000 gallons per acre per year of domestic or industrial
or commercial treatment plant septage, or domestic or grease septage that has been treated to
remove solids, fats, oils, and grease shall include nitrogen carry over when determining
annual application rates;
(H) weed control recommendations;
(I) crop use or removal;
(J) results from at least four samples of treated septage if the application is proposing an
increased application rate for the land application of septage treated to reduce nutrients; and
(K) the signature of the site operator.
For the purposes of this Rule, an environmental professional means a person who has received a post-
secondary degree from a college or university and has training and experience in or related to
agronomic principles utilized to manage wastewater. Preparation by an environmental professional
shall not be required for nutrient management plans for renewal applications that do not contain
changes that would affect nutrient uptake.
(13) application rates for sites proposed to receive treated septage shall be determined based on the most
limiting nutrient;
(14) erosion and runoff management plan showing:
(A) buffer locations and widths based on the direction and amount of slope adjacent to the land
application site;
(B) vegetation type and stand density in the buffer areas; and
(C) buffer maintenance fertility requirements.
(15) proposed land application method;
(16) proposed distribution plan if required in Paragraph (e) of Rule .0841 of this Section;
(17) sites proposing to use spray irrigation as a land application method shall include:
(A) the location of all fixed irrigation heads or the location of traveling gun irrigation lanes;
(B) irrigation head spacing and traveling gun lane spacing shall be determined based on standards
in NC Cooperative Extension Documents AG-553-6 and AG-553-7 which are hereby
incorporated by reference including subsequent amendments and additions;
(C) the size of all spray nozzles;
(D) system operating pressure at the irrigation head;
(E) calculation of the wettable acres vs. permitted acreage;
(F) calibration methods and frequency; and
(G) irrigation system operation and maintenance plan.
(18) documentation from the Department of Natural and Cultural Resources that the land application site
complies with Rule .0841(g) of this Section if any part of the site specified for land application is not
agricultural land;
(19) the date, location, number of hours, and provider of annual septage land application site operator
training required in accordance with G.S. 130A-291.3(b);
(20) any other information that the Division may request that is pertinent to the suitability of the proposed
site if it is necessary to determine compliance with this Section;
(21) an applicant who proposes to land apply septage on a public contact site, shall provide the Division
evidence of public notice and the applicant shall have completed the Land Application of Residuals
Course and maintain a Land Application of Residuals Certificate issued by the Department of
Environmental Quality;
(22) an applicant who proposes to land apply industrial or commercial treatment plant septage or domestic
treatment plant septage shall have completed the Land Application of Residuals Course and maintain a
Land Application of Residuals Certificate issued by the Department of Environmental Quality;
(23) an applicant who proposes to land apply septage in excess of 50,000 gallons per acre per year shall
provide the Division with evidence of public notice which shall at a minimum be publication with a
local news organization, and shall have completed the Land Application of Residuals Course and
maintain a Land Application of Residuals Certificate issued by the Department of Environmental
Quality; and
(24) an approval letter from the unit of local government having zoning authority over the area where the
facility is to be located stating that the proposed facility meets all of the requirements of the local
zoning ordinance, or that the site is not zoned.
(d) The Division shall not issue a permit to land apply septage at a rate in excess of 50,000 gallons per acre per year or a
permit to land apply domestic treatment plant septage or industrial or commercial treatment plant septage until the
applicant has operated a septage land application site in accordance with this Section for at least a 12 month period.
(e) Applications for permits issued in accordance with this Rule shall be submitted to the Division of Waste
Management, Solid Waste Section, 1646 Mail Service Center, Raleigh NC 27699-1646. Applications for permits will not
be reviewed until all parts of the application have been completed and submitted to the Division.
(f) Applications for permits that do not meet the standards in accordance with this Section shall be denied.
(g) Applications for renewal permits issued in accordance with this Rule shall be submitted to the Division at least 90
days prior to the expiration date of the permit. The Division shall notify permit holders of facility permit expiration dates
120 days prior to permit expiration.
(h) Applications for permit modification shall be required for the following changes:
(1) permitted area or field boundaries;
(2) property ownership;
(3) annual application rates;
(4) receiver crop; or
(5) types of septage discharged.
