Septage Rules Handout for New Operator Class

G.S. 130A-290 Page 1
Article 9.
Solid Waste Management.
Part 1. Definitions.
§ 130A-290. Definitions.
(a) Unless a different meaning is required by the context, the following definitions shall
apply throughout this Article:
(1) "Affiliate" has the same meaning as in 17 Code of Federal Regulations §
240.12b-2 (1 April 1996 Edition).
(1a) "Business entity" has the same meaning as in G.S. 55-1-40(2a).
(1b) "CERCLA/SARA" means the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767,
42 U.S.C. § 9601 et seq., as amended, and the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613, as
amended.
(1c) "Chemical or portable toilet" means a self-contained mobile toilet facility
and holding tank and includes toilet facilities in recreational vehicles.
(1d) "Chlorofluorocarbon refrigerant" means any of the following when used as a
liquid heat transfer agent in a mechanical refrigeration system: carbon
tetrachloride, chlorofluorocarbons, halons, or methyl chloroform.
(2) "Closure" means the cessation of operation of a solid waste management
facility and the act of securing the facility so that it will pose no significant
threat to human health or the environment.
(2a) Recodified as subdivision (a)(2d) at the direction of the Revisor of Statutes.
See note.
(2b) "Coal combustion residuals" means residuals, including fly ash, bottom ash,
boiler slag, mill rejects, and flue gas desulfurization residue produced by a
coal-fired generating unit destined for disposal. The term does not include
coal combustion products as defined in G.S. 130A-309.201(4).
(2c) "Coal combustion residuals landfill" means a facility or unit for the disposal
of combustion products, where the landfill is located at the same facility
with the coal-fired generating unit or units producing the combustion
products, and where the landfill is located wholly or partly on top of a
facility that is, or was, being used for the disposal or storage of such
combustion products, including, but not limited to, landfills, wet and dry ash
ponds, and structural fill facilities.
(2d) "Coal-fired generating unit" means a coal-fired generating unit, as defined
by 40 Code of Federal Regulations § 96.2 (1 July 2001 Edition), that is
located in this State and has the capacity to generate 25 or more megawatts
of electricity.
(3) "Commercial" when applied to a hazardous waste facility, means a
hazardous waste facility that accepts hazardous waste from the general
public or from another person for a fee.
(3a) "Commission" means the Environmental Management Commission.
(4) "Construction" or "demolition" when used in connection with "waste" or
"debris" means solid waste resulting solely from construction, remodeling,
repair, or demolition operations on pavement, buildings, or other structures,
but does not include inert debris, land-clearing debris or yard debris.
(4a) "Department" means the Department of Environmental Quality.

G.S. 130A-290 Page 2
(5) Repealed by Session Laws 1995 (Regular Session, 1996), c. 594, s. 1.
(6) "Disposal" means the discharge, deposit, injection, dumping, spilling,
leaking or placing of any solid waste into or on any land or water so that the
solid waste or any constituent part of the solid waste may enter the
environment or be emitted into the air or discharged into any waters,
including groundwaters.
(7) "Garbage" means all putrescible wastes, including animal offal and
carcasses, and recognizable industrial by-products, but excluding sewage
and human waste.
(8) "Hazardous waste" means a solid waste, or combination of solid wastes,
which because of its quantity, concentration or physical, chemical or
infectious characteristics may:
a. Cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness; or
b. Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed
of or otherwise managed.
(8a) "Hazardous waste constituent" has the same meaning as in 40 Code of
Federal Regulations § 260.10 (1 July 2006).
(9) "Hazardous waste facility" means a facility for the collection, storage,
processing, treatment, recycling, recovery, or disposal of hazardous waste.
Hazardous waste facility does not include a hazardous waste transfer facility
that meets the requirements of 40 Code of Federal Regulations § 263.12 (1
July 2006).
(10) "Hazardous waste generation" means the act or process of producing
hazardous waste.
