13B_.0800_RegulatoryImpactAnalysis

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Regulatory Impact Analysis
Proposed Amendments and Rule Readoption
15A NCAC 13B Section .0800 Septage Management
Prepared by
Jessica Montie
NC Division of Waste Management
Solid Waste Section
[phone]
May 17, 2018

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Basic Information
Commission: Environmental Management Commission
(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 It is the responsibility of the Division of Waste Management to regulate
Proposed 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; specifically, G.S. 130A-291.1 for septage management.
Rules 15A NCAC 13B .0830 - .0846 collectively establish standards for
the transportation, storage, treatment, and disposal of septage; operator
registration and training; the issuance, suspension, and revocation of
permits; and procedures for the payment of annual fees.
Agency Contact Jessica Montie
Environmental Program Consultant
[e-mail]
[phone]
Authority G.S. 130A-291.1; G.S. 15013-21.3A
Statement of Rules .0831 - .0846 are proposed for readoption in accordance with G.S.
Necessity 150B-21.3A. Rule .0830 is proposed for amendment to make some
clarifying changes and updates.
Impact Summary State government: No
Local government: No
Substantial impact: No
Acronyms EMC: Environmental Management Commission
GWWMC: Groundwater and Waste Management Committee
RRC: Rules Review Commission
OAH: Office of Administrative Hearings
SLAS: Septage Land Application Site
SDTF: Septage Detention and Treatment Facility
NC DACS: NC Department of Agriculture and Consumer Services
DSWC: NC DACS Division of Soil and Water Conservation

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Rule Summary and Reason for Rule Changes
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 1313, Rules .0830 - .0846 Septage Management.
In accordance with G.S. 15013-21.3A, the report of final determinations for the review of rules in
Subchapter 13B became effective June 24, 2017. The final determinations for the rules in Section
.0800 were necessary with public interest, except that Rule .0830 was necessary without public
interest effective June 24, 2017. The rules determined to be necessary with substantive public
interest (Rules .0831 - .0846) are proposed for readoption pursuant to G.S. 150B-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. The proposed rule
text is included in Appendix 1. The proposed rule -making schedule is as follows:
Date
Action
5/9/2018
GWWMC Meeting: Approval of proposed text to go to EMC.
7/12/2018
EMC Meeting: Approval of rule text and impact analysis for public comment.
7/25/2018
Submit rule text to OAH for publication in NC Register.
8/15/2018
Rules published in NC Register and Agency website; Comment Period Begins.
8/30/2018
Earliest date for public hearing.
10/15/2018
Comment Period Ends.
11/8/2018
EMC Meeting: Approval of Hearing Officer's Report and Adoption of Rules.
11/20/2018
Submit text and forms to OAH
12/20/2018
RRC meeting: Approval of rule text
1/1/2019
Earliest effective date for rules.
Interested or Affected Parties
The parties who may have an interest in Subchapter 13B Section .0800 rules for septage
management which are proposed for amendment and readoption are as follows:
Septage Management Permitted Facilities:
The following is a list of open/active (in April 2018) septage management permits issued by the
Division that are open/active as of April 2018 which make up the current regulated community for
septage management:
540 Septage Management Firm Permits (firms with trucks used to pump and transport septage).
117 Septage Land Application Site Permits.
186 Septage Detention and Treatment Facility Permits.