(i) Applications for renewal permits submitted in accordance with Paragraph (g) of this Rule and applications for permit
modifications shall not be required to resubmit the information required in Subparagraphs (c)(6), (8), (9), (10), (16), (17),
and (18) unless changes are made in those plans.
(j) Septage land application site permits shall not be transferable.
(k) Permit duration shall be in accordance with Rule .0832(a)(8) of this Section.

History Note: Authority G.S. 130A-291.1;
Eff. April 1, 2010;
Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0835).

15A NCAC 13B .0841 LOCATION OF SEPTAGE LAND APPLICATION SITES
(a) Soil characteristics (Morphology) that shall be evaluated are as follows:
(1) Texture The relative proportions of the sand, silt, and clay sized mineral particles in the fine-earth
fraction of the soil are referred to as soil texture. The texture of the different horizons of soils shall be
classified into three general groups and 12 soil textural classes based upon the relative proportions of
sand, silt, and clay sized mineral particles.
(A) Soil Group I Sandy Texture Soils: The sandy group includes the sand and loamy sand
textural classes.
(B) Soil Group II Coarse Loamy and Fine Loamy Texture Soils: The coarse loamy and fine
loamy group includes sandy loam, loam, silt, silt loam, sandy clay loam, clay loam, and silty
clay loam textural classes.
(C) Soil Group III Clayey Texture Soils: The clayey group includes sandy clay, silty clay, and
clay textural classes.
(2) The soil textural class shall be determined in the field by hand texturing samples of each soil horizon
in the soil profile using the following criteria:
(A) Sand: Sand has a gritty feel, does not stain the fingers, and does not form a ribbon or ball
when wet or moist;
(B) Loamy Sand: Loamy sand has a gritty feel, stains the fingers, forms a weak ball, and cannot
be handled without breaking;
(C) Sandy Loam: Sandy loam has a gritty feel and forms a ball that can be picked up with the
fingers and handled with care without breaking;
(D) Loam: Loam may have a slightly gritty feel but does not show a fingerprint and forms only
short ribbons of from 0.25 inch to 0.50 inch in length. Loam forms a ball that can be handled
without breaking;
(E) Silt Loam: Silt loam has a floury feel when moist and shows a fingerprint but does not form a
ribbon and forms only a weak ball;
(F) Silt: Silt has a floury feel when moist and sticky when wet but does not form a ribbon and
forms a ball that tolerates some handling;
(G) Sandy Clay Loam: Sandy clay loam has a gritty feel but contains enough clay to form a firm
ball and may form ribbons from 0.75 inch to one-inch long pieces;
(H) Silty Clay Loam: Silty clay loam is sticky when moist and forms a ribbon from one to two
inches. Rubbing silty clay loam with the thumbnail produces a moderate sheen. Silty clay
loam produces a distinct fingerprint;
(I) Clay Loam: Clay loam is sticky when moist. Clay loam forms a thin ribbon of one to two
inches in length and produces a slight sheen when rubbed with the thumbnail. Clay loam
produces a nondistinct fingerprint;
(J) Sandy Clay: Sandy clay is plastic, gritty, and sticky when moist and forms a firm ball and
produces a thin ribbon over two inches in length;
(K) Silty Clay: Silty clay is both plastic and sticky when moist and lacks gritty feeling. Silty clay
forms a ball and ribbons to over two inches in length;
(L) Clay: Clay is both sticky and plastic when moist, produces a thin ribbon over two inches in
length, produces a high sheen when rubbed with the thumbnail, and forms a strong ball
resistant to breaking;
(M) The Division shall allow laboratory determination of the soil textural class as defined in this
Section by particle-size analysis of the fine-earth fraction (less than 2.0 mm in size) using the
sand, silt, and clay particle sizes as defined in this Section for field testing when conducted in
accordance with ASTM standard test methods D6913 for sieve analysis or D7928 for
hydrometer analysis.
(3) Wetness Condition:
(A) Soil wetness conditions caused by a seasonal high water table, perched water table, tidal
water, or seasonally saturated soils shall be determined by observation of common soil
mottles of colors of chroma 2 or less, using the Munsell color chart, in mottle or a solid mass.
If drainage modifications have been made, the soil wetness conditions may be determined by
direct observation of the water surface in monitoring wells during periods of typically high
water elevations. However, colors of chroma 2 or less that are relic from minerals of the
parent material shall not be considered indicative of a soil wetness condition.