(11) "Hazardous waste disposal facility" means any facility or any portion of a
facility for disposal of hazardous waste on or in land in accordance with
rules adopted under this Article.
(12) "Hazardous waste management" means the systematic control of the
collection, source separation, storage, transportation, processing, treatment,
recovery and disposal of hazardous wastes.
(13) "Hazardous waste management program" means the program and activities
within the Department pursuant to Part 2 of this Article, for hazardous waste
management.
(13a) "Hazardous waste transfer facility" means a facility or location where a
hazardous waste transporter stores hazardous waste for a period of more than
24 hours but less than 10 days.
(13b) "Industrial solid waste" means solid waste generated by manufacturing or
industrial processes that is not hazardous waste.
(14) "Inert debris" means solid waste which consists solely of material that is
virtually inert and that is likely to retain its physical and chemical structure
under expected conditions of disposal.
(15) "Land-clearing debris" means solid waste which is generated solely from
land-clearing activities.
(16) "Landfill" means a disposal facility or part of a disposal facility where waste
is placed in or on land and which is not a land treatment facility, a surface
impoundment, an injection well, a hazardous waste long-term storage
facility or a surface storage facility.

G.S. 130A-290 Page 3
(16a) "Leachate" means a liquid that has passed through or emerged from solid
waste and contains soluble, suspended, or miscible materials removed from
such waste. The term "leachate" does not include liquid adhering to tires of
vehicles leaving a sanitary landfill and transfer stations.
(17) "Manifest" means the form used for identifying the quantity, composition
and the origin, routing and destination of hazardous waste during its
transportation from the point of generation to the point of disposal, treatment
or storage.
(17a) "Medical waste" means any solid waste which is generated in the diagnosis,
treatment, or immunization of human beings or animals, in research
pertaining thereto, or in the production or testing of biologicals, but does not
include any hazardous waste identified or listed pursuant to this Article,
radioactive waste, household waste as defined in 40 Code of Federal
Regulations § 261.4(b)(1) in effect on 1 July 1989, or those substances
excluded from the definition of "solid waste" in this section.
(18) "Motor vehicle oil filter" means a filter that removes impurities from the oil
used to lubricate an internal combustion engine in a motor vehicle.
(18a) "Municipal solid waste" means any solid waste resulting from the operation
of residential, commercial, industrial, governmental, or institutional
establishments that would normally be collected, processed, and disposed of
through a public or private solid waste management service. Municipal solid
waste does not include hazardous waste, sludge, industrial waste managed in
a solid waste management facility owned and operated by the generator of
the industrial waste for management of that waste, or solid waste from
mining or agricultural operations.
(18b) "Municipal solid waste management facility" means any publicly or
privately owned solid waste management facility permitted by the
Department that receives municipal solid waste for processing, treatment, or
disposal.
(19) "Natural resources" means all materials which have useful physical or
chemical properties which exist, unused, in nature.
(20) "Open dump" means any facility or site where solid waste is disposed of that
is not a sanitary landfill and that is not a coal combustion residuals surface
impoundment or a facility for the disposal of hazardous waste.
(21) "Operator" means any person, including the owner, who is principally
engaged in, and is in charge of, the actual operation, supervision, and
maintenance of a solid waste management facility and includes the person in
charge of a shift or periods of operation during any part of the day.
(21a) "Parent" has the same meaning as in 17 Code of Federal Regulations §
240.12b-2 (1 April 1996 Edition).
(22) "Person" means an individual, corporation, company, association,
partnership, unit of local government, State agency, federal agency or other
legal entity.
(22a) "Pre-1983 landfill" means any land area, whether publicly or privately
owned, on which municipal solid waste disposal occurred prior to 1 January
1983 but not thereafter, but does not include any landfill used primarily for
the disposal of industrial solid waste.
(23) "Processing" means any technique designed to change the physical,
chemical, or biological character or composition of any solid waste so as to

G.S. 130A-290 Page 4
render it safe for transport; amenable to recovery, storage or recycling; safe
for disposal; or reduced in volume or concentration.