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State A e
DEQ DWM Solid Waste Section Environmental Compliance Branch staff that issue permits and
provide regulatory compliance, enforcement, and technical assistance for permitted septage
management firms, septage land application sites, and septage detention and treatment facilities;
and take enforcement action against unpermitted septage management and/or illegal dumping of
septage.
Local Governments:
Local Governments that approve zoning of septage management facilities.
Local Government wastewater treatment plants that accept septage waste.
Citizens of North Carolina:
Citizens who hire septage management firms to pump their septic tanks.
Citizens who live near septage land application sites or septage detention and treatment facilities.
Citizens who share the road with septage firm pump trucks.
Citizens who are affected by the unpermitted dumping or disposal of septage, and/or poorly
managed permitted septage management facilities.
Comments which were received during or following the public comment period for the Periodic
Review of Existing Rule Reports are included in Appendix 2.
Impact Su
Pursuant to G.S. 150B-21.3A(d)(2), if a rule is readopted without substantive change or if the rule
is amended to impose a less stringent burden on regulated persons, the agency is not required to
prepare a fiscal note as provided by G.S. 150B-21.4. Also, pursuant to G.S. 150B-21.4(d), if an
agency proposes the repeal of an existing rule, the agency is not required to prepare a fiscal note
on the proposed rule change as provided by this section. Throughout 13B Section .0800, Federal
and State Department and Division titles, addresses, and website information have been updated
to current information, and other changes have been made for technical corrections, clarifications,
or to remove unnecessary or redundant language. 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). However, for ease of review, this proposed change of order
and citations is not being included or addressed in this analysis. Following is a summary of the
impacts of the proposed substantive changes.
Rule .0830 Incorporation by Reference
Paragraph (b):
Benefit: The proposed amendment clarifies which agency's test methods are being incorporated
by reference.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.

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Rule .0831 Definitions
Multiple definitions are proposed to be amended to directly reference the statutes which contain
the definitions for these terms, or are proposed to be removed because the term is defined in statute
or in 15A NCAC 13B Rule .0101 Definitions, which apply to the entire Subchapter.
Paragraph (14):
Benefit: The proposed amendment revises the definition for "seasonal high water table" to make
the wording consistent with definitions in other Subchapters in Title 15A; however the amendment
is not a substantive change, and does not change any requirements regarding the seasonal high
water table.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (15):
The proposed amendment references the statute definition of septage. The additional language
requiring that washings from the interior of containers being managed as septage was moved to
Rule .0832(h).
Paragraph (20):
Benefit: The proposed amendment removes the definition for "Technical Specialist" as this term
would no longer be used in Section .0800 if the proposed amendments are adopted.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Rule .0832 General Provisions
Paragraph (a)(8):
Benefit: The proposed amendment allows SLAS or SDTF permits issued after the initial permit to
be valid for up to five years. This change gives the Division the ability to assist the applicant in
customizing the length of their permit if needed. The proposed amendment also removes the
requirement that the permit holder has not had a major violation and maintained records in
accordance with the Section to renew their permit. This language is not necessary as G.S. 130A-
23 allows for the suspension or revocation of permits for non-compliance.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (d)(4):
Benefit: The proposed amendment clarifies what the paint filter test is and where information can
be found, to be consistent with similar language in paragraph (d)(5) of this rule.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (d)(5):
Benefit: The proposed amendment updates the website address and removes as unnecessary the
requirement that the landfill operator provide written documentation that septage will be accepted,
as a landfill permit would contain information on what types of waste they can accept.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.

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Paragraph (h):
Benefit: This paragraph is proposed to be removed as it is unnecessary, and is proposed to be
replaced with a requirement that washings from containers be managed as septage. The
requirement is proposed to be added here to replace the requirement which is proposed to be
removed from the definition of "septage" in existing Rule .0831(15), because "septage" is a term
defined in statute.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Rule .0833 Septage Management Firm Permits
Paragraph (c)(13):
Benefit: The proposed amendment clarifies what is meant by "technical information". The
intention of requiring "technical information" was to require any firm who has unforeseen
equipment or processes outside of the "normal" or that is designed to function in a way that is not
typical of pump trucks (often an improvement or more advanced system) to submit information
regarding the specifications or operation of that vehicle to provide the Division with a record of
the alternative operations of that firm. The proposed language is intended to clarify the
requirement to allow the Division to request this type of additional information pertinent to the
firm's operations that cannot be anticipated or specified in the rule.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Rule .0834 Permit Fees
No fiscal note is required for this rule change as no substantive changes are being proposed in
readoption.
Rule .0835 Septage Land Application Site Permits
Paragraph (a):
Benefit: The proposed amendment clarifies what is meant by "his land" to be consistent with
existing permit requirement language in Rule .0201(b) of Subchapter 13B.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (c)(6):
Benefit: The proposed amendment removes the photo scale requirement on the aerial photographs
required to be submitted with the application as it is unnecessary. With the online availability of
GIS mapping and current satellite imagery, the photo scale is generally no longer relevant. This
change reduces the burden on the regulated community and is similarly proposed for amendment
throughout Section .0800 of Subchapter 13B.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (c)(7):
Benefit: The proposed amendment clarifies that the alternative disposal sites may be used during
any conditions which make the site unavailable for use, instead of the possible interpretation in
existing rule that they can only utilize the plan for alternative disposal sites during times of adverse