(B) Soils that do not meet the required depths to a soil wetness condition as set forth in
Subparagraphs (4) (7) of this Paragraph shall be considered unsuitable and septage shall
not be applied, unless the required depths may be maintained. Water table monitoring wells
may be utilized to determine the actual depth to a soil wetness condition. The Division may
limit discharges to certain months where soil wetness conditions are marginal for use.
(C) The required depth to a soil wetness condition is determined by the Soil Group Textural
Classification, as set forth in Subparagraphs (4) (7) of this Paragraph.
(4) Soil Group I soil shall be considered suitable where soil wetness conditions are deeper than 36 inches
below the point of septage application or incorporation.
(5) Soil Group II soils shall be considered suitable where soil wetness conditions are deeper than 24
inches below the point of septage application or incorporation.
(6) Soil Group III soils shall be considered suitable where soil wetness conditions are deeper than 18
inches below the point of septage application or incorporation.
(7) Depth to rock: soil depth shall be considered suitable where depth to rock is deeper than 24 inches
below the point of septage application or incorporation or deeper than 18 inches if the septage is
pretreated to accomplish pathogen reduction and surface applied over vegetation.
(8) Mine reclamation sites shall be considered on a case-by-case basis, based on compliance with the
Rules of this Section, the previous use of the mine, and the current condition of the mine.
(b) Septage land application sites shall not be located in the watershed of a Class WS-I stream. New septage land
application sites shall not be located in the water quality critical area of Class WS-II, WS-III, or WS-IV streams or
reservoirs. This prohibition shall not apply to those portions of a water supply watershed that are drained by Class B or
Class C streams.
(c) At the time of initial permitting, septage land application sites shall observe the minimum setback distances specified
in this Rule. Minimum setbacks shall be maintained throughout the life of the site only on land owned, operated, or
controlled by the permittee or by the landowner(s) at the time of initial permitting. Any sale, lease, or other conveyance
of land by the permittee, or by the landowner(s) if different from the permittee, subsequent to the initial permitting of the
site shall include restrictions to ensure continued maintenance of the setbacks.
(d) All septage disposal sites shall be located at least the minimum distance specified for the following:
(1) residence:
(A) not occupied by the applicant 500 feet;
(B) occupied by the applicant 100 feet;
(2) place of business, other than the septage management firm's office or related buildings, or place of
public assembly 500 feet;
(3) well or water supply spring 500 feet;
(4) surface waters stream classification shall be determined in accordance with 15A NCAC 02B .0301
through .0317 Assignment of Stream Classifications;
(5) fresh waters:
(A) Class WS-I, Class WS-II, or Class WS-III streams 300 feet;
(B) Class B stream 300 feet;
(C) Class C stream 200 feet;
(D) other streams and bodies of water 200 feet;
(6) tidal salt waters:
(A) Class SA or Class SB 300 feet from mean high water mark;
(B) Class SC and other coastal waters 200 feet from mean high water mark;
(7) supplemental classifications:
(A) trout waters and swim waters 200 feet;
(B) nutrient sensitive waters and outstanding resource waters 300 feet;
(8) groundwater lowering ditches and devices 100 feet;
(9) adjoining property under separate ownership or control 50 feet;
(10) public road right of ways 100 feet;
(11) food crops 50 feet;
(12) wetlands 50 feet;
(13) woods line five feet, unless greater distance is required as part of an erosion and runoff control plan;
(14) land application site on the same tract of land, permitted to a different operator 100 feet; and
(15) setbacks in Subparagraphs (d)(3), (4), (5), (6), (7), and (8) of this Rule may be reduced 50 percent
when septage is pretreated to accomplish pathogen reduction and when the land within the setback area
is in permanent, established grass with at least 95 percent cover or when the setback area is in forest
with a continuous canopy and a 95 percent forest litter cover. Accurate property line locations shall be
the responsibility of the site operator.
(e) Septage land application sites less than five acres in size, individual fields of a site less than two acres in size, and
sites with complex soil patterns or unusual shapes shall be permitted only if the applicant demonstrates to the Division
that the site will be managed for crop production and that septage will be applied with uniform distribution over the entire
permitted application area.
