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Home My WebLink About13B_.0800_HearingOfficersReport[on HEARING OFFICER'S REPORT OF PROCEEDINGS OF PUBLIC HEARING AND COMMENT PERIOD Readoption and Amendments to 15A NCAC 13B .0830 - .0846 Septage Management Environmental Management Commission November 8, 2018 C-2 Basic Information Commission: Environmental Management Commission (EMC) (Groundwater and Waste Management Committee) Agency Department of Environmental Quality, Division of Waste Management, Solid Waste Section Title Septage Management Citations 15A NCAC 13B .0830 - .0846 Description of the Proposed It is the responsibility of the Division of Waste Management to regulate Rules how solid waste is managed within the state under the statutory authority of the Solid Waste Management Act, Article 9 of Chapter 130A of the General Statutes; and specifically regulates septage management under the statutory authority of G.S. 130A-291.1. Rules 15A NCAC 13B .0830 - .0846 collectively establish standards for the transportation, storage, treatment, and disposal of septage; operator registration and training; the issuance and closure of permits; and procedures for the payment of annual fees. Agency Contact Jessica Montie Environmental Program Consultant Jessica.Montie@ncdenr.gov (919) 707-8247 Authority G.S. 130A-291.1; G.S. 150B-21.3A Statement of Necessity Rules .0831 - .0846 are proposed for readoption in accordance with G.S. 150B-21.3A. Rule .0830 is proposed for amendment to make some clarifying changes and updates. Hearing Officer EMC Commissioner Dr. Albert Rubin Comment Period August 15, 2018 to October 15, 2018 Public Hearing September 6, 2018 Comment Summary No comments were received on the proposed rules at the public hearing. One comment was received on the proposed rules during the public comment period. Four comments were received prior to the comment period and were addressed in amendments made prior to publication. Appendices 1 — Notice of Text Published in the NC Register 2 — Hearing Transcript and Attendance Sheet 3 — Comments Received and Addressed Prior to the Comment Period 4 — Comment Received During the Comment Period 5 — Hearing Officer Designation Memo 6 — Agency Head Certification C-3 Rule Summary and Background It is the responsibility of the Division of Waste Management (Division) Solid Waste Section (Section) to regulate how solid waste is managed within the state under the statutory authority of the Solid Waste Management Act, Article 9 of Chapter 130A of the General Statutes. State rules governing solid waste management are found in Title 15A, Subchapter 13B of the North Carolina Administrative Code. Rules adopted under the authority of 130A-291.1 which govern the management of septage are found in Subchapter 13B, Rules .0830 - .0846 Septage Management. Rules .0831 - .0846 are proposed for readoption pursuant to G.S. 15013-21.3A, and are required to be readopted by the deadline established by the RRC of April 30, 2021. Rule .0830 is being proposed for amendment to update addresses and make clarifications, and Rule .0845 is being repealed through readoption. The North Carolina Office of State Budget and Management approved the Regulatory Impact Analysis for these rules on May 18, 2018, and the analysis indicated no impact to state or local government and no substantial economic impact as a result of the amendments. Summary of Public Comment and Hearing The proposed rules and the Regulatory Impact Analysis was approved by the EMC to proceed to public comment and hearing at the July 12, 2018 meeting. The proposed rules were published in the NC Register, and the proposed rules and Regulatory Impact Analysis were published on the Department's website throughout the public comment period from August 15, 2018 to October 15, 2018. The Notice of Text is included in Appendix 1. The Department also sent a link to the published notice and regulatory impact analysis for public comment to interested parties, including septage permit holders and local government solid waste contacts, via e-mail on August 14, 2018. Public Hearin The public hearing took place on September 6, 2018 at 217 West Jones Street, Raleigh. Commissioner Dr. Albert Rubin served as the hearing officer for the public hearing. The hearing transcript and attendance sheet can be found in Appendix 2. S. Henri McClees, NC Pumper Group, attended the hearing. No comments were received at the hearing. Comments Received Prior to the Public Comment Period (see Appendix 3) Comment #1: Rule .0831, Definition 14 defines SHWT as in "soil". What if the groundwater is in rock beneath the proposed landfill? Would this geological condition preclude the requirement to determine the SHWT? Submitted By: Jonathan Pfohl, Municipal Engineering Services Date: September 16, 2016 Agency Response: As 15A NCAC 13B Section .0800 Septage Management and the definitions contained therein do not pertain to landfills, the comment will be addressed at a later date during the readoption of the rules in Subchapter 13B pertaining to landfills. Comment #2: A technical specialist, as defined in the proposed rules (15A NCAC 13B .0831), is "an individual designated by the Soil and Water Conservation Commission, pursuant to rules adopted by that Commission, to certify animal waste management plans." The Soil and Water Conservation Commission (SWCC) categorizes technical specialists into seven different designations, several of which are not specifically development of animal waste management plans. We do not have any training available nor expertise in residential, commercial, and industrial waste byproducts and their incorporation into an acceptable waste management plan. Technical specialists, as currently designated by the SWCC, are not equipped for developing plans of this nature. I ask the Groundwater and Waste Management Committee reconsider inclusion of SWCC-designated technical specialist in septage management rule 15A NCAC 13B C-4 .0835 (c)(12)(L). That role is better served by a licensed soil scientist, professional engineer, or professional geologist. Submitted By: Jeff Young, Technical Services Section Chief, NCDA&CS - Division of Soil and Water Conservation Date: January 2, 2018 Agency Response: In response to this comment, the agency revised existing rules .0831 and .0835 to remove the definition of technical specialist and remove the requirement that a technical specialist prepare nutrient management plans for septage land application sites; and instead include a requirement that an environmental professional prepare these plans. The revised language also stated that an environmental professional is defined as "a person who has received a baccalaureate or post -graduate degree from a university and has training and experience in or related to agronomic principles utilized to manage wastewater". This change was made prior to publication of the rules in the NC Register. Comment #3: In regards to your particular question about nutrient management plans (.0835(c)(12)), in my opinion that subject falls more in line with agronomy and agronomic rates as provided by an Agronomist since it pertains to crop growth and uptake. However, application rates based on soil factors would be in line with the practice of soil science as in .0837 requirements. Submitted By: Alan Clapp, Environmental Health Soil Scientist, Chair of the NC Board of Licensed Soil Scientists Date: April 11, 2018 Agency Response: This comment was received in response to a request from the Department that the NC Board of Licensed Soil Scientists review and comment on the proposed revisions to 15A NCAC 13B Section .0800 Septage Management, and in particular the proposed revision the agency made to the technical specialist language in response to Comment #2 above. The agency appreciates the Board Chair taking the time to review the proposed rules and submit this comment. Comment #4: Thank you for the opportunity to comment on the proposed NCDEQ Rules regarding solid waste management, and in particular nutrient management under .0835(c)(12). We circulated your request to several of our professional consulting soil scientists. Below is our summary of comments: - Licensed or certified soil scientists are educated, trained, and experienced in the multifaceted aspects of soil science, natural resources, and land usage. Soil chemistry, mineralogy, physics, hydropedology, classification, fertility, nutrient management are fundamental principles towards meeting the requirements of a licensed or certified soil scientist. - These multifaceted soil science principles always come into consideration for the proper applications of wastewater, stormwater, solid waste, septage, and other land -use amendments or potential pollutants. - Nutrient management is not just the simple application of amendments, but must consider site characteristics, hydrology, soil types, plant type and uptake, etc. (eg. N, P, heavy metal, or organic applications to a somewhat poorly drained sandy soil vs. a well -drained loamy soil type, both with rye grass.) Knowledge and experience with the type of amendments, their reactions, plant uptake, buffering capacity, and/or fate are paramount. Qualified soil scientists possess this knowledge and experience. - Licensed or certified soil scientists have the additional advantage of differentiating between generalized published soil survey information and ground -truth reality, representative site/soil sampling, and analysis/interpreting real -world data. Nutrient management plans, as stated within NCDEQ Rule .0835(c)(12), should be well within the competence and expertise of licensed or certified soil scientist as these agronomic principles are integral to their basic education, practical and written testing, continuing education requirements, and professional experience. A professional soil scientist also provides efficiency by not having to engage separate environmental specialists to perform singular duties. - Licensed professions, such as a NCLSS, also provide further assurances that the expectations of a stated task are performed ethically and professionally, since their livelihood to practice are dependent upon it, and with full liability for their professional acts. This is especially paramount when any practice involves the public health, safety, and welfare. Submitted By: Larry Baldwin, CPSS/NCLSS, Consulting Soil Scientists of the Carolinas. Date: April 26, 2018 C-5 Agency Response: This summary of comments was received in response to a specific request from NC DEQ asking the NC Board of Licensed Soil Scientists to review the proposed revisions to 15A NCAC 13B Section .0800 Septage Management, and in particular the revision made to the technical specialist language in response to Comment #2 above. The agency appreciates the Board members taking the time to review the proposed rules and submit these comments. Comment #5: Thank you for your letter of April 11, 2018 inviting comments from the North Carolina Board for Licensing of Geologists ("Board") on the proposed amendments to the Septage Management Rules. In addition to the set of rules you provided with your letter, we have reviewed the proposed rules published in the August 15, 2018 North Carolina Register. At the Board's request, I am providing the following comments: The Board concurs with statements set forth in its letter of January 7, 2010. In addition, the Board agrees that proposed amended 15A NCAC 13B .0835(c) appropriately requires the work of a licensed professional. The Board agrees that the documents required by this rule constitutes the practice of geology under G.S. 89E, soil science under G.S. 89F or engineering under G.S. 89C. Hence, the oversight and seal of a licensed professional experienced in one of those fields is appropriately required by the proposed amended rule to ensure the safety and welfare of the public. Specifically, such work is within the scope of the practice of geology as contemplated by the Geologists Licensing Act set forth in North Carolina General Statute §89E. The Board also approves the revised definition for Licensed Geologists set forth in 15A NCAC 13B .0831(4). Submitted By: Richard A. Kolb, L.G., Chair of the NC Board for Licensing of Geologists Date: August 28, 2018 Agency Response: This comment was received in response to a request from the Department that the NC Board of Licensed Soil Scientists review and comment on the proposed revisions to 15A NCAC 13B Section .0800 Septage Management, which included the proposed revision the agency made to the technical specialist language in response to Comment #2 above. The agency appreciates the Board Chair and members taking the time