(24) "Recovered material" means a material that has known recycling potential,
can be feasibly recycled, and has been diverted or removed from the solid
waste stream for sale, use, or reuse. In order to qualify as a recovered
material, a material must meet the requirements of G.S. 130A-309.05(c).
(25) "RCRA" means the Resource Conservation and Recovery Act of 1976, Pub.
L. 94-580, 90 Stat. 2795, 42 U.S.C. § 6901 et seq., as amended.
(26) "Recyclable material" means those materials which are capable of being
recycled and which would otherwise be processed or disposed of as solid
waste.
(27) "Recycling" means any process by which solid waste, or materials which
would otherwise become solid waste, are collected, separated, or processed,
and reused or returned to use in the form of raw materials or products.
(28) "Refuse" means all nonputrescible waste.
(28a) "Refuse-derived fuel" means fuel that consists of municipal solid waste from
which recyclable and noncombustible materials are removed so that the
remaining material is used for energy production.
(29) "Resource recovery" means the process of obtaining material or energy
resources from discarded solid waste which no longer has any useful life in
its present form and preparing the solid waste for recycling.
(30) "Reuse" means a process by which resources are reused or rendered usable.
(31) "Sanitary landfill" means a facility for disposal of solid waste on land in a
sanitary manner in accordance with the rules concerning sanitary landfills
adopted under this Article.
(31a) "Secretary" means the Secretary of Environmental Quality.
(32) "Septage" means solid waste that is a fluid mixture of untreated and partially
treated sewage solids, liquids, and sludge of human or domestic origin which
is removed from a wastewater system. The term septage includes the
following:
a. Domestic septage, which is either liquid or solid material removed
from a septic tank, cesspool, portable toilet, Type III marine
sanitation device, or similar treatment works receiving only domestic
sewage. Domestic septage does not include liquid or solid material
removed from a septic tank, cesspool, or similar treatment works
receiving either commercial wastewater or industrial wastewater and
does not include grease removed from a grease trap at a restaurant.
b. Domestic treatment plant septage, which is solid, semisolid, or liquid
residue generated during the treatment of domestic sewage in a
treatment works where the designed disposal is subsurface. Domestic
treatment plant septage includes, but is not limited to, scum or solids
removed in primary, secondary, or advanced wastewater treatment
processes and a material derived from domestic treatment plant
septage. Domestic treatment plant septage does not include ash
generated during the firing of domestic treatment plant septage in an
incinerator or grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works.
c. Grease septage, which is material pumped from grease interceptors,
separators, traps, or other appurtenances used for the purpose of

G.S. 130A-290 Page 5
removing cooking oils, fats, grease, and food debris from the waste
flow generated from food handling, preparation, and cleanup.
d. Industrial or commercial septage, which is material pumped from
septic tanks or other devices used in the collection, pretreatment, or
treatment of any water-carried waste resulting from any process of
industry, manufacture, trade, or business where the design disposal of
the wastewater is subsurface. Domestic septage mixed with any
industrial or commercial septage is considered industrial or
commercial septage.
e. Industrial or commercial treatment plant septage, which is solid,
semisolid, or liquid residue generated during the treatment of sewage
that contains any waste resulting from any process of industry,
manufacture, trade, or business in a treatment works where the
designed disposal is subsurface. Industrial or commercial treatment
plant septage includes, but is not limited to, scum or solids removed
in primary, secondary, or advanced wastewater treatment processes
and a material derived from domestic treatment plant septage.
Industrial or commercial treatment plant septage does not include ash
generated during the firing of industrial or commercial treatment
plant septage in an incinerator or grit and screenings generated
during preliminary treatment of domestic sewage in a treatment
works.
(33) "Septage management firm" means a person engaged in the business of
pumping, transporting, storing, treating or disposing septage. The term does
not include public or community wastewater systems that treat or dispose
septage.