(f) Septage land application sites shall not be located where the slope of the land is greater than 12 percent unless all of
the conditions of this Paragraph are met:
(1) the site is in permanent, established grass with at least 95 percent cover or is in forest with a
continuous canopy and a 95 percent forest litter cover;
(2) the erosion and runoff management plans submitted to the Division in accordance with Rule
.0840(c)(14) of this Section shall indicate the following:
(A) management practices and discharge methods that will be used to reduce the potential for
run-off from the site and allow for the uniform distribution of septage over the entire
permitted application area; and
(B) location of potential surface water monitoring devices upslope and downslope from the area
proposed to be permitted and identification of sampling methods. Monitoring may be
required if there is an indication that septage is entering surface waters.
(3) The Division may increase setbacks or decrease application rates for the protection of surface waters;
and
(4) no site shall include slopes in excess of 25 percent.
(g) A new septage land application site shall not jeopardize the continued existence of threatened or endangered species
or result in the destruction or adverse modification of a critical habitat protected under the Federal Endangered Species
Act of 1973. Agricultural land shall not be considered potential habitat.
(h) Septage, or any part of septage, treated to meet the standard for Class A sewage sludge in accordance with the federal
regulations for pathogen reduction and vector attraction reduction in 40 CFR Part 503, Subpart D, may be permitted by
the Division for application to a public contact site, home lawns and gardens, or to be sold or given away in a bag or
other container, provided it can be demonstrated that pollutant limits in 40 CFR 503.13(b)(3) Table 3 Pollutant
Concentrations are not exceeded. Persons who prepare the septage, and persons who derive material from the septage,
shall comply with the applicable record keeping requirements in 40 CFR 503.17(a)(1), (2) or (6). Documentation and
certification by the operator that the treatment method meets the Class A standard shall be available to the Division upon
request. All treatment methods and facilities shall obtain a permit from the Division in accordance with Rule .0837 of this
Section.

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009;
Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0837).

15A NCAC 13B .0842 MANAGEMENT OF SEPTAGE LAND APPLICATION SITES
(a) General requirements for septage land application sites shall include the following:
(1) only domestic septage, as defined in G.S. 130A-290, shall be land applied or otherwise placed on a
septage land application site, unless specified in the permit;
(2) each site shall be posted with visible and legible "NO TRESPASSING" signs. All access roads or
paths crossing or leading to the disposal area shall be posted "NO TRESPASSING" and a visible and
legible sign stating "SEPTAGE LAND APPLICATION SITE" shall be maintained at each entrance to
the land application area;
(3) each site shall have an all weather access road;
(4) no hazardous wastes shall be permitted on the site;
(5) no site shall be permitted for land application of industrial or commercial septage unless the applicant
demonstrates to the Division that the strength of the organic and inorganic components of the septage
is within the normal range for domestic septage;
(6) treatment plant septage generated by the operation of a wastewater system permitted under Article 11
of Chapter 130A may be land applied at a septage land application site permitted under this Section;
(7) septage shall be applied to the surface of the land from a moving vehicle to have no standing liquid or
soil disturbance resulting from the waste flow after the discharge is complete;
(8) septage shall not be applied to a site if any liquid is ponded on the site or if the site is flooded, frozen,
or snow covered;
(9) septage shall not be applied to a site if the application method will result in ruts greater than three
inches in the soil surface;
(10) disposal area boundaries shall be marked on the ground while a site or any portion of a site is in use.