to review the proposed rules and submit these comments. Hearing Officer's Recommendation The rule text proposed for adoption is included as Attachment A in the attachments being presented to the EMC at their November 8 meeting for this agenda item. The Hearing Officer's Recommendation is that the Environmental Management Commission adopt amendments to Rule 15A NCAC 3B .0830, readopt Rules 15A NCAC .0831 - .0844 and .0846 with amendments, and repeal Rule .0845 as published in the NC Register Volume 33, Issue 04, Pages 404 — 422, including the proposal to change the rule numbers and order of the rules, with the exception that the Hearing Officer recommends making the following change to the definition of an environmental professional in Rule .0835(c)(12) from the version that was presented to the EMC at the July 12, 2018 meeting and published in the NC Register: Language as published in the NC Register: "For the purposes of this Rule, an environmental professional means a person who has received a baccalaureate or post -graduate degree from a university and has training and experience in or related to agronomic principles utilized to manage wastewater." Language proposed to be adopted: "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." The Hearing Officer recommends this change to also allow environmental professionals with a two-year degree from a college to prepare nutrient management plans, as they would have the experience and training necessary to prepare these plans. LOW APPENDIX 1 Notice of Text Published in the NC Register TITLE 15A - DEPARTMENT OF ENVIRONMENTAL QUALITY C-7 Notice is hereby given in accordance with G.S. 150B-21.2 and G.S. 150B-21.3A(c)(2)g. that the Environmental Management Commission intends to amend the rule cited as 15A NCAC 13B .0830, readopt with substantive changes the rules cited as 15A NCAC 13B .0831-.0833, .0835-.0839, .0841-.0845, and readopt without substantive changes the rules cited as 15A NCAC 13B .0834, .0840, and .0846. Pursuant to G.S. 150B-21.2(c)(1), the text of the rule(s) proposed for readoption without substantive changes are not required to be published. The text of the rules are available on the OAHwebsite: http://reports.oah.state.nc.uslncac.asp. Pursuant to G.S. 150B-21.17, the Codifier has determined it impractical to publish the text of rules proposed for repeal unless the agency requests otherwise. The text of the rule(s) are available on the OAHwebsite at http://reports.oah.state.nc.uslncac.asp. Link to agency website pursuant to G.S. 150B-19.1(c): http://deq.nc.govlpermits-regulations/rules-regulations/proposed-main Proposed Effective Date: January 1, 2019 Public Hearing: Date: September 6, 2018 Time: 6: 00 p.m. Location: NCDEQ Green Square Building, 217 West Jones Street, Raleigh, NC 27603, Room 1210 Reason for Proposed Action: Rule 15A NCAC 13B .0830 is proposed for amendment to make technical or clarifying changes and updates. Rules 15A NCAC 13B .0831-.0844 and .0846 are proposed for readoption to comply with the Rule Review requirements pursuant to G.S. 150B-21.3A. Rule .0845 is proposed for readoption as a repeal as it is unnecessary because the conditions for permit revocation are provided in statute. Proposed amendments to the rules include technical corrections and clarifications, updates to names and addresses, removal of redundant language, and assignment of rules to new rule citations so that the rules are grouped together by permit type, adding a requirement that septage land application sites have an all-weather access road, and allowing nutrient management plans to be prepared by an environmental professional instead of a technical specialist. In addition to the published readoption and amendments, a portion of the rules in 15A NCAC 13B Section .0800 Septage Management are proposed to be reorganized during rule making as follows, with new citation numbers for the purpose of grouping together rules regarding the same facility types for ease of reference: Current Citation New Citation Agency Title Sub Chpt Rule Citation Rule Title Title Sub Chpt Rule Citation EMC 15A 13B .0833 SEPTAGE MANAGEMENT FIRM PERMITS 15A 13B .0834 EMC 15A 13B .0834 PERMIT FEES 15A 13B .0833 EMC 15A 13B .0835 SEPTAGE LAND APPLICATION SITE PERMITS 15A 13B .0840 EMC 15A 13B .0836 SEPTAGE DETENTION AND TREATMENT FACILITYPERMITS 15A 13B .0837 EMC 15A 13B .0837 LOCATION OF SEPTAGE LAND APPLICATION SITES 15A 13B .0841 EMC 15A 13B .0838 MANAGEMENT OF SEPTAGE LAND APPLICATION SITES 15A 13B .0842 EMC 15A 13B .0839 RECORD KEEPING FOR SEPTAGE MANAGEMENT FIRMS 15A 13B .0836 EMC 15A 13B .0840 SAMPLING AND ANALYSIS 15A 13B .0843 EMC 15A 13B .0841 STANDARDS FOR SEPTAGE DETENTION AND TREATMENT FACILITIES 15A 13B .0838 EMC 15A 13B .0842 INNOVATIVE OR ALTERNATIVE TREATMENT OR STORAGE METHODS 15A 13B .0839 EMC 15A 13B .0843 LAND USE AND SITE CLOSURE 15A 13B .0844 EMC 15A 13B .0844 TRANSPORTATION OF SEPTAGE 15A 13B .0835 Comments may be submitted to: Jessica Montie, 1646 Mail Service Center, Raleigh, NC 27699-1646; phone (919) 707-8247; fax (919) 707-8247; email Jessica.montie@ncdenr.gov Comment period ends: October 15, 2018 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 15013-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(bl). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, fuse call a Commission staff attorney at 919-431-3000. Fiscal impact (check all that apply). ❑ State funds affected ❑ Environmental permitting of DOT affected Analysis submitted to Board of Transportation ❑ Local funds affected ❑ Substantial economic impact (>$1,000,000) ❑ Approved by OSBM ® No fiscal note required by G.S. 15011-21.4 15A NCAC 13B .0830 ❑ No fiscal note required by G.S. 150B-21.3A(d)(2) 15A NCAC 13B .0831-.0844 and. 0846 CHAPTER 13 - SOLID WASTE MANAGEMENT SUBCHAPTER 13B - SOLID WASTE MANAGEMENT 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 ems. additions, and may be obtained free of chargettps://www.gpo. og v/fds (b) Copies ef Federal statetes, 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 are available for inspection at the Department of Environmental Quality Ewvi-enmeat and Natwal R o.,,..., ees, Division of Waste Management, Solid Waste Section, 217 West Jones Street, Raleigh, N.C. 27603 or the Division's website at hgps:Hdeg.nc.aov/about/divisions/waste-mana eg ment. 401 Ober -lift ReadRaleigh, N.C. 27699 1646 (d) Mmer-ial ineer-per-a4ed by r-efer-enee in the Federal Register- may be obtained a4 Govemmefft institutes, 15200 NBN Way, Blue Ri Summit, PA 17214 at a eest of ene thatisand five Wndred sixty seven dollars and fifty eents ($1,567.50). Feder -a! RegisteF materials are- eodified enee a year- and may be obtained at the above address fer a eest of- 40 CFR 190 259 thirty nine dollars and seven-t-Y five eents 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 2017; Amended E,('. January 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: have the fallowing (1) "Agronomic rates" are a� 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 pttbliea4ions publications, or county soil surveys, but do not overload the soil with nutrients or other constituents whie 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 e-an may be applied to a unit area of land during a 365-day period. f3) (5) "Division" means the Division ef Waste Managemefft in the Pepaftmeat. All nales eited in this Seetion, under- the auther-ity of the Division, may be obtained at 401 Oberlin Read, Raleigh, North Carolina 27604, eF at the Division's web page at www.wastenetne.erg. ( "Land application" shall me 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 ean eendifien conditions the soil or €ertihze fertilizes crops or vegetation grown in the soil. ()(4) "Licensed Geologist" means licensed geologist as defined in G.S. 89E-3. geology in aeeer-danee with G.S. 89E. (55,) "Licensed Soil Scientist" means licensed soil scientist as defined in G.S. 8917-3. (S)L6) "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, plaeemea placement, and timing of nutrient applications to maximize the nutrient uptake of the crop. Plan implementation shall protect the environment and maintain crop productivity. (9)(7) "Place of business" means place of business as defined in G.S. 130A-334. , establishment, plaee of amusement or- r-eer-eatieft, sefviee stafien, food handling establishment, Refffie'e, RLIAY -Atht-Af plaee where people wer4E or- are seizved. 40)M "Place of public assembly" means place of public assembly as defined in G.S. 130A-334. any faifgretmd, auditorium, stadium, ehufeh, eampgr-etmd, theater-, seheel, or- any other- plaee where people gather- or- eeagr-ega4e. ( 'Professional Engineer" means professional engineer as defined in G.S. 89C-3. an individual who is lice se +^ 02)(LO) "Residence" means residence as defined in G.S. 130A-334, y habitable home, hotel, motel, eamp�Lwr ZCR Ii�ICIIII�II�CGZ—CLIVL�iI TC[1111TIGZ T work eafnp, mobile heme, dwelling unit in a mitiple family stfuetwe, or any othef plaee where peeple . "(LIJ "Rock" means the consolidated or partially consolidated mineral matter or aggregate, including bedrock or weathered rock, not exhibiting the properties of soil. "(_L2) "Seasonal High Water Table" or "SHWT" is means the highest level of the saturated zone in the soil during a ye with normal rainfall. to -„h ieh the soil :s ..atufated, PA 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. Altema4ively, the SHALT ean also be detefmined ffem wmer- level meastir-ements or- via soil/gr-eundwa4er- modeling. ( 13 "Septage" means septage as defined in G.S. 130A-290(a)(32). 128 n 208i.,)02) a -ad also shall : el de .....hings from the :.moterio,- of septage handling e ,4aiae, ifieluding pumper- t.-ueks (O34) "Septage Management Facility" means land, personnel, and equipment used in the management of septage, including but not li iced +^, s_ptage management firms as defined in G.S. 130A-290(a)(33), septage detention and treatment facilities, and septage land application sites. "(15) "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. . ( 16 "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 min — 0.002 min), and clay (less than 0.002 min in size) particles. The specific textural classes are shall be defined as follows: (a) "Sand" means soil material that contains 85 percent or more of sand; the percentage of silt plus 1.5 times the percentage of clay less than 15; (b) "Loamy sand" means soil material that contains at the upper limit 70 to 91 percent sand, and the percentage silt plus 1.5 times the percentage of clay is not less than 15; at the lower limit contains not less than 70 to 85 percent sand, and the percentage of silt plus twice the percentage of clay is less than 30; (c) "Sandy loam" means soil material that contains 7 to 20 percent clay, and the percentage of silt plus twice the percentage of clay exceeds 30, and contains 52 percent or more sand; or 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 50 percent or more silt and 12 to 27 percent clay; or contains 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 and 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 more than 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; 0) "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 (1) "Clay" means soil material that contains 45 percent or less sand, and less than 40 percent silt. (2-0) "Teehnieal speeialist" means a -a ifi&vidual designated by the Soil a -ad Wa4er- Censef-�,a4ian Commission, pufstiant to f+tles adopted by that Commission, to eei4ify animal waste ma-aagement phw,-,. (2-4-)17 "Treatment of Septage" means the preparation of septage for final use or disposal. Treatment may include i but is not l mited '^, thickening, stabilization, and dewatering of septage. Treatment does shall not include storage of septage. Definitions in 40 CFR 503.9(d), (g), (h), 0), (k), (1), (r), (t), (u), (v), (w), (bb), and in 40 CFR 503.11(a), (b)-, (c), (d), (f), (g), , (i), (k), (1), (m), (n) are incorporated by reference including subsequent amendments and editions.Copies of the rode of Fede-a Regulations History Note: Authority G.S. 130A-291.1; Eff October 1, 2009. 