(34) "Sludge" means any solid, semisolid or liquid waste generated from a
municipal, commercial, institutional or industrial wastewater treatment plant,
water supply treatment plant or air pollution control facility, or any other
waste having similar characteristics and effects.
(35) "Solid waste" means any hazardous or nonhazardous garbage, refuse or
sludge from a waste treatment plant, water supply treatment plant or air
pollution control facility, domestic sewage and sludges generated by the
treatment thereof in sanitary sewage collection, treatment and disposal
systems, and other material that is either discarded or is being accumulated,
stored or treated prior to being discarded, or has served its original intended
use and is generally discarded, including solid, liquid, semisolid or contained
gaseous material resulting from industrial, institutional, commercial and
agricultural operations, and from community activities. Notwithstanding
sub-sub-subdivision b.3. of this subdivision, the term includes coal
combustion residuals. The term does not include:
a. Fecal waste from fowls and animals other than humans.
b. Solid or dissolved material in:
1. Domestic sewage and sludges generated by treatment thereof
in sanitary sewage collection, treatment and disposal systems
which are designed to discharge effluents to the surface
waters.
2. Irrigation return flows.
3. Wastewater discharges and the sludges incidental to and
generated by treatment which are point sources subject to

G.S. 130A-290 Page 6
permits granted under Section 402 of the Water Pollution
Control Act, as amended (P.L. 92-500), and permits granted
under G.S. 143-215.1 by the Commission, including coal
combustion products. However, any sludges that meet the
criteria for hazardous waste under RCRA shall also be a solid
waste for the purposes of this Article.
c. Oils and other liquid hydrocarbons controlled under Article 21A of
Chapter 143 of the General Statutes. However, any oils or other
liquid hydrocarbons that meet the criteria for hazardous waste under
RCRA shall also be a solid waste for the purposes of this Article.
d. Any source, special nuclear or byproduct material as defined by the
Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011).
e. Mining refuse covered by the North Carolina Mining Act, G.S. 74-46
through 74-68 and regulated by the North Carolina Mining
Commission (as defined under G.S. 143B-293.1). However, any
specific mining waste that meets the criteria for hazardous waste
under RCRA shall also be a solid waste for the purposes of this
Article.
f. Recovered material.
g. Steel slag that is a product of the electric arc furnace steelmaking
process; provided, that such steel slag is sold and distributed in the
stream of commerce for consumption, use, or further processing into
another desired commodity and is managed as an item of commercial
value in a controlled manner and not as a discarded material or in a
manner constituting disposal.
(36) "Solid waste disposal site" means any place at which solid wastes are
disposed of by incineration, sanitary landfill or any other method.
(37) "Solid waste generation" means the act or process of producing solid waste.
(38) "Solid waste management" means purposeful, systematic control of the
generation, storage, collection, transport, separation, treatment, processing,
recycling, recovery and disposal of solid waste.
(39) "Solid waste management facility" means land, personnel and equipment
used in the management of solid waste.
(40) "Special wastes" means solid wastes that can require special handling and
management, including white goods, whole tires, used oil, lead-acid
batteries, and medical wastes.
(41) "Storage" means the containment of solid waste, either on a temporary basis
or for a period of years, in a manner which does not constitute disposal.
(41a) "Subsidiary" has the same meaning as in 17 Code of Federal Regulations §
240.12b-2 (1 April 1996 Edition).
(41b) "Tire-derived fuel" means a form of fuel derived from scrap tires.
(42) "Treatment" means any method, technique or process, including
neutralization, designed to change the physical, chemical or biological
character or composition of any hazardous waste so as to neutralize such
waste or so as to render such waste nonhazardous, safer for transport,
amenable for recovery, amenable for storage or reduced in volume.
"Treatment" includes any activity or processing designed to change the
physical form or chemical composition of hazardous waste so as to render it
nonhazardous.

G.S. 130A-290 Page 7
(43) "Unit of local government" means a county, city, town or incorporated
village.