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weather. This amendment does not change the plan submittal requirements on the part of the
owner or operator, as the alternative disposal sites should be able to remain the same under the
broader set of circumstances, so the plan would not need to be revised because of this amendment.
The purpose of the amendment is only to allow the site owners or operators to use their alternative
sites, if needed, under a broader set of circumstances.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraphs (c) (12) and (c) (12) (K):
The proposed amendment to the introductory sentence to Paragraph (c)(12) and to Subparagraph
(c)(12)(K) of this Rule removes the requirement that all nutrient management plans be prepared
by a Technical Specialist as defined in existing Rule .0831(20), and replaces it with the
requirement that the plan be prepared by an environmental professional, as defined in the proposed
amendment added as the last two sentences of Paragraph (c)(12) of this Rule. The reason for the
removal of the requirement is that the definition of Technical Specialist in Rule .0831(20)
references certification pursuant to rules adopted by the Soil and Water Conservation Commission;
however, the Department of Agriculture which provides the training and certification in
accordance with the Soil and Water Conservation Commission's rules does not provide training
or certification for septage waste specifically, therefore this certification cannot be directly applied
nutrient management plans developed for septage waste. The Technical Specialists referred to in
existing rule are generally state government employees within the Department of Agriculture's
Division of Soil and Water Conservation. As the proposed rule would no longer specifically
require a Technical Specialist to prepare the plan, but would allow any professional with the stated
minimum level of education and training, this amendment allows for additional options for plan
preparation and reduces the burden on the regulated community in finding the appropriate specific
individual to prepare the plan.
Paragraph (c) (12) (A):
Benefit: The proposed amendment removes the scale requirement for aerial photographs or plat
maps submitted with the nutrient management plan as it is unnecessary. With the online
availability of GIS mapping and current satellite imagery, the photo scale is generally no longer
relevant.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (c) (12) (G):
Benefit: The proposed amendment clarifies the types of septage included in this requirement, so
that it would not be misinterpreted to include domestic septage that has not been treated, or to
exclude grease septage.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (c)(20):
Benefit: The proposed amendment clarifies what is meant by "technical information" in existing
rule. The intention of requiring "technical information" was to require any firm who has
unforeseen equipment or processes outside of the "normal" or that is designed to function in a way
that is not typical of septage land application sites (often an improvement or more advanced
system) to submit information regarding the specifications or operation of that vehicle to provide
the Division with a record of the alternative operations of that site. The proposed language is