2009; Readopted E,('. January 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 ;.;__ of Environmental Health, 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 •eh that they own, lease lease, or manage as part of a business, including but not limited o mobile homes, mobile home parks, restaurants, and other residential and commercial property; (4) The Division may deny a permit ep� 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) All eenditio s for permits 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 by a qualified environmental professional 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 issues valid for a maximum of one year. Subsequent permits may be valid for up to five years. Renewal pefmits shall be issued for- five yea the f4eility has not had a major- vielmien and r-eeer-ds ha-ve beeft maintained in aeeefdanee with this Seet (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). Leaks or overflows of the storage tank at a mobile or modular office shall be considered illegal land application. The office occupant and owner of the mobile or modular office shall be considered to be the responsible party and shall will 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) 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 whie 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. > nvir-apment a -a Natural D e (2) Wastewater from recreational vehicles that are tied down, blocked up, or that are not relocated on a regular basis, 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 > f irenw,ent and,.Tatff,.1 Reseufee., shall be permitted as a septage detention and treatment facility in accordance with Rule .0836 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 pain4 filter- test Paint Filter Liquids Test as defined by EPA S.W. 846 Test Method 9095B which can be accessed at no cost at h6s://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 as defined by EPA S.W. 846 Test Method 9095B which can be accessed at no cost at http.W..,.. w e vie.,..,4iaz,.fEt4est et ed lswgntiie�l:�vi;� le > + https://www.0a.gov/hw-26 sw846, and the landfill receiving the waste is a pr-eper-1 permitted municipal solid waste landfill, in accordance with Section .1600 of this Subchapter. Stibehapter, and the landfill oper-ater- has provided the Division "tten doeumentation that the speeifie material will be aeeepted. (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 tfaining, training to meet the requirements of G.S. 130A-291.3(a) and (b) b shall be pre -approved by the Division. (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) Ente enter the permit holder's premises where a regulated facility or activity is located or conducted; (2) Aeeess access and copy any records required in accordance with this Section or conditions of the permit; (3) inspeeinspect any facilities, equipment (including monitoring and control equipment), praefiees practices, ices, or operations regulated by the Division; (4) Sample 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, par-ameter-s parameters, or soils at any location; and (5) Photograph photo rg aph 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. rail a of ^ pefsen to follew a r-equiFement in any rule set forth in this Section oF the taking of any aetion prohibited by any Fule in this Section sh-all. _�_ensti"e a violation of that rule. 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, 201¢ 2014; Readopted E,('. January 1, 2019. 15A NCAC 13B .0833 SEPTAGE MANAGEMENT FIRM PERMITS (a) Septage management firm names must 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 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 owner's name, address address, and phone number; (2) Business business name, address address, and phone number; (3) Operateo ep rator name, address address, and phone number, if different from owner; (4) Permit permit number, if existing firm; (5) 4=5pe(s) t e s of septage handled, and the quantity pumped the previous 12 months, if in operation; (6) Number number of pumper trucks; (7) C-apaei ca aci and type of septage handled by each pumper truck; (8) Vekiele vehicle license and serial numbers of each pumper truck; (9) EexfAies counties in which the firm operates; (10) Disposal disposal method(s) for septage; (11) Permit permit number for each septage land application site to be used; (12) Permit permit number for each septage detention and treatment facility to be used; (13) Teal and information that the Division may request that is pertinent to the operation of a septage management firm; (14) IALriftewritten 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) e s of septage w-hieh ean that may be discharged at the plant; (B) )here where septage, including grease septage, can may be discharged at the plant or in the collection system; (C) Geegraphie geographic area from which septage will be accepted; and (D) Daratier! duration of authorization; (15) The the appropriate annual permit fee in accordance with G.S. 130A-291.1(e); and (16) The 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) Faeili facili1y name, address, phone number, and county; (2) 9vffier''s owner's name, address address, and phone number; (3) Operator o ep rator name, address address, and phone number, if different from owner; (4) Permit permit number, if existing firm; (5) Type(s) e s of septage managed; (6) Faeili facility types and their permit numbers; (7) The the name and permit number of all permitted septage management firms using the facility; (8) The the date, location, number of hours, and provider of annual training in accordance with G.S. 130A-291.3(b); and (9) The the appropriate annual permit fee in accordance with G.S. 130A-291.1(el). (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) A septage management firm permit shall not be issued to firms that pump septage until its pumper truck(s) have been iis�ected and approved. (h) Permits are ren .Fansr r-able. shall not be transferable. (i) Septage management firm permits are issued for up to one calendar year. 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. 2009; Readopted E f. January 1, 2019. 15A NCAC 13B .0834 PERMIT FEES (READOPTION WITHOUT SUBSTANTIVE CHANGES) 15A NCAC 13B .0835 SEPTAGE LAND APPLICATION SITE PERMITS (a) No person shall establish, or allow to be established upon Myproperty owned, operated, leased, or controlled by that person, established e his !a- a, a septage management facility to-, to treat, manage, store, or dispose of septage, or any component of septage, unless a permit has been obtained from the Division. Disposal of septage by trenching or burial is prohibited under the rules of this Section. (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: (0 Leea4ien of the site; (2)(D Name, name, address, and phone number of: (A) the applicant; (B) the land owner or the owner's legal representative in control of the site; and (C) the proposed operator; location of the site; (3) Alfitte written authorization to operate a Septage land application site signed by each landowner (if other than the permit holder) or l-is the landowner's legal representative; (4) Types types of septage (as defined in G.S. 130A-290 130A 290) 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; s (5) Sebstanees substances other than septage previously disposed of at this location, and the amounts of those substances; (6) Aerial aerial photography extending for a distance of at least 2500 feet in all directions from the site, with site property boundaries depicted; " (7) ^'t ie alternative plan for the detention or disposal of septage, during adverse weathef eendition ; conditions that cause the site to be unavailable for use; (8) T.o� treatment method for each type of septage to be discharged and the permit number of any treatment facilities; (9) View vicini map (county road map) showing the site location; (10) A a written report that documents compliance with Rule .0837 of this Section including: Seeti— i-1-din but not limitedto the following: If required by G.S. 89F, G.S. 89C89C, 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 S eyer-s Surveyors, and the Board of Licensing of Geologists has determined, via letters dated November 16, 2009, March 11, 204-9 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 89C, and G.S. 89E.] (A) A a representative soils analysis (i-.e , such as the Standard Soil Fertility Analysis, Analysis), conducted within the last six months, on each proposed field of each proposed land application site. The Standar-d Soil F-e ftility Analysis representative soils analysis shall include: shall , Pade but is et no eily limited � 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 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 C(N DA & CAS 04CS) mehlich-3 extraction is shall be an acceptable substitute for a total metal analysis. Mercury shall be sampled if the applicant proposes to land apply domestic or industrial or commercial treatment plant septage, or if warranted by previous site use; (C) €4e4d 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 proper evaluation of the soils at the site; (D) A a soil mV, seale 1" — ,map delineating major soil mapping units within each pro osed land application site and showing all physical features, location of pits and auger borings, applica�lF setbacks, legends, scale, and a north arrow; (E) If if the annual application rate is proposed to exceed 125,000 gallons per acre per ygar, field descriptions to a depth of six feet €eet shall be required; and (F) Global Positioning System (GPS) data compatible with the Division's DepaAment's datalogger shall be provided for proposed sites 30 acres or more in size. (11) Applieauts qpplicants 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 can may occur without impacting gFounde groundwater or hydraulic overloading. The plan shall include recommendations concerning annual and instantaneous loading rates of liquids, solids, other wastewater eenstitueffts 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 89F, and G.S. 89E, a professional engineer, licensed soil scientist scientist, or licensed geologist shall prepare these documents. [Note: The North Carolina Board of Examiners for Engineers and Surveyors, Board of Licensing of Soil Seiexti•sts Scientists, and the Board of Licensing of Geologists has determined, via letters dated March 11, 2010, November 16, 24W 2009, and January 7, 2010, that preparation of documents pursuant to this Paragraph constitutes practicing engineering, soil seienee science, or geology, eon under G.S. 89C, G.S. 89F 89F, and G.S. 89E.] (12) Nutrient management plan, pfepared by a Teehnieal Speeialist, ineWding at least a nutrient management plan prepared by an environmental professional that shall include the following the following: (A) Ereps 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; " — 1ess (B) NitfegeH nitrogen needs of the crops based on the realistic yield expectations for the soils on the site, and crop management practices proposed; (C) Crop crop stand density required to meet the realistic yield expectations for the proposed crop; (D) Appreximate approximate crop planting times and the seeding or sprigging rates for crops to be established; (E) Crop crop harvest frequency appropriate for the proposed realistic yield expectations and nitrogen needs, and approximate crop harvest times; (F) Appr-e*imate approximate monthly discharge rate to match the nitrogen needs and potential uptake of the crop; (G) Sites sites proposed to receive more than 50,000 gallons per acre per year of a^mestie septage, eY domestic or industrial or commercial treatment plant septage septage, or domestic or grease septage that has been treated to remove solids, fats, oils, and r� shall include nitrogen carry over when determining annual application rates; (H) Weed weed control recommendations; (I) Crop crop use or removal; (J) Results 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. A Teehnieal Speei list : of required f nutrient management ..laps f r subsequefft applieations that do not eantain ehanges that would affeet wuttient uptake; an !T 1 All nutrient management plans shall bear the signature of the site a .