(44) "White goods" includes refrigerators, ranges, water heaters, freezers, unit air
conditioners, washing machines, dishwashers, clothes dryers, and other
similar domestic and commercial large appliances.
(44a) "Wooden pallet" means a wooden object consisting of a flat or horizontal
deck or platform supported by structural components that is used as a base
for assembling, stacking, handling, and transporting goods.
(45) "Yard trash" means solid waste consisting solely of vegetative matter
resulting from landscaping maintenance.
(b) Unless a different meaning is required by the context, the following definitions shall
apply throughout G.S. 130A-309.15 through G.S. 130A-309.24:
(1) "Public used oil collection center" means:
a. Automotive service facilities or governmentally sponsored collection
facilities, which in the course of business accept for disposal small
quantities of used oil from households; and
b. Facilities which store used oil in aboveground tanks, which are
approved by the Department, and which in the course of business
accept for disposal small quantities of used oil from households.
(2) "Reclaiming" means the use of methods, other than those used in rerefining,
to purify used oil primarily to remove insoluble contaminants, making the oil
suitable for further use; the methods may include settling, heating,
dehydration, filtration, or centrifuging.
(3) "Recycling" means to prepare used oil for reuse as a petroleum product by
rerefining, reclaiming, reprocessing, or other means or to use used oil in a
manner that substitutes for a petroleum product made from new oil.
(4) "Rerefining" means the use of refining processes on used oil to produce
high-quality base stocks for lubricants or other petroleum products.
Rerefining may include distillation, hydrotreating, or treatments employing
acid, caustic, solvent, clay, or other chemicals, or other physical treatments
other than those used in reclaiming.
(5) "Used oil" means any oil which has been refined from crude oil or synthetic
oil and, as a result of use, storage, or handling, has become unsuitable for its
original purpose due to the presence of impurities or loss of original
properties, but which may be suitable for further use and is economically
recyclable.
(6) "Used oil recycling facility" means any facility that recycles more than
10,000 gallons of used oil annually. (1969, c. 899; 1975, c. 311, s. 2; 1977,
2nd Sess., c. 1216; 1979, c. 464, s. 1; 1981, c. 704, s. 4; 1983, c. 795, ss. 1,
8.1; c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 973, s. 2; 1985, c. 738, s. 1;
1987, c. 574, s. 1; 1987 (Reg. Sess., 1988), c. 1020, s. 1; c. 1058, s. 1; 1989,
c. 168, s. 11; c. 742, s. 5; c. 784, s. 1; 1991, c. 342, s. 7; c. 621, s. 1; 1991
(Reg. Sess., 1992), c. 1013, s. 7; 1993, c. 173, ss. 1-3; c. 471, ss. 1, 2; 1995
(Reg. Sess., 1996), c. 594, ss. 1-5; 1997-27, s. 1; 1997-330, s. 3; 1997-443, s.
11A.81; 2005-362, s. 1; 2007-107, ss. 1.1(c), 1.8(a), (b); 2007-550, ss. 7(a),
12(a), (b); 2012-143, s. 1(d); 2013-413, s. 59.3; 2014-4, s. 5(c); 2014-115, s.
17; 2014-122, s. 3(d); 2015-1, s. 2(a); 2015-241, ss. 14.30(u), (v).)
G.S. 130A-291.1 Page 1
§ 130A-291.1. Septage management program; permit fees.
(a)The Department shall establish and administer a septage management program in
accordance with the provisions of this section.
(b)For the protection of the public health, the Commission shall adopt rules governing
the management of septage. The rules shall include, but are not limited to, criteria for the sanitary
management of septage, including standards for the transportation, storage, treatment, and
disposal of septage; operator registration and training; the issuance, suspension, and revocation
of permits; and procedures for the payment of annual fees.
(c)No septage management firm shall commence or continue operation that does not
have a permit issued by the Department. The permit shall be issued only when the septage
management firm satisfies all of the requirements of the rules adopted by the Commission.