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intended to clarify the requirement to allow the Division to request this type of additional
information pertinent to the site's operations that cannot be anticipated or specified in the rule.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraphs (c)(24) and (l):
Benefit: The proposed amendment in Paragraph (c)(24) states that the applicant needs to include
a copy of their zoning approval letter with their permit application, to replace the requirement that
zoning approval must be obtained in Paragraph (1) of existing rule, which is proposed to be
removed. Since existing language requires that zoning approval be obtained, the only change is to
include this approval documentation with permit application.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Rule .0836 Septage Detention and Treatment Facility Permits
Paragraph (a):
Benefit: The proposed amendment clarifies what is meant by "his land" to be consistent with
existing permit requirement language in Rule .0201(b) of this Subchapter.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (c)(9):
Benefit: The proposed amendment removes the scale requirement for aerial photographs or plat
maps submitted with the nutrient management plan as it is unnecessary. With the online
availability of GIS mapping and current satellite imagery, the photo scale is generally no longer
relevant.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (c)(11):
Benefit: The proposed amendment clarifies what is meant by "technical information" in existing
rule. The intention of requiring "technical information" was to require any facility who has
unforeseen equipment or processes outside of the "normal" or that is designed to function in a way
that is not typical of septage detention and treatment facilities (often an improvement or more
advanced system) to submit information regarding the specifications or operation of that facility
to provide the Division with a record of the alternative operations of that site. The proposed
language is intended to clarify the requirement to allow the Division to request this type of
additional information pertinent to the facility's operations that cannot be anticipated or specified
in the rule.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraphs (c)(12) and (u):
Benefit: The proposed amendment in Paragraph (c)(12) states that the applicant needs to include
a copy of their zoning approval letter with their permit application, to replace the requirement that
zoning approval must be obtained in Paragraph (u) of existing rule, which is proposed to be
removed. Since existing language requires that zoning approval be obtained, the only change is to
include this approval documentation with permit application.

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Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (e)(4):
The proposed amendment adds the requirement that the operation and maintenance manual for
treatment facilities include information and instruction on how the facility will meet the
requirement established in Rule .0841(g) that the facility control or minimize odors from the
facility.
Benefit: The proposed amendment provides clarification to Division staff and to the regulated
community as to how odors will be minimized in the initial application stage of permitting.
Cost: The facility is required in existing rule to control odors, so this amendment adds only the
requirement that a brief description of the steps the site will take to minimize odors be added to
the operation manual when submitting to the Division. State government staff review time is
unlikely to be increased since the description would be brief and would not require additional
verification or research; and it is not expected that this description would create any additional
amount of compliance action, since any action on odors would already have been occurring under
the existing rule requirement to control odors. Therefore, no costs to the state or local government
or the regulated community are expected to be incurred as a result of the rule amendment.
Paragraph (1)(5):
Benefit: The proposed amendment clarifies what is meant by "acceptable compliance history" in
existing rule.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (1):
Benefit: The proposed amendment clarifies what is meant by the term "certified" in existing rule,
to state that certification of engineering design documents must be certified by a professional
engineer if required by G.S. 89C.
Cost: As this is an existing requirement in G.S. 89C, and the addition of the language to this
paragraph only makes a clarification and references the statute, no costs to the state or local
government or the regulated community are expected to be incurred as a result of the rule
amendment.
Rule .0837 Location of Septage Land Application Sites
Paragraph (c):
Benefit: The existing language is proposed to be removed as unnecessary as failure to comply with
the rules would result in normal Division procedures for enforcement and compliance, including
possible permit suspension or revocation as allowed for in G.S. 130A-23.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (d)(2):
Benefit: The proposed amendment clarifies that a buffer exception applies to buildings related to
the septage firm business, not strictly the office.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.

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Paragraph (h):
Benefit: The proposed amendment updates a reference to a CFR.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Rule .0838 Management of Septage Land Application Sites
Paragraph (a)(2):
Benefit: The proposed amendment changes the existing requirement that the No Trespassing signs
must be a specific minimum size of 2 feet by 2 feet, and proposes that they only need to be visible
and legible, which reduces the burden on the regulated community.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (a) (] 0):
Benefit: The proposed amendment clarifies what is meant by "clearly marked on the ground" to
reflect the Division's interpretation in practice that a clearly marked boundary means a boundary
with markers placed such that, when standing at one marker, the next marker is visible.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (a)(14) of existing rule:
Benefit: The proposal to remove Paragraph (a)(14) of existing rule is a result of the fact that the
concern or intent is to regulate the quality of the grease septage to avoid damage to vegetation
when applied, and not necessarily the length of time it is left in the grease trap. However, grease
septage treatment standards to ensure quality and avoid damage to vegetation are included in the
subsequent subparagraph, and in paragraph (c) of this Rule.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (a)(20) of existing rule:
Benefit: The proposal to remove Paragraph (a)(20) of existing rule is a result of the fact that this
requirement is redundant as the requirement for an alternate disposal location is already included
in the permit application requirements in Rule .0835(c)(7).
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraphs (e)(2) and (e)(4) of existing rule:
Benefit: The requirement in Paragraph (e)(4) of existing rule that test results be maintained is
proposed to be removed from this Paragraph and added to Paragraph (e)(2).
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (g):
Benefit: Paragraph (g) of existing rule is proposed to be removed as this requirement is proposed
to be included in Rule .0842 for innovative or alternative treatment or storage methods.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.