-ate f For the purposes of this Rule, an environmental professional means a person who has received a baccalaureate or post- graduate degree from a university and has trainingand nd experience in or related to agronomic principles utilized to manage wastewater. Preparation by an environmental professional shall not be required for nutrient management plans for renewal applications that do not contain changes that would affect nutrient uptake. (13) Appheafiee application rates for sites proposed to receive treated septage shall be determined based on the most limiting nutrient; (14) €fesion erosion and runoff management plan showing: (A) Buffer buffer locations and widths based on the direction and amount of slope adjacent to the land application site; (B) Vegetation vegetation type and stand density in the buffer areas; and (C) Buffer buffer maintenance fertility requirements. (15) PFepesed proposed land application method, method; (16) Pfepesed proposed distribution plan if required in Paragraph (e) of Rule .0837 of this Section; (17) Sites sites proposing to use spray irrigation as a land application method shall include: (A) The the location of all fixed irrigation heads or the location of traveling gun irrigation lanes; (B) iffigatiert irri a� 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, i�rporated by reference including subsequent ubsequent amendments and additions, or other similar publications; (C) The the size of all spray nozzles; (D) Systeiu system operating pressure at the irrigation head; (E) Calettlati calculation of the wettable acres vs. permitted acreage; (F) C 1, e;i calibration methods and frequency; and (G) IFftgatiei} irrigation system operation and maintenance plan. (18) Demenstfafien demonstration from the appropriate State or Federal Government agency that the land application site complies with Rule .0837(s) of this Section if any part of the site specifiJA for land application is not agricultural land; (19) The 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) T^�al any other information that the Division may request that is pertinent to the suitability of the proposed site; (21) An an applicant who proposes to land apply septage septage as defined in G.S. 130n 290 on a public contact site, shall provide the Division evidence of adequate public notice and the applicant shall have sueeessful1p completed the Land Application of Residuals and Bieselids Course and maintain a Land Application of Residuals Certificate given issued by the Department of Environmental Quality, Environment and Natural Reso reel; an (22) An an applicant who proposes to land apply industrial or commercial treatment plant septage or domestic treatment plant septage , shall have seeEessful completed the Land Application of Residuals and Bieselids Course and maintain a Land Application of Residuals Certificate given issued by the Department of Environmental Quality, Favi feament a -ad N.,.,.,a nos ; and (23) An 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 adequate public notice which shall at a minimum be publication with a local news organization, it a leeal newspaper-, shall have sueeessful completed the Land Application of Residuals and Course and maintain a Land Application of Residuals Certificate issued by the Department of Environmental Quality. EnviFenment and'` Natural Re w^�� 2244,) 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) Application rates for septage in excess of 50,000 gallons per acre per year and permits to land apply domestic, or industrial or commercial treatment plant septage shall not be granted to persons who have not demonstrated that they can proper-! operate 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 for- sites or- t..o,..ment methods "ieh 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 permitted area or field boundaries; (2) Pr-epe prope ownership; (3) moral annual application rates; (4) Reeeivei receiver crop; or (5) Types 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. 0) Septage land application site permits are shall not be transferable. (k) Maximum permit duration including renewals is shall be five years. of the site History Note: Authority G.S. 130A-291.1; Eff. April 1, 2010. 2010; Readopted E, f'. January 1, 2019. 15A NCAC 13B .0836 SEPTAGE DETENTION AND TREATMENT FACILITY PERMITS (a) No person, shall establish on his land, No person shall establish, or allow to be established upon any real property owned, operated, leased, or controlled by that person, on his land, a septage detention and treatment facility, unless a permit for- the faeili 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 .0841 of this Section. (c) To apply for a permit for a Septage detention of and treatment facility the applicant shall submit the following information to the Division: (1) Name, name, address, and phone number of (A) the applicant; (B) the landowner'a or the evner''s landowner's legal representative in control of the site; and (C) the proposed operator; (2) Leeatio location of the facility; (3) Vieinit vicini map or county road map showing the site location; (4) 4=ypes es of septage to be stored or treated; C-15 (5) A 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 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 septage land application site permit number and the name of any wastewater treatment plant(s) where the septage will be disposed; (8) Written written documentation of meeptahle approved locations to manage any solid or liquid wastes generated at a treatment facility; (9) An an aerial photograph, extending for a distance of at least 1,000 feet in all directions from the site property lines; lines, see " — 400 €eeter-less, (10) IALF44en written authorization to operate a septage detention or treatment facility signed by each landowner (if other than the permit holder) or his the landowner's legal representative; and (11) Teal and information that the Division may request that is pertinent to the suitability of the proposed facility. 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) To apply for a permit to construct a septage treatment facility and obtain an interim permit to operate the facili €act , for a period not to exceed 12 months, plans and specifications shall be submitted. 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 and resolution dated March 11, 2010, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering under G.S. 89C.] (e) Treatment shall include iee-lude, but not be lifnite to 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. In addition to the requirements of Paragraph (c) of this Rule, the plans required by Pararg anh (d) of this Rule shall include: (1) Site 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 engineering'- plans for the entire system, including treatment, storage, and disposal equipment, and containment structures; (3) Detail detailed drawings shall be at a scale appropriate to show pumps, tanks, valves, controls, meters, pipes, and other items critical to the operation of the facility; (4) Are an operation and maintenance manual 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; and (5) A a quality assurance plan for the process and final product if treatment involves meeting pathogen reduction or vector attraction reduction standards. (f) A permit to operate a septage treatment facility shall be issued pending receipt of the following: (1) Gei4ifieatierr certification that the construction of the treatment facility is complete and consistent with the plans approved as part of the permit to construct; (2) An an updated operation and maintenance manual, including all the information required in Subparagraph (e)(4) of this Rule; (3) As built as -built drawings if facility construction is not consistent with the approved plans; (4) Oper-atien operation and maintenance manuals and quality assurance plans signed by the applicant; and (5) Aeeeptahle compliance history for the €4eility. facility showing no unresolved violations of Federal, State, or local laws, rules, regulations, or ordinances. (g) A permit for a new septage detention ewe and treatment facility shall not be issued until the proposed site has been approved by the Division. (h) 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. (i) 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. (j) Application packages for permit renewals shall include: (1) Updated drawings updated drawings, if there are changes to the facili ; €aeility, (2) Updated site Mk s updated site plans, if there are changes to the initial site plan; plan, (3) A revise R updated operation and maintenance manual, if there are changes to the operation and maintenance manual; and (4) A reviseundated quality assurance plan, if there are changes to the quality assurance plan. plan for- the pr-eeess an (k) Engineering plans and specifications for marina detention tanks that do not meet the minimum setbacks in .084'� Rule .0841(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. [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.] The facilities shall be certified to be constructed in substantial compliance with the plans and specifications. C-16 (1) 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. If required by G.S. 89C, a professional engineer shall certify the construction. [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 e�ering design documents pursuant to this Paragraph constitutes practicing _ engineering under G.S. 89C.1 (m) 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. (n) Applications for renewal permits shall be made submitted to the Division at least 90 days prior to the expiration of the permit. The Division wi44 shall notify permit holders of facility permit expiration dates 120 days prior to permit expiration. (o) Applications for renewal permits submitted in accordance with Paragraph 0) and n 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) unless changes are made in those plans. (p) Septage detention and treatment facility permits are shall not be transferable. (q) Maximum permit duration including renewals is shall be five years. (r) Applications for permit modifications shall be required for the following changes: e#anges (1) Pr -ape roe ownership; (2) Try treatment methods; (3) Types bTes of septage to be stored or treated; or (4) 84e size and number of treatment or storage structures. (s) Applications for facilities which do not meet the standards set forth in this Section shall be denied. (t) An application requesting reduced setbacks in accordance with Rule .0841(m)(7) of this Section shall include a letter from the appropriate local zoning effiee- office approving proposed reduced setbacks. (u) issuanee of a peniiit does not r-elieve the pet:fnit holder- of the r-espensibility of obtaining apphea le iEoning approvals prior to operation of the f4eility. History Note: Authority G.S. 130A-291.1; Eff. April 1, 2010: 2010; Readopted E(f.' January 1, 2019. 15A NCAC 13B .0837 LOCATION OF SEPTAGE LAND APPLICATION SITES (a) Soil characteristics (Morphology) whieh 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 will form a ball that can be handled without breaking; (E) Silt Loam: Silt loam has a floury feel when moist and will show a fingerprint but will not ribbon and forms only a weak ball; (F) Silt: Silt has a floury feel when moist and sticky when wet but will not ribbon and forms a ball that will tolerate 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 r-ibbea to €ems 0.75 inch to one -inch long pieces; (H) Silty Clay Loam: Silty clay loam is sticky when moist and will 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; M Sandy Clay: Sandy clay is plastic, gr4a�y rgritty, and sticky when moist and forms a firm ball and produces a thin ribbon to 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 r-eadi!5 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 len th,�produces a high sheen when rubbed with the thumbnail, and forms a strong ball resistant to breaking; (M) The Division may substitute 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 sk and clay particle sizes as defined in this Section for field testing when conducted in accordance with ASTM (Amer-iEan Seeiety for- Testing and Materials) P 422 p edufes methods for sieve and hydrometer analysis. one loam and elayey soils (Gfoup 11 and 111) the disper-sieft time shall be ifier-eased to 12 haufs. (3) Wetness Condition: (A) Soil wetness conditions caused by a seasonal high water 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 whisk that are relic from minerals of the parent material shall not be considered indicative of a soil wetness condition. (B) Soils .e that do not meet the required depths to a soil wetness condition shall be considered unsuitable and septage shall not be applied, unless the required separation distances een 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. (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 w11 shall be considered on a ease case -by -case basis. (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 dees shall not apply to those portions of a water supply watershed that whieh are drained by Class B or Class C streams. (c) row 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, eper-ated operated, or controlled by the permittee or by the landowner(s) at the time of initial permitting. Any sale, lease 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) Des��eeresidence: not occupied by the applicant - 500 feet- €eel (B,) ogee occupied by the applicant - 100 feet; (2) Plaee place of business, other than the septage management firm's office or related buildings, firm offiee, or place of public assembly - 500 feet; (3) Al well or water supply spring - 500 feet; (4) c.. r o ...o St-r-e .w, surface waters - stream classification shall be determined in accordance with 15A NCAC 02B .0301 through .0317 Assignment of Stream Classifications; (5) Fresh 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; and (D) 9theother streams and bodies of water - 200 feet; (6) tidal salt waters: (A) Class SA or Class SB - 300 feet from mean high water mark; and (B) Class SC and other coastal waters - 200 feet from mean high water mark; mark. (7) Q..