Within 90 days of receiving a complete permit application, the Department shall grant or deny
the permit in accordance with G.S. 130A-294(a)(4). A septage management firm that commences
operation without first having obtained a permit shall cease to operate until the firm obtains a
permit under this section and shall pay an initial annual fee equal to twice the amount of the
annual fee that would otherwise be applicable under subsection (e) of this section.
(d)Septage shall be treated and disposed only at a wastewater system that has been
approved by the Department under rules adopted by the Commission or at a site that is permitted
by the Department under this section. A permit shall be issued only if the site satisfies all of the
requirements of the rules adopted by the Commission.
(e)A septage management firm that operates one pumper truck shall pay an annual fee
of five hundred fifty dollars ($550.00) to the Department. A septage management firm that
operates two or more pumper trucks shall pay an annual fee of eight hundred dollars ($800.00)
to the Department.
(e1) An individual who operates a septage treatment or disposal facility but who does not
engage in the business of pumping, transporting, or disposing of septage shall pay an annual fee
of two hundred dollars ($200.00).
(e2) A properly completed application for a permit and the annual fee under this section
are due by December 15 of each year. The Department shall mail a notice of the annual fees to
each permitted septage management firm and each individual who operates a septage treatment
or disposal facility prior to October 1 of each calendar year. A late fee in the amount equal to
fifty percent (50%) of the annual permit fee under this section shall be submitted when a properly
completed application and annual permit fee are not submitted by January 1 following the
October 1 notice. The clear proceeds of civil penalties collected pursuant to this subsection shall
be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(e3) The Septage Management Account is established as a nonreverting account within
the Department. Fees collected under this section shall be placed in the Septage Management
Account and shall be applied only to the costs of the septage management program.
(e4) Permits for new septage management firm operators and permits for septage
management firm operators that have not operated a septage management firm in the 24 months
immediately preceding the submittal of an application shall be considered probationary for 12
months. The Department may revoke any probationary permit of a firm or an individual that
violates any provision of this section, G.S. 130A-291.2, G.S. 130A-291.3, or any rule adopted
under these sections. If the Department revokes a probationary permit issued to a firm or
individual, the Department shall not issue another permit to that firm or individual, and the firm
or individual may not engage in any septage management activity for a period of 12 months. In
the event of a change in ownership or corporate structure, the permit shall be amended to reflect
the change in ownership, corporate structure, and contact information upon Department approval
of the application for permit amendment.
G.S. 130A-291.1 Page 2
(e5) The Department shall provide technical and regulatory assistance to permit applicants
and permit holders. Assistance may include, but is not limited to, taking soil samples on proposed
and permitted septage land application sites and providing required training to permit applicants
and permit holders.
(f) All wastewater systems designed to discharge effluent to the surface waters may
accept, treat, and dispose septage from permitted septage management firms, unless acceptance
of the septage would constitute a violation of the permit conditions of the wastewater system.
The wastewater system may charge a reasonable fee for acceptance, treatment, and disposal of
septage based on a fee schedule that takes into account septage composition and quantity and
that is consistent with other charges for use of that system.
(g) Production of a crop in accordance with an approved nutrient management plan on
land that is permitted as a septage land application site is a bona fide farm purpose under G.S. 160D-903(a).
(h) The Department shall inspect each septage land application site at least twice a year
and shall inspect the records associated with each septage land application site at least annually.
The Department shall inspect each pumper truck used for septage management at least once every
two years.