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Rule .0839 Record Keepingfor Management Firms
Benefit: The proposed amendment clarifies that the location information for portable toilets may
be provided as a route, since they do not have a permanent location.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Rule .0840 Sampling and Anal
No costs to the state or local government or the regulated community are expected to be incurred
as a result of the rule amendment since the proposed amendments are clarification only and are
not substantive.
Rule .0841 Standards for Sentaae Detention and Treatment Facilities
Paragraph (a):
Benefit: The proposed amendment clarifies that the size requirement for all septage detention
facilities used at land application sites be two percent of the maximum application rate and
combines the requirements in existing rule Paragraphs (a) and (b). This changes the language for
determining the minimum tank size for sites applying less than 50,000 gallons per year, however,
the existing language stating that it be based on the "average volume of septage pumped per week"
is unclear and may be able to be interpreted in various ways. However, in practice, the Division
has calculated the per -week average volume by dividing the site's maximum annual application
rate by 52 weeks per year, which equates to being approximately 1.9% of the maximum annual
application rate. Therefore, the proposed language does not change the minimum tank sizes in
practice, but makes clear how the value shall be derived.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (b):
The proposed language for paragraph (b) requires that all facilities have an all-weather access road
to be consistent with similar language for land application sites in existing Rule .0838(a)(3), and
to allow facilities to achieve compliance with Rule .0832(g)(1) and (g)(3). As septage land
application sites are required to have all weather access roads in existing rule, and the majority of
septage detention and treatment facilities are located either adjacent to an existing state or local
road, accessible parking area, or on septage land application sites with existing all weather access
roads, the Division expects that all operators of septage detention tanks would comply with the
proposed rule without any required changes to their operation. Additionally, all facilities are
required by existing rule to allow a representative to inspect and facilities or equipment, which
would in practice require that the tanks be accessible at any time and in any weather. Also,
logically in practice any operator of a detention tank would already need to have a road that
allowed them to access the tank in any weather with a truck hauling septage in order to operate
their business. Based on the above information, this additional language is for clarification and is
not expected to have a substantial impact, and would not have an impact on state or local
governments as these sites are owned and operated by private entities.
Benefit: The benefits of the proposed language are that the requirement would allow facilities to
achieve compliance with Rule .0832(g)(1) and (g)(3) for accessibility during inspections. The
proposed requirement would also reduce damage to vehicles accessing the tanks, allow continued
operation of the business when the path to access the tank may have been inaccessible under