�l supplemental classifications: (A) trout waters and swim waters - 200 feet; and (B) Nutfie nutrient sensitive waters and outstanding resource waters - 300 ket feet. (8) groundwater lowering ditches and devices - 100 feet; (9) Adjoining adjoining property under separate ownership or control - 50 feet; (10) P4he un blic road right of ways - 100 feet; (11) Feed food crops - 50 feet; (12) Wetlands wetlands - 50 feet; (13) Woods woods line - five feet, unless greater distance is required as part of an erosion and runoff control plan; (14) Land land application site on the same tract of land, permitted to a different operator - 100 feet; and (15) Sethaeks 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 i-Armanent, 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 are 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 ea -a will be propefly managed for crop production and that septage will be applied with uniform distribution over the entire permitted application area. San be evenly distributede�vefthe site (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) Tlke 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) Plans plans submitted to the Division are prepared in accordance with aeeepted approved erosion and runoff control practices and indicate the following: (A) >`,r,.n.,gemen management practices and discharge methods whieh that will be used to reduce the potential for run-off from the site and assufe even septage distfibu4ia ever- the site allow for the uniform distribution of septage over the entire permitted application area; and (B) Leemia 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; Sethaeks will approved by the Divisien; and (4) No 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 habita4, 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, as defined in G.S. 130A-290, 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) 503.1 1) 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). Treatment verification, acceptable to the Division, shall be available. All treatment methods and facilities shall obtain a permit from the Division in accordance with Rule .0836 of this Section. .0836. History Note: Authority G.S. 130A-291.1; Eff. October 1, 2009. 2009; Readopted E, f'. January 1, 2019. 15A NCAC 13B .0838 MANAGEMENT OF SEPTAGE LAND APPLICATION SITES (a) General requirements for septage land application sites-. sites shall include the following: (1) Only only domestic septage, as defined in G.S. 130A-290, shall be land applied or otherwise placed on a septage land application site, unless specified in the permit; (2) Lash each site shall be posted with visible and legible "NO TRESPASSING" signs. Aesess All access roads or paths crossing or leading to the disposal area shall be posted "NO TRESPASSING" and a visible and legible sign of a4 leas two feet by t-we fee stating "SEPTAGE LAND APPLICATION SITE" shall be maintained at each entrance to the land application area; (3) Lash each site shall have an all weather access road; (4) No no hazardous wastes shall be permitted on the site; (5) No 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 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 septage shall be applied to the surface of the land from a moving vehicle in s eh e manneY as to have no standing liquid or soil disturbance resulting from the waste flow after the discharge is complete; (8) Septage 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) Sept -age 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 disposal area boundaries shall be deafly 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 clearly visible for determining the disposal boundaries when the site is in use; (11) A-4 all septage discharges shall be made at a location on the site consistent with the nutrient management plan; (12) A14 all septage discharges, including aerial drift from discharges, shall be made within the permitted boundaries of the land application site; C-19 (13) Laiid land application of septage shall be limited to a maximum daily hydraulic application rate of one acre inch; (Grease septage from a grease trap, intefeeptef, sepafa4er, or other appuftenanee used for the purpose of feineving eeaking oils, fats, grease, and feed debris from the waste flow generated from feed handling, preparation, and eleaiiup shall not be !a-nd applied unless the tfap has been pumped within the last 90 days or the grease septage adequately sereened or dewatered to prevent damage to land applieation site vegetation-, 1L4,)" Grease 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 adequately treated to remove solids, fats, ei6 oils, and grease as long as crop damage does not occur; (U5 " Selids 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 satisfaeteril 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 "fie the site shall be managed in stie . a manner as to minimize soil erosion and surface water runoff. Appropriate soil and water management practices shall be implemented and maintained in accordance with the Division appre erosion and run-off ^ear management plan submitted in accordance with Rule .0835(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; LL7)" Appreved approved nutrient management plans shall be followed; (1 " Land 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; (20) altemate plan fer the sterage or disposal ef septage dttring perieds when the permit4ed knd appliemien site is ne m,ailable; 19 (24) Laiid 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)(15) of this Rule; and 20 (22) A 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 their his land application site. (b) Maximum land application rates for septage shall be determined based upon the following: (1) Demesne domestic septage land application rates shall be in accordance with 40 CFR Part 503.12(c); (2) Land land application of domestic treatment plant septage shall not exceed the rate in 40 CFR 503.14(d); (3) Pelitit pollutant limits for regulated metals in 40 CFR part 503.13 shall not be exceeded for any type of septage; (4) Grease 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 sites permitted for the land application of grease septage shall meet the requirements of 40 CFR Part 257.3-5; (6) Laiid land application rates for septage treated to reduce solids, nutrients, or pollutants shall be determined based on the analysis of the treated material; (7) At at least four analyses of treated liquid shall be required prior to receiving an adjusted land application rate. Additional samples shall be required for highly variable material; (8) liaeh 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 after an adjusted rate is approved, sampling shall be required every 60 days for the initial first 12 months of operation; (10) After after the initial 12 months, wastes with consistent sample results shall be sampled quarterly; and (11) Land 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) Parnestie domestic septage shall be treated in accordance with the requirements in 40 CFR Part 503 Subp D (including Appendix A and B) except that 503.33(b)(11) is not incorporated; (2) Grease grease septage, treated grease septage, eenitnereial a industrial or commercial treatment plant septage, and eommereial/indlistrial 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 S4part D; (3) Grease grease septage, or any part of grease septage, mixed with domestic septage shall be treated as grease septage; and (4) Dernestie domestic treatment plant septage shall be treated to meet the pathogen reduction and the vector attraction reduction requirements in 40 CFR 303, Subpart 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. (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) Pent permit holders of sites receiving septage shall maintain a log which meets the requirements of 40 CFR PaA 503.17(b); C-20 (2) Pei:mit Hermit holders of all septage land application sites shall have all records and certifications and test results required in accordance with this Section to be kept available for review during any announeed inspections by the Division or upon the Division's request; r and (3) The 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 whieh 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. (4) , metals, een4aminan4s, and pathogens r-equired in this Seetion shall be maintained by the (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. (g) Methods of !a -ad applieation for- whieh there are no standards in these nales shall be pefmit4ed anly if it ean be demenstrated tha4 proposed method ma-aages septage in a ma-aner a4 least e"ivalent to these R+tles a -ad to preteet p4lie health a -ad the eavir-eaffient. Plans shall be submitted and prepared in aeeer-danee with professional eagineefing pfineiples. History Note: Authority G.S. 130A-291.1; Eff. October 1, 2009. 2009; Readopted Eff. January 1, 2019. 15A NCAC 13B .0839 RECORD KEEPING FOR SEPTAGE MANAGEMENT FIRMS (a) Each permit holder shall maintain a log .e that includes at east the following information for each septage pumping event: (1) The the date, type, quantity, and location of septage pufaped; pumped; the location for tanks shall be a street address and the location for portable toilets shall be a route; and (2) Leeatiee location of the discharge of the septage. (b) A septage management firm shall make all s records, documents, or logs required in accordance with this Section or conditions of the permit available for inspeetion by e rer..eseff*, W 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. 2009; Readopted F f. January 1, 2019. 15A NCAC 13B .0840 SAMPLING AND ANALYSIS (READOPTION WITHOUT SUBSTANTIVE CHANGES) 15A NCAC 13B .0841 STANDARDS FOR SEPTAGE DETENTION AND TREATMENT FACILITIES FACiLiTES (a) Septage detention f4eilities, facilities used to meet the requirements of Rule .0838(a)(1 9).083 8(a`20` e_"' ` of this Section,, Section shall have a minimum size equal to two percent of the maximum annual application rate. The Division shall increase the minimum size reauirement for anv 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; and shall notify the owner or operator of the facility of the increase. the average volume of septage , tmVed pef week. This Paragraph does not limit the maximum capacity of a septage detention facility. Capaeivy shall be inereased if it is demonstrated dtiring site operation that this volume is inadequate or if speeifie site (b) Each site shall have an all weather access road.50,000 gallons per- aer-e per- year shall ha-ve a fnini 1 te twe pereen4 ef the fnffldffmm affaua4 appheatien rate. Faeilities pefmit4ed (c) Septage treatment and detention facility containers shall be structurally sound and constructed of steel, concrete, laps or fiberglass. 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 -7-, 11, 2010, that certification of documents pursuant to this Paragraph constitutes practicing engineering, under G.S. 89C.] (d) A septage treatment and detention facility Treatment and Detention Faeipermit holder and operator are 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 in st eh e maMMer as to: (1) Dever rp event 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) Nliftifnize minimize the attraction or admittance of vectors; and (3) Pr -even rp event unauthorized entry into septage containers or lagoons. (f) Septage detention and treatment facilities located below grade shall: (1) 1f 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.]; (2) Be be constructed to a traffic rated standard or protected from vehicular traffic; and (3) Net not be constructed of used metal tanks. Used metal tanks are allowed to be located beside a wall or embankment for gravity access as long as the entirety of the tank is visible. C-21 (g) The permit holder of a septage treatment or detention facility shall eentfel minimize odors from the facility at the property boundary. (h) Gfound wate The Division may require that groundwater monitoring wells or a leak detection system may be r-e be installed around treatment or detention systems :f neeessafy to assufe for protection of public health and the environment. environment if there is evidence of a leakin tank. ank. (i) The area around tanks shall be free of debris and vegetation to allow for access and inspection for a distance of at least 5 feet. 0) Septage shall be transferred to and from a detention system in a safe and sanitary manner that prevents leaks or spills of septage, 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. (1) Requirements for lined lagoons: (1) Lined lagoons shall be permitted only at sites where the construction and use of a lagoon shall not jeopardize the public health or environment. (2) Portions of lined lagoons may be located below grade in accordance with Subparagraph (f)(1) of this Rule. (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 -1 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/mz/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- 1 cm/sec may be used in conjunction with a synthetic liner to meet the maximum permeability of 10-1 cm/sec or equivalent. (7) The surface of the supporting soil on which the liner will be installed shall be reasonably 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 appropriate means. (m) Septage detention and treatment facilities shall adhere to the following minimum setback requirements: (1) D o..