Markers shall be of adequate height and spacing such that they are visible and distinguishable from the
surrounding landscape for determining the disposal boundaries when the site is in use;
(11) all septage discharges shall be made at a location on the site consistent with the nutrient management
plan;
(12) all septage discharges, including aerial drift from discharges, shall be made within the permitted
boundaries of the land application site;
(13) land application of septage shall be limited to a maximum daily hydraulic application rate of one acre
inch;
(14) grease septage shall be diluted at least 1:1 from its concentration when pumped with domestic septage
or water if land applied over perennial vegetation. This dilution shall be increased if crop damage
occurs. This dilution requirement shall not apply to the liquid portion of grease septage that has been
treated to remove solids, fats, oils, and grease as long as crop damage does not occur;
(15) solids resulting from septage treatment shall not be land applied unless the solids are treated to meet
pathogen reduction and vector attraction reduction requirements in 40 CFR 503, and the permittee has
demonstrated to the Division that the solids will be land applied with uniform distribution over the
entire permitted application area at agronomic rates with standard agricultural spreading equipment;
(16) the site shall be managed to minimize soil erosion and surface water runoff. Appropriate soil and water
management practices shall be implemented and maintained in accordance with the erosion and run-off
management plan submitted in accordance with Rule .0840(c)(14) of this Section. All water control
structures shall be designed, installed, and maintained to control the run-off resulting from a 10-year
storm;
(17) approved nutrient management plans shall be followed;
(18) land application sites or portions of land application sites that do not follow the approved nutrient
management plan shall not be used for land application until brought into compliance with the nutrient
management plan;
(19) land application sites permitted for the management of grease septage, or commercial or industrial
septage, shall have a septage detention facility available, of adequate size to meet the requirement of
Subparagraph (a)(14) of this Rule; and
(20) a septage land application site permit holder or operator is responsible for the actions of any septage
management firm that the permit holder or operator allows to use his or her land application site.
(b) Maximum land application rates for septage shall be determined based upon the following:
(1) domestic septage land application rates shall be in accordance with 40 CFR 503.12(c);
(2) land application of domestic treatment plant septage shall not exceed the rate in 40 CFR 503.14(d);
(3) pollutant limits for regulated metals in 40 CFR 503.13 shall not be exceeded for any type of septage;
(4) grease septage shall be land applied at a rate that is equal to or less than the agronomic rate, but in no
case shall the application of untreated grease septage exceed 25,000 gallons per acre per year;
(5) sites permitted for the land application of grease septage shall meet the requirements of 40 CFR 257.3-
5;
(6) land application rates for septage treated to reduce solids, nutrients, or pollutants shall be determined
based on the analysis of the treated material;
(7) at least four analyses of treated liquid shall be required prior to receiving an adjusted land application
rate. Additional samples may be required for inconsistent analysis results;
(8) each analysis shall include nitrogen panel, phosphorus, potassium, soluble salts, pH, and regulated
metals except mercury, calcium, manganese, magnesium, iron, sulfur, boron and chlorine;
(9) after an adjusted land application rate is approved, sampling shall be required every 60 days for the
initial 12 months of operation;
(10) after the initial 12 months, wastes with consistent sample results shall be sampled quarterly; and
(11) land application rates for industrial or commercial septage, or commercial or industrial treatment plant
septage shall be determined as specified in Subparagraphs (b)(1) and (b)(2) of this Rule unless testing
determines that a lower rate is necessary due to other non-domestic pollutants.
(c) Septage treatment standards:
(1) domestic septage shall be treated in accordance with the requirements in 40 CFR 503 D (including
Appendix A and B) except that 503.33(b)(11) is not incorporated;
(2) grease septage, treated grease septage, industrial or commercial treatment plant septage, and industrial
or commercial septage shall be treated in accordance with 40 CFR 257.3-6 or treated by an equivalent
or more stringent process in 40 CFR 503 D;
(3) grease septage, or any part of grease septage, mixed with domestic septage shall be treated as grease
septage; and
(4) domestic treatment plant septage shall be treated to meet the pathogen reduction and the vector
attraction reduction requirements in 40 CFR 503 D.
(d) No one other than the permit holder shall land apply septage at a permitted site unless approved in writing by the
Division. The permit holder shall submit a written request and written authorization from the landowner(s), if different
from the permit holder. The request shall include the name of the firm requesting approval and the type and amount of
septage proposed to be discharged. The Division may approve the request if the land application activity, the permit
holder, and the firm requesting approval to land apply are in compliance with rules of this Section.
(e) Permit holders of septage land application sites shall develop and maintain records and reports to demonstrate
compliance with this Section and the permit requirements of each site.
(1) permit holders of sites receiving septage shall maintain a log which meets the requirements of 40 CFR
503.17(b);
(2) permit holders of all septage land application sites shall have all records and certifications and test
results required in accordance with this Section available for review during inspections by the Division
or upon the Division's request; and
(3) the permit holder of a site where more than one septage management firm has been authorized by the
Division to discharge septage shall submit a monthly report to the Division that shall include the
following information for each discharge: the date and quantity of each discharge, the type of septage
discharged, and the name of the septage management firm discharging.