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existing rule, and reduce the occurrence of vehicles becoming stuck and potentially having to
unload a full tank of septage to reduce the weight of the vehicle while trying to move it.
Cost: While no costs to the state or local government or the regulated community are expected to
be incurred as a result of the rule amendment, if a septage detention tank operator were required
to put in a new all-weather access road to the tank to comply with this proposed rule, the following
costs might be incurred:
Assumptions:
- There are 186 active permits for septage detention tanks
- Approximately 81 of these sites are located on an SLAS, and are required by existing rule
to have an all-weather access road
- A review of aerial imagery of the remaining 105 sites indicated that they all appear to have
existing access roads of some kind, and the large majority of these sites clearly have all-
weather access roads such as paved or gravel roads. Approximately 20-30 sites were
unclear as to the type of road on site based on satellite imagery.
- Assume cost to install basic gravel road on a flat surface without complications is $10.00
to $12.00 per foot, based on inquiry with road construction industry staff.
- As the sites would not be installing a new road, but only improving an existing road, assume
a reduced cost per foot of $7.00 - $9.00.
- Assume length of roads may be between 250 feet and 1,000 feet long.
- Estimate that approximately 20 -30 sites may need to improve their access roads as a result
of this rule change as a worst -case scenario.
Table 1 — Possible Costs of One -Time Road Improvements; Although not Expected to Occur
SDTF permits
Per foot cost for road
improvement
Length of road
Potential Statewide
Total Cost
20
X
$7.00
X
250
=
$35,000
20
X
$9.00
X
1,000
=
$180,000
30
X
$7.00
X
250
=
$52,500
30
X
$9.00
X
1,000
=
$270,000
Based on the information in Table 1, the costs for the proposed language range from no cost if all
septage detention tanks are currently accessible by an all-weather access road, or may be as high
as $270,000 if up to 30 sites which could not be confirmed as having an existing all-weather access
road were required to improve a road that is 1,000 feet long at $9.00 per foot, which is unlikely to
be the case. If required, the cost to improve the road would be a one-time cost, but could potentially
also incur annual maintenance costs for sites that had to improve their roads, although this amount
is uncertain and would vary on a case -by -case basis depending on use of the road. However, the
maintenance cost could be offset by a reduction in vehicle maintenance costs for the facility or any
other staff or individuals taking vehicles onsite; or by income added for days that the tank would
now be accessible for conducting septage pumping and storage operations, when it previously was
not accessible under existing rule.
Paragraph (c):
Benefit: The proposed amendment adds plastic as an acceptable construction material for tanks.
This provides the regulated community a potentially less expensive option for tank construction
amendment which reduces the burden on the regulated community.

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Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (g):
Benefit: The proposed amendment clarifies what is meant by "control" odors.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (h):
Benefit: The proposed amendment clarifies who determines whether groundwater monitoring
wells are required, and what is meant by "if necessary".
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (m)(1):
Benefit: The proposed amendment allows an exception to the tank buffer requirement for places
of business that are a part of the septage firm business, similar to the exception in Rule .0837(d)(2).
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (n):
Benefit: The proposed amendment clarifies what is meant by "setbacks shall be maintained" to be
consistent with similar language for maintaining setbacks in Rule .0837(c).
Costs: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (o):
Benefit: The proposed amendment clarifies that the setback shall be increased to twice the
minimum distance unless the listed circumstances dictate that it must be less, which will be
determined by the Division.
Costs: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment as the amendment only clarifies the rule to state what
is currently being done in practice.
Paragraph (r) in existing rule:
Benefit: This Paragraph is proposed to be removed as it is unnecessary and was rarely practical to
enforce, which reduces the burden on the regulated community. The Paragraph has been replaced
with the requirement to maintain records for detention and treatment facilities to be consistent with
similar language for records retention in Rule .0838(e) for land application sites and Rule .0839(b)
for firms. This would not be considered a new requirement since any septage detention and
treatment facility is also required to have a septage management firm permit, and is required by
existing rule to maintain records in accordance with Rule .0839.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (t):
Benefit: The proposed amendment clarifies the information that is required to be submitted to the
Division for facility closure, instead of referring to a form. However, the form will remain

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available on the Division's website to download and fill out for ease of submittal of the required
information.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Rule .0842 Innovative or Alternative Treatment or Storaize Methods
Benefit: The proposed amendment clarifies that the rule applies to any alternative septage
management methods for treatment, storage, or land application, and includes the reference to
alternative methods or land application found in existing rule Paragraph .0838(g) which is
proposed to be removed.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Rule .0843 Land Application Site Land Use and Site Closure
The proposed amendment to the name of the rule clarifies what type of septage management the
rule applies to.
Paragraph