�ee, residence, place of business, except Septage firm business, or place of public assembly — 100 feet; (2) WeI1 well or water supply spring — 100 feet; (3) Suffaee surface waters — 100 feet; (4) Pr -ape roe lines — 50 feet; (5) Faeilities facilities permitted after April 1, 2010 the eff e4ve date of this Rule shall not be located in the 100-year flood plain hazard afea. area; (6) &e4 soil wetness, as determined in Pat4� of Rule .0837.0837(a)(3)(A) of this Section — 12 inches; (7) Sethaeks 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 u (8) Setbacks setbacks in Subparagraphs (1) through (4) of this Paragraph shall be increased 100% for lagoons; and (9) Aeeufate accurate property line location is shall be the responsibility of the site operator. (n) All sett, eks shall be fnaif.,.: At the time of initial permitting, septage detention and treatment facilities shall observe the minimum setback distances specified in this Rule. Minimum setbacks shall be maintained throughout the life of the facility only on land owned, operated, or controlled by the permittee or by the landowner(s) at the time of initial permitting. Any sale, lease, or other conveyance of land by the permittee, or by the landowner(s) if different from the permittee, subsequent to the initial permitting of f 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 the off etive date of this Rule to prevent offsite contamination from major spills, or 100% containment shall be provided. Increased setbacks shall be up-te twice the minimum distance as indicated in Subparagraph (m)(1) through (4) of this Rule. Rule, unless the permitted Permitted volume and the proximity to residences, wells or water supply springs, surface waters, and or property lines dictate a reduced setback determined by the Division on a case -by -case basis. will determine setback. (p) Storage containers for individual restaurants shall be: (1) I eeated located above grade and protected from vehicular traffic; (2) Maintaifte maintained to be impervious to flies fly tigh and in a sanitary condition; (3) Plaee placed at a location and acceptable to standafds and determined by the local health department and the NC Department of Health and Human Services; NC; Division of Envi .,.rmenta Health; and (4) No 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, slate 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; ^ eempleted eeased opeFation form submitted to the T ivisio (2) till all liquids and solids, resulting from septage detention or treatment, removed from all portions of the facility and properly managed or disposed at an appFopriate, approved facility; and (3) A11 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) Tkke the date that the septage is received at and removed from the facility; (2) Name name of the septage management firm that delivered the septage; (3) T- ype type and amount, in gallons, of septage received; and (4) e where septage is discharged. (v) Record keeping for treatment facilities shall include: (1) Date date septage is received at the facility; (2) Dame name of the septage management firm that delivered the septage; (3) Type tyke and amount, in gallons, of septage received; (4) ate date processed material(s) is removed from the facility; (5) Type tyke and amount, in tons or gallons, of material removed from the facility; and (6) '_`. anagemen management methods for each type of material removed by the facility. €aeili (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. 2010: Readopted Ef.January 1, 2019. 15A NCAC 13B .0842 INNOVATIVE OR ALTERNATIVE TREATMENT OR STORAGE METHODS (a) Applications for permits for innovative or alternative tfea4ment treatment, storage, or land application methods that do not fit the criteria outlined in this seefien willSection shall be reviewed in accordance with N.G.G.S. G.S. 130A-291.1(i). (b) Applications shall include: if reVir-ed by G.S. 89G, a pr-efessienal en i F shall prepare these deeffments. [Note: The North Car-ohna Board of Examiner-s for- Engineers and Suf-veyer-s has etet:Faifie4, via lettef da4ed Nlar-eh 11, 2010, that pr-epafa4ian e 'ering design deetiments for- altefnafive tfeatmeat fnetheds that do not fit the er-itefia atitlined in this Seetion eeffstitutes pr-ae6eing (1) T-he the information required in Rule .0836(c) of this Section; (2) An an operation and maintenance manual consistent with the requirements of Rule .0836(e)(4) of this Section; R-We .0836(e)(4); (3) Means 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 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) €q" equal or better treatment of the waste; (2) equal or better protection of the waters of the state; and (3) No no increased potential for nuisance conditions from noise, edef odor, or vermin. History Note: Authority G.S. 130A-291.1; Eff. April 1, 2010. 2010; Readopted Eff. January 1, 2019. 15A NCAC 13B .0843 LAND APPLICATION SITE LAND USE AND SITE CLOSURE (a) ^ a� Upon closure of a land application site permitted in accordance with this Section, adherence to the site restrictions in 40 CFR 503.32 shall be required. (b) Nursery and horticultural products, trees and other forest products, ifieluding btA fiet lifnited to 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. 40 CFR 503 32(e) of Subp rt D (d) The permit holder or operator of the site shall submit a written notification to eetify 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 thiA'Rtion. 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. 2009; Readopted January 1, 2019. 15A NCAC 13B .0844 TRANSPORTATION OF SEPTAGE (a) Vehicles used for the transportation of septage shall be operated and maintained to prevent All septage shall be 4anspet4ed ift a safe, sanitafy manner- that pr-events leaks and spills of septage and shall comply with the following: (1) A11 all tanks shall be constructed of metal and pefmanently a#aehed affixed to the truck bed with permanent fixtures such as bolts; , (2) A-4 all valves shall be in pr-epeworking order and be eempletelclosed during transportation; (3) -A4 all access ports shall have p .g lids in good repair and be ,., mpletely elesod sealed during transportation; (4) Paitahle portable toilet pump units that slide into pickup truck beds shall be bolted to the trucks in accordance with manufacturer specifications; (5) Beats boats used to pump or transport septage shall be United States Coast Guard approved or engineered construction plans shall be available indicating that the specific craft is stable in the water when fully leaded; loaded with septage, and if required by G.S. 89C, a professional engineer shall prepare these documents; and (6) Tanks tanks that are mounted on trailers for the pumping or transportation of septage shall meet all applicable state State and federal requirements for highway use. (b) All permitted septage management firms shall display dee-als a lettering on each side of every pumper vehicle operated by the firm. The deeals a lettering shall include the firm name, address (tevffl name), town name, phone number, and septage management firm permit ntHEben number as shown on the firm application. All deeals e lettering required by this Rule on the pumper vehicle shall be no less than three inches in height and plain clearly legible and visible. not obstructed from view. Identification shall not be removable (i.e. no ma neg tic signs). ., no removable 4gP4. (c) Applicants for septage management firm permits wkiethat 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 seetie 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 all pai4s a this Rule. History Note: Authority G.S. 130A-291.1; Eff. October 1, 2009. 2009; Readopted January 1, 2019. 15A NCAC 13B .0845 REVOCATION OF PERMITS History Note: Authority G.S. 130A-291.1; Eff October 1, 2009. 2009; Repealed Eff.January 1, 2009. 15A NCAC 13B .0846 APPEALS (READOPTION WITHOUT SUBSTANTIVE CHANGES) C-24 From: Montie, Jessica To: Montie. Jessica Cc: "pamlicojd(algmail.com"; "iwilseyemc(abyahoo.com"; Thomas. Lois; "PReynolds(a ncdoj.gov"; "billwette(ftughes.net"; "ArataEMCCaamail.com"; "suzannelazorick(cbamail.com"; "Ghpettus13(abamail.com"; "dandersonemc(abgmail.com"; aocemc(abgmail.com"; "carterdenr(&gmail.com"; "m.e.deerhake(ftmail.com"; "belam43(abgmail.com"; "Barbaranelll(abcharter.net"; "stevepkeenemc(abgmail.com"; "meiburgemc gmail.com"; "rubin(a)ncsu.edu"; "CMcLain(a ncdoj.gov"; Worley. Wendy; "susan.heim(abncdenr.com"; "mike(casmithaardnerinc.com"; "rwilliams(@NCLM.ORG"; "iohanna.reese(abncacc.org"; "rick.kolb(@ncblg.org"; "aritter(&ncbels.org"; "aclapp(aborangecountync.gov"; Deal. Nancv; Berkowitz, Steven; Angoli. Trish; "david.coleman(cbmecklenburgcountync.aov"; "Jamie(abncconservationnetwork.org"; "molly.diggins(absierraclub.org ; "ctaylor(abselcnc.org"; "rdove(nec.mcom";"henri(almccleesconsulting.com"; "doucilassiter amail.com"; "kshaffer(cbagriwaste.com"; "allenhardisonl@cimail.com"; "iioyce(abjoyceengineering.com"; "cstahKbmaconnc.org"; "dmoore36(abwm.com"; "david.repDer(cbwasteindustries.com"; "adively(aboranaecountync.gov"; Ji)icou(@maconnc.org"- "iilaw(a scsengineers.com"; "iioan(a smithgardnerinc.com"; "Joe.Hack(a MecklenburgCountyNC.gov"; loe.readlina(ftdrinc.com";"iiohn.pfleaer((�)wasteindustries.com"; "iiohn.roberson(cbwakeaov.com"; "YangKJ(a cdmsmith.com"; "ColoneMF(@cdmsmith.com";"meinsmann(o)republicservices.com"; upDerneuserKbsoundrivers.org"; "michael.Plummer(c)hdrinc.com"; ;Daul.meehan(@hdrinc.com"; ;Dhilip(athespoils.biz"; "Rachel Kirkman(agolder.com"; "REssick(cbwm.com";"smouw(abrecyclingpartnership.org"; "scarrol3(cawm.com'; "vmoore(abgarrett-moore.com'; "iim(cbearthfarms.com'; "kmartin(dsandec.com'; Young. Jeff; DEN R. DWM. EVERYONE Subject: Notice of Comment Period for Readoption and Amendments to Rules 15A NCAC 13B .0800 for Septage Management Date: Tuesday, August 14, 2018 1:33:00 PM Attachments: image001.pnng imaae005.emz image006.pnng imaae007.Dna Notice is hereby given in accordance with G.S. 15013-21.2 and G.S. 150B-21.3A(c)(2)g. that the Environmental Management Commission intends to amend the rule cited as 15A NCAC 13B .0830, readopt with substantive changes the rules cited as 15A NCAC 13B .0831-.0833, .0835-.0839, .0841-.0845, and readopt without substantive changes the rules cited as 15A NCAC 1313.0834, .0840, and .0846. Link to agency website pursuant to G.S. 15013-19.1(c): http://deq.nc.gov/permits-regulations/rules- regulations/proposed-main The Published Rulemaking Notice and Information including the Proposed Rule Text and the Regulatory Impact Analysis for 15A NCAC 13B .0800 Septage Management can be reviewed at https://deq.nc.gov/documents/15a-ncac-13b-0800-septage-management. Public Comment Period & Hearing Information Public Comment Period: August 15, 2018 to October 15, 2018 A Public Hearing has been scheduled as follows: Date: September 6, 2018 Time: 6:00 p.m. Location: NCDEQ Green Square Building, 217 West Jones Street, Raleigh, NC 27603, Room 1210 Proposed Effective Date: January 1, 2019 All persons interested in this matter are invited to attend the public hearing. Any person desiring to comment is requested to submit a written statement for inclusion in the record of proceedings at the public hearing. The hearing officer may limit oral presentation lengths if many people want to C-25 speak. The hearing record will remain open from August 15, 2018 to October 15, 2018 to receive additional written statements. To be included, the statement must be received or postmarked by October 15, 2018. Submit Comments by e-mail to: iessica.montie(@ncdenr.gov