(f) Septage shall not be land applied at a new septage land application site until a representative of the Division has
inspected the site to determine compliance with these rules and consistency with the permit application and all permit
conditions.

History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009;
Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0838).

15A NCAC 13B .0843 SAMPLING AND ANALYSIS
(a) Monitoring or sample collection, handling, and analysis required by this Section and all costs involved shall be the
responsibility of the septage management firm permit holder.
(b) The permit holder of a septage land application site shall obtain representative soil samples once every two years
from each field, as designated in permit, during the last quarter of the calendar year.
(c) Soil samples shall be analyzed for cation exchange capacity, pH, phosphorus, potassium, calcium, manganese,
magnesium, zinc, and copper. If the results for zinc analysis are equal to or above 30 pounds per acre or the results for
copper analysis are equal to or above 35 pounds per acre, analysis for the metals listed in Rule .0840(c)(10)(B) of this
Section shall be required. Sites permitted to receive septage other than domestic septage shall be analyzed for cadmium to
determine compliance with 40 CFR 257.3-5.
(d) Domestic septage and grease septage shall be monitored in accordance with 40 CFR 503.16(b).
(e) Domestic treatment plant septage proposed to be land applied at a permitted septage land application site shall be
sampled before the initial application, and annually thereafter, prior to being removed from a treatment facility. Samples
shall be analyzed for:
(1) Metals listed in 40 CFR 503.13; and
(2) Total solids, pH, ammonia, nitrates, total kjeldahl nitrogen (TKN), biochemical oxygen demand
(BOD), chemical oxygen demand (COD), total phosphorus, potassium, sodium, and magnesium.
(f) Industrial or commercial septage proposed to be land applied at a permitted septage land application site shall be
sampled prior to being removed from a wastewater system. Analytical results shall be submitted to the Division prior to
the issuance of a permit or approval to land apply the septage. Samples shall be analyzed for:
(1)Metals listed in 40 CFR 503.13;
(2) Total solids, pH, ammonia, nitrates, TKN, BOD, COD, total phosphorus, potassium, sodium, and
magnesium; and
(3) Organic chemicals, using a complete EPA Test Method 1311 Toxicity Characteristic Leaching
Procedure or other appropriate analysis, such as EPA Test Method 8260 Volatile Organic Compounds
by Gas Chromatography/Mass Spectrometry or 8270 Semivolatile Organic Compounds by Gas
Chromatography/Mass Spectrometry, unless an examination of the industrial process and the material
used indicates less extensive analysis is acceptable.
(g)Sample analysis required by this Section shall be performed either by the North Carolina Department of Agriculture
and Consumer Services laboratory or by a laboratory certified by the North Carolina Division of Water Resources for
waste analysis. Analysis for inorganic constituents shall be conducted in accordance with 40 CFR 503.8.
History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009;
Amended Eff. May 1, 2017;
Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0840).
15A NCAC 13B .0844 LAND APPLICATION SITE LAND USE AND SITE CLOSURE
(a) Upon closure of a land application site permitted in accordance with this Section, the site shall meet the site
restriction requirements set forth in 40 CFR 503.32(c)(1).
(b) Nursery and horticultural products, trees and other forest products, such as pine straw and pine bark, shall not be
harvested or gathered for 30 days after septage application.
(c)Public access is to be controlled in accordance with 40 CFR 503.32(c)(1).
(d) The permit holder or operator of the site shall submit a written notification to the Division at least 30 days prior to
final closure of a septage land application site in order to schedule a site inspection for determination of compliance with
this Section. The notification shall include the permit number, the date of cease of operations, and the signature of the
operator.
(e)Prior to final closure, the soil pH of the site shall be raised to 6.5, unless the fertility requirements for crops to be
grown in the following year dictate less.
History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009;
Readopted Eff. February 1, 2019 (Recodified from 15A NCAC 13B .0843).
15A NCAC 13B .0845 REVOCATION OF PERMITS
History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009;
Repealed Eff. February 1, 2019.
15A NCAC 13B .0846 APPEALS
Appeals shall be made in accordance with G.S. 150B, Article 3.
History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009;
Readopted Eff. February 1, 2019.