(h1) The annual permit application shall identify the pumper trucks and vehicles to be used
by the septage management firm. Pumper trucks and vehicles used in the transportation,
containment, or consolidation of liquid septage shall be listed by the septage management firm
on its permit and inspected and regulated as vehicles by the Department but shall not be regulated
as septage detention facilities. Equipment used in the containment and consolidation of septage
shall be regulated as septage detention or treatment sites and require a permit. All pumper trucks
and vehicles used by a permitted septage management firm shall meet all federal and State
highway laws or have a maximum capacity of no more than 21,000 gallons. A permitted septage
management firm shall notify the Department within 10 days of placing a pumper truck or vehicle
in service that was not previously included in a permit issued to the firm and shall make the
pumper truck or vehicle available for inspection by the Department. A septage management firm
is not prohibited from use of a pumper truck or vehicle that meets the requirements of the rules
adopted by the Commission prior to inspection by the Department. All pumper trucks and
vehicles that are listed on the approved septage management firm's permit may remain loaded or
partially loaded for no more than seven days. All pumper trucks and vehicles used in the
transportation, containment, or consolidation of septage that are listed on the approved septage
management firm's permit shall be located on the premises of a septage management facility or
on the property of another party by legal agreement of the septage management firm and the
property owner.
(i) The Department shall approve innovative or alternative septage treatment or storage
methods that are demonstrated to protect the public health and the environment.
(j) Septage generated by the operation of a wastewater system permitted under Article
11 of this Chapter may be managed as provided in this section and may be land applied at a
septage land application site permitted under this section. (1987 (Reg. Sess., 1988), c. 1058, s.
2; 1991 (Reg. Sess., 1992), c. 1039, s. 8; 1993, c. 173, s. 4; 2001-505, s. 1.1; 2005-276, s. 6.37(t);
2006-255, s. 5.1(a); 2012-200, s. 15; 2014-122, s. 11(b); 2020-78, s. 7.1; 2021-83, s. 1.)
G.S. 130A-291.2 Page 1
§ 130A-291.2. Temporary domestic wastewater holding tanks.
When a permanent domestic wastewater collection and treatment system is not available at
a construction site or a temporary special event, a temporary wastewater holding tank of
adequate capacity to prevent overflow may be used under a mobile or modular office to
accommodate domestic wastewater from a commode and sink. The wastewater shall be
removed often enough to prevent the temporary domestic wastewater holding tank from
overflowing. The owner or lessee of a temporary construction trailer shall contract with a
registered septage management firm or registered portable toilet sanitation firm for the removal
of domestic waste. The wastewater shall be removed from the temporary domestic wastewater
holding tank by a septage management firm holding a current permit to operate a septage firm.
(2001-505, s. 1.2.)

G.S. 130A-291.3 Page 1
§ 130A-291.3. Septage operator training required.
(a) Each septage management firm operator shall attend a training course approved
pursuant to subsection (d) of this section of no less than four hours of instruction per year. New
septage management firm operators and those that have not operated a septage management firm
in the 24 months preceding the submittal of an application shall complete the training before
commencing operation.
(b) Each septage land application site operator shall attend a training course approved
pursuant to subsection (d) of this section of no less than three hours of instruction per year. New
septage land application site operators and those that have not operated a septage land application
site in the 24 months preceding the submittal of an application shall complete the training before
commencing operation. The Department shall notify all septage management firm operators of
changes to rules no later than 30 days after those changes have been adopted by the Commission
and shall post all septage management program rules to its website.
(c) Upon the completion of the permit requirements under G.S. 130A-291.1 and the
training requirements under this section, the Department shall issue the septage management firm
a certificate to operate as a registered portable sanitation firm or a registered septage management
firm, or both.
(d) The Department shall develop and maintain a list of approved instruction courses that
have a direct or indirect relevance to septage management firms, septage land application site
operators, and septage detention or treatment facility operators. The instruction courses shall be
technical in nature and address business management practices, professional ethics, quality
assurance, codes, or similar topics which facilitate professional development and serve to
safeguard health, safety, and welfare of citizens. The Department may approve additional training
courses on a case-by-case basis. (2001-505, s. 1.2; 2021-83, s. 2.)
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The official rule set can be found at www.ncoah.com
SECTION .0800 - SEPTAGE MANAGEMENT
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:
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(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;
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(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;
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(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;
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(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.
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(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;
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(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
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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
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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,
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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;
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(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;
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(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.
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(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
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(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;
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(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;
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(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;
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(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;
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(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).
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(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.