Submit Comments by mail to: Jessica Montie, Solid Waste Section INC DEQ Division of Waste Management 1646 Mail Service Center Raleigh, INC 27699-1646 Please share this announcement with others who may be interested. C-26 APPENDIX 2 Hearing Transcript and Attendance Sheet C-27 HEARING OFFICER PRESENTATION I am calling this public hearing to order. My name is Bob Rubin and I am a member of the Environmental Management Commission. I am the presiding officer for this evening's hearing. This public hearing is being held by the Environmental Management Commission to solicit written and oral comments on rules relating to septage management. The Environmental Management Commission is granted authority in the North Carolina General Statutes to adopt certain rules as long as the procedures specified in General Statute 150B are followed. Accordingly, a public notice containing the proposed rules under consideration was published in the August 15, 2018 edition of the North Carolina Register and on the Department of Environmental Quality (DEQ) website, and was sent by e-mail to interested parties including, but not limited to, advocacy groups, local government contacts, and industry contacts. The audio of this hearing is being recorded for the record. The purpose of this hearing is to receive public comments on 15A NCAC 13B Rules .0830 - .0846 for Septage Management, which collectively establish standards for the transportation, storage, treatment, and disposal of septage. Amendments to these rules are being considered by the Environmental Management Commission as part of the readoption process pursuant to G.S. 150B-21.3A, which requires that existing rules be reviewed every 10 years. As the hearing officer, it is my responsibility to listen to your comments and assist in the preparation of the hearing report, which summarizes the information presented tonight, all comments received tonight and throughout the comment period, and provides recommendations to the Commission on the proposed rule -making. The Commission will make the decision on the final action, which may be to accept the hearing officer's recommendations, modify them, or take a different course of action. As it now stands, the Commission should consider the adoption of the proposed rules at their November 8, 2018 meeting in Raleigh. The Commission is interested in your comments on these rules to help them decide what the final rule language should be for their consideration. The Commission is not only seeking your comments on the proposed rule language, but also on the Regulatory Impact Analysis document. Information on these rules has been available on the DEQ website since August 15, 2018, and copies of these documents can be found at the table in the entryway. The information includes proposed wording of the rules, an explanation of the rules, information on the public comment period and contact information for submitting written comments, and information on the possible impacts from the rules as provided in the Regulatory Impact Analysis. If anyone has written comments they would like to provide, including any speakers who have written copies of their comments, please provide them to the staff before leaving today. Written comments prepared after the hearing may be submitted by e-mail or US Mail to Jessica Montie at the address provided in the information available at the back of the room today or on the DEQ website. All comments received by October 15, 2018 will be included in the public comment record. Equal weight is given to both written and oral comments. I appreciate everyone's attendance and would like to take this time to recognize any public officials in attendance tonight. (none attending) Now I would like to invite any additional public or elected officials to stand and introduce themselves. I would also like to recognize members of the DEQ staff that are here. Will you please raise your hands? C-28 At this time, I will provide an overview of how the meeting will be conducted: I will call on speakers for each rule set in the order they signed up to speak. If you wish to speak and have not yet signed up, you still have the opportunity to do so at the table in the entryway. 2. When your name is called, please come to the microphone, and clearly state your name and any group you may be representing or affiliated with. 3. Each speaker will be limited to 5 minutes so that everyone who wishes to speak has an opportunity to do so. Staff will keep track of the time and raise a sign to indicate when you have 1 minute remaining and when you have 30 seconds remaining to finish your comments. 4. All public comments will be directed to me as the hearing officer. 5. 1 ask that everyone respect the right of others to speak without interruption. 6. Please keep your comments concise and limit them to the proposed rulemaking. 7. At the end of the meeting, if time remains, we will ask if anyone who did not sign up would now like the chance to speak. At this time, I will provide a brief description of the proposed amendments to the rules. Rules .0830 through .0846 are proposed for amendment to update the Department name, Division address, and website addresses, remove redundant language, and to make technical corrections, clarifications, or for consistency in wording with other regulations. The Division is also proposing that the order of the Rules in this Section be rearranged, so that the rules for each permit type are grouped together and can easily be referenced depending on the type of permit (septage firm, land application sites, and treatment and detention sites). This change will be made during the rule -making following public comment, and the proposed new order is shown in the information provided and was also published in the NC Register. Other notable changes in requirements for these rules are as follows: • Rules .0831 and .0835 are proposed for amendment to remove the definition of and requirement for a Technical Specialist to prepare a nutrient management plan, and instead require that an environmental professional prepare this plan. • Rule .0841(b) is proposed for amendment to require that septage detention and treatment facilities have an all-weather assess road to be consistent with the same requirement for septage land application sites. • Rule .0838 is proposed for amendment to remove paragraph (a)(14) regarding the requirement that grease for land application must have been pumped from the trap within the last 90 days. I will now call on speakers that signed up to give comments. Since there are no comments, this hearing is closed. The public comment period will remain open until October 15, 2018. Written comments may be submitted to Jessica Montie at the email address or mailing address provided in the information available at the back of the room. w J w U) O IL O Ix a O LL z a w J m a _ W Q w 0 N co W W _ cc w t� z a 0 Z w a C-29 � Y 0 LU Lu m W LLOy I-- (.) IL Yw 0 W Y U J IL W 0 G o� a $ V 0 m s 0 v0 q J d Q c o (l 3 � z Ro+ z - w � ! W •c w E n W r�+ a w r N P O 0 0 0 0 m eh r O O eo w F O 3 J QLU- N m � J Y 10 d a j r, .3 w p �. z N ! ft U v� r N co 'fit Lo N M tt !ly tD r r r r r r r C-30 APPENDIX 3 Comments Received and Addressed Prior to the Comment Period C-31 From: SVC DENR.DWM-Rules To: SVC DENR.DWM-Rules Cc: iofohl(cbmesco.com Subject: [15A NCAC 13B .0831] Rule Comment Date: Friday, September 16, 2016 4:02:26 PM Agency: Agency - Environmental Management Commission G.S. 15013-21.3A Report for 15A NCAC 1313, SOLID WASTE MANAGEMENT Rule Citation: 15A NCAC 13B .0831 Rule Name: DEFINITIONS Commenter Name: Jonathan Pfohl Company/Organization: Municipal Engineering Services Email: jpfohl@mesco.com Zip: 27529 Do I agree with the Agency's determination? Yes I would determine this rule's classification as: undefined Do I want to submit a written comment on this rule? Yes My comment type on this rule is: An objection to the rule Do I want to enter a comment, or submit a file? Enter a comment My Comment Text: Definition 14 defines SHWT as in "soil". What if the groundwater is in rock beneath the proposed landfill? Would this geological condition preclude the requirement to determine the SHWT? C-32 From: Youna. Jeff To: Montie, Jessica Cc: Cox, Vernon N; Shepherd, Michael D Subject: Readoption and Amendments to 15A NCAC 13B Section .0800 Date: Tuesday, January 02, 2018 4:02:55 PM Ms. Montie- Our division has a concern with language in the proposed rules for septage management being considered for readoption. Specifically, the inclusion of technical specialist in development of nutrient management plans for sites receiving more than 50,000 gallons of septage per acre per year. My predecessor, Natalie Woolard, may have had some discussions with your organization about this in the past. However, I am not aware of what was discussed or any decisions. A technical specialist, as defined in the proposed rules (15A NCAC 13B .0831), is "an individual designated by the Soil and Water Conservation Commission, pursuant to rules adopted by that Commission, to certify animal waste management plans." The Soil and Water Conservation Commission (SWCC) categorizes technical specialists into seven different designations, several of which are not specifically development of animal waste management plans. We do not have any training available nor expertise in residential, commercial, and industrial waste byproducts and their incorporation into an acceptable waste management plan. Technical specialists, as currently designated by the SWCC, are not equipped for developing plans of this nature. I ask the Groundwater and Waste Management Committee reconsider inclusion of SWCC- designated technical specialist in septage management rule 15A NCAC 13B .0835 (c)(12)(L). That role is better served by a licensed soil scientist, professional engineer, or professional geologist. Please contact me so we can discuss further. It is in our collective interest to address this concern before adoption by the EMC. Thank you for your consideration. -Jeff Young, PE Technical Services Section Chief NCDA&CS - Division of Soil and Water Conservation 1301 Fanning Bridge Road Fletcher, NC 28732 Phone:828-687-6987 Cell: 828-606-3480 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. C-33 From: Alan Clapp To: Montie. Jessica Cc: Mussler, Ed; Ulishney, Adam; Cobb. Chester; Elaine(sbExecman.net; greene. scoff Subject: [External] RE: NCDEQ Request for Feedback on Rule Amendments Date: Wednesday, April 25, 2018 10:44:32 PM Attachments: imaae001.ona imaae002.pnng imaae005.ona imaae006.pnng imaae008.ona External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Jessica, In regards to your particular question about nutrient management plans (.0835 (c)(12)), in my opinion that subject falls more in line with agronomy and agronomic rates as provided by an Agronomist since it pertains to crop growth and uptake. However, application rates based on soil factors would be in line with the practice of soil science as in .0837 requirements. I have asked several scientists to provide comments on this rule set prior to EMC review. Thank you for the opportunity to comment. Alan Alan Clapp Environmental Health Soil Scientist Phone: 919.245.2360 / Fax: 919.644.3006 / Cell: 336-202-6808 Website: htto://www.co.oraniae.nc.us/envhlth/index.asi) Email: aclappCcDorangecountync.gov Know The Flow? Check Out The Video www.OrangeCountyNC.gov/Health/Septic Assist ORANGE GOu`•;_.. HEALTH DEPAIMMENT �mprawing health_ Onsplfrng change_ AL dt If 1p Please tell us how we are doing by taking this very quick survey. We appreciate your comments. https://www.surveymonkey.com/r/EHSURVEY2017-2018 C-34 From: Montie, Jessica [mailto:jessica.montie@ncdenr.gov] Sent: Wednesday, April 11, 2018 3:43 PM To: Alan Clapp Cc: Mussler, Ed; Ulishney, Adam; Cobb, Chester; Elaine@Execman.net Subject: NCDEQ Request for Feedback on Rule Amendments Mr. Clapp, please see the attached request from NCDEQ for feedback from the NC Board of Licensed Soil Scientists regarding the proposed amendments to rules for the management of septage, 15A NCAC 13B Section .0800. The proposed rule amendments are scheduled to be presented to the Environmental Management Commission in July 2018 for approval of the changes to go to public comment from August to October 2018, but will first be reviewed by the Groundwater and Waste Management Committee of the EMC in May 2018. NCDEQ is preemptively seeking feedback from the Board prior to the formal public comment period. Please let me know if you have any questions, and thank you for your time. Jessica Montie Environmental Program Consultant Field Operations Branch, Solid Waste Section Division of Waste Management NC Dept of Environmental Quality 919 707 8247 office 0essica. montieQncdenr.gov Physical Address: 217 West Jones Street Raleigh, NC 27603 Mailing Address: 1646 Mail Service Center Raleigh, NC 27699-1646 txlothing Compares --,,,— Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. C-35 From: Alan Clapp To: Montie. Jessica Subject: [External] Fwd: FW: NCDEQ Request for Feedback on Rule Amendments Date: Thursday, April 26, 2018 8:23:02 PM Attachments: imaae001.ona imaae004.pnna External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Jessica, Comments received from Consulting Soil Scientists of the Carolinas. Hope this all helps in your discussions. Alan Alan Clapp, Chairman NC Board of Licensed Soil Scientists ---------- Forwarded message ---------- From: Larry Baldwin <lbaldwin(cr,,ec.rr.com> Date: Thu, Apr 26, 2018 at 11:50 AM Subject: RE: FW: NCDEQ Request for Feedback on Rule Amendments To: Alan Clapp <chair(&ncblss.org>, Kevin Martin <kmartin(cr�,sandec.com>, bbranchUbranchrs.com, "greene, scott" <scott.greene cni dhhs.nc.gov>, Mike Vepraskas <sscmjv(cr�ncsu.edu>, Don Wells <dwells(c�r�sandec.com>, walter giese <wdgiesena gmail.com>, Jeff Vaughan <jvaughann_.agriwaste.com>, rob (&willcoxmabesoil.com, Jim Beeson <JBeeson6n�mail.com>, Aziz Amoozegar <sscaag ,,ncsu.edu> Cc: Daniel Bliley <dblileyl(c�r�nc.rr.com>, Nick Howell <nhowell(a�.lmgroup.net>, Black Elwood <eblacko.nc.rr.com>, Barrett Kays <barrettkay�gmail.com>, Craig Turner <ctumernlmgroup.net>, Jason Hall <jha�,centralcarolinasoil.com> To: Alan Clapp, Chair NCBLSS Re: Response to April 11, 2018 email regarding NCDEQ Rules Thank you for the opportunity to comment on the proposed NCDEQ Rules regarding solid waste management, and in particular nutrient management under .0835 (c) (12),. We circulated your request to several of our professional consulting soil scientists. Below is our summary of comments: ---Licensed or certified soil scientists are educated, trained, and experienced in the C-36 multifaceted aspects of soil science, natural resources, and land usage. Soil chemistry, mineralogy, physics, hydropedology, classification, fertility, nutrient management are fundamental principles towards meeting the requirements of a licensed or certified soil scientist. ---These multifaceted soil science principles always come into consideration for the proper applications of wastewater, stormwater, solid waste, septage, and other land -use amendments or potential pollutants. ---Nutrient management is not just the simple application of amendments, but must consider site characteristics, hydrology, soil types, plant type & uptake, etc (eg. N, P, heavy metal, or organic applications to a somewhat poorly drained sandy soil vs. a well -drained loamy soil type..... both with rye grass.) Knowledge and experience with the type of amendments, their reactions, plant uptake, buffering capacity, and/or fate are paramount. Qualified soil scientists possess this knowledge and experience. ---Licensed or certified soil scientists have the additional advantage of differentiating between generalized published soil survey information and ground -truth reality, representative site/soil sampling, and analysis / interpreting real -world data. ---Nutrient management plans, as stated within NCDEQ Rule .0835 (c) (12), should be well within the competence and expertise of licensed or certified soil scientist as these agronomic principles are integral to their basic education, practical & written testing, continuing education requirements, and professional experience. A professional soil scientist also provides efficiency by not having to engage separate environmental specialists to perform singular duties. ---Licensed professions, such as a NCLSS, also provide further assurances that the expectations of a stated task are performed ethically and professionally, since their livelihood to practice are dependent upon it, and with full liability for their professional acts. This is especially paramount when any practice involves the public health, safety, and welfare. Thank -you again for the opportunity to provide inputs into the amended NCDEQ rules. If you should have any questions or need clarifications, please call or email me. C-37 Larry F. Baldwin, CPSS / NCLSS Consulting Soil Scientists of the Carolinas, Inc. (910) 471-0504 LBaldwinQec.rr.com t i 1 LX From: Alan Clapp [mailto:chair(@ncblss.org] Sent: Wednesday, April 11, 2018 10:46 PM To: Kevin Martin <kmartinPsandec.com>; bbranch(@branchrs.com; greene, scott <scott.greene(@dhhs.nc.gov>; Mike Vepraskas <sscmiv(@ncsu.edu>; Don Wells <dwells(@sandec.com>; walter giese <wdgiese(cDgmail.com>; Larry Baldwin <Ibaldwin(@ec.rr.com>; Jeff Vaughan <ivaughan(@agriwaste.com>; rob(@willcoxmabesoil.com; Jim Beeson <JBeeson6(@gmail.com>; Aziz Amoozegar <sscaag(@ncsu.edu> Subject: Fwd: FW: NCDEQ Request for Feedback on Rule Amendments Fellow Soil Scientists, Please get me any feedback you may have on the attached rule set particularly the requested rule .0835 (c) (12) so that the NCBLSS can reply to DWM. I think their thought process is that .0835 (c) (12) falls more under the umbrella of agronomy where other parts of the rule set requires soil scientists. Thanks, Alan Alan Clapp, Chairman NC Board of Licensed Soil Scientists From: Montie, Jessica[maiIto: iessica.montie(a)ncdenr.gov] Sent: Wednesday, April 11, 2018 3:43 PM C-38 To: Alan Clapp Cc: Mussler, Ed; Ulishney, Adam; Cobb, Chester; Elaine(a)Execman.net Subject: NCDEQ Request for Feedback on Rule Amendments Mr. Clapp, please see the attached request from NCDEQ for feedback from the NC Board of Licensed Soil Scientists regarding the proposed amendments to rules for the management of septage, 15A NCAC 13B Section .0800. The proposed rule amendments are scheduled to be presented to the Environmental Management Commission in July 2018 for approval of the changes to go to public comment from August to October 2018, but will first be reviewed by the Groundwater and Waste Management Committee of the EMC in May 2018. NCDEQ is preemptively seeking feedback from the Board prior to the formal public comment period. Please let me know if you have any questions, and thank you for your time. Jessica Montle Environmental Program Consultant Field Operations Branch, Solid Waste Section Division of Waste Management NC Dept of Environmental Quality 919 707 8247 office iessica.montie&ncdenr.gov Physical Address: 217 West Jones Street Raleigh, NC 27603 Mailing Address: 1646 Mail Service Center C-39 APPENDIX 4 Comment Received During the Comment Period C-40 Chairman Richard A. Kolb Vice Chairman John William Miller Secretary -Treasurer Kenneth B. Taylor Members George Richard Garrett Robert Mensah-Biney John W. Stevens P.O. Box 41225 Raleigh, NC 27629-1225 Telephone 919-850-9669 www.ncblg.org Email: barbara.geigerCncblg.org North Carolina Board for Licensing of Geolo wdlvpm August 28, 2018 Jessica Montie, Compliance Officer Solid Waste Section NC Department of Environmental Quality 217 West Jones Street Raleigh, NC 27699-1646 Re: Comments on 15A NCAC 13B Section .0800 Septage Management Rules Dear Ms. Montie, AUG 31 2018 SOLI) WASTE SECTION Thank you for your letter of April 11, 2018 inviting comments from the North Carolina Board for Licensing of Geologists ("Board") on the proposed amendments to the Septage Management Rules. In addition to the set of rules you provided with your letter, we have reviewed the proposed rules published in the August 15, 2018 North Carolina Register. At the Board's request, I am providing the following comments: The Board concurs with statements set forth in its letter of January 7, 2010. In addition, the Board agrees that proposed amended 15A NCAC 13B .0835(c) appropriately requires the work of a licensed professional. The Board agrees that the documents required by this rule constitutes the practice of geology under G.S. 89E, soil science under G.S. 89F or engineering under G.S. 89C. Hence, the oversight and seal of a licensed professional experienced in one of those fields is appropriately required by the proposed amended rule to ensure the safety and welfare of the public. Specifically, such work is within the scope of the practice of geology as contemplated by the Geologists Licensing Act set forth in North Carolina General Statute §89E. The Board also approves the revised definition for Licensed Geologists set forth in 15A N.C.A.C. 13B .0831(4). C-41 Jessica Montie 8/28/18 page 2 Thank you for the opportunity to provide comments on the proposed amendments. Please let us know if you have any questions regarding the information in this letter. Sincerely, Richard A. Kolb, L.G. Chair, North Carolina Board for Licensing of Geologists RAK/bug C-42 APPENDIX 5 Hearing Officer Designation Memo C-43 ENVIRONMENTAL MANAGEMENT COMMISSION NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Roy Cooper, Governor Michael S. Regan, Secretary September 4, 2018 MEMORANDUM To: Commissioner Dr. Albert Rubin David W. Anderson Shannon M. Arata Gerard P. Carroll Charles Carter Marion Deerhake Charles B. Elam Mitch Gillespie From: J.D. Solomon r-�" Chairman of Environmental Management Commission Subject: Hearing Officer Appointment John D. Solomon Chairman Julie A. Wilsey Vice Chairman Steve Keen Dr. Suzanne Lazorick Dr. Stan Meiburg George H. Pettus Manning Puette Dr. Albert R. Rubin A public hearing has been scheduled for Thursday, September 6, 2018 at 6:00 P.M. in Raleigh at 217 W Jones St, Raleigh, NC, Training Room 1210. The purpose of this hearing is to seek public input on rules for Septage Management, 15A NCAC 13B Section .0800. I am hereby appointing you to serve as hearing officer for this hearing. Please receive all relevant public comments and report your findings and recommendations to the Environmental Management Commission. Ms. Jessica Montie with the Div. of Waste Management, Solid Waste Section, will provide staff support for you. If you have any questions, please feel free to contact Jessica Montie at 919-707-8247. JDS/lct cc: Lois Thomas Jessica Montie Hearing Record C-44 APPENDIX 6 Agency Head Certification C-45 CERTIFICATION OF THE AGENCY HEAD REGARDING COMPLETION OF A FISCAL NOTE AND RULE ANALYSIS IN RE: 15A NCAC 13B Section .0800 Septage Management FINDINGS The Chair of the North Carolina Environmental Management Commission ("the Commission") is appointed by the Governor to guide and coordinate the activities of the Commission in fulfilling its duties. G.S. § 143B-284. The Commission has the power and duty to promulgate rules to be followed in the protection, preservation, and enhancement of the water and air resources of the State. G.S. § 143B-.282(a). The undersigned Chair of the North Carolina Environmental Management Commission hereby certifies that the attached rules comply with the rulemaking principles set out in Executive Order No. 70 as amended by Executive Order 48 (2014). The Chair specifically certifies the following: 1. The attached rules are necessary because the rules are required by federal law, citation: X required by state law, citation: G.S. 150B-21.3A X deemed necessary by the agency to serve the public interest 2. These rules were based on sound, reasonably available scientific, technical, economic, and other relevant information that can be found in the rulemaking record. The rulemaking record can be found in the minutes of the Commission and in supporting documents. Those documents can be found on the Division of Water Resource's webpage at http://deq.nc.gov/about/divisions/water-resources/water- resources-commissions/environmental-management-commission or may be requested from the Clerk of the North Carolina Environmental Management Commission at EMCclerk@ncdenr.gov. 3. The fiscal impacts of the rules have been analyzed and appropriate action taken as follows: X The Commission determined that no fiscal note was required under G.S. § 150B-21.3A and 15013-21.4; or A fiscal note has been prepared and approved by [or submitted to] the Office of State Budget and Management in accordance with G.S. § 150B-21.4. A copy of the fiscal note can be found in the rulemaking record at the locations described in (2) above. 4. The rules meet all other requirements of Executive Order No. 70. C-46 Based upon the foregoing Findings, and pursuant to the requirements of the North Carolina Administrative Procedures Act and Executive Order No. 70, the undersigned makes the following: CERTIFICATION The following proposed rules, 15A NCAC 13B .0830 through .0846, entitled "Septage Management", are in compliance with Executive Order No. 70. This, the 12th day of July, 2018 at Raleigh, North Carolina. X14-11- CV/air North Carolina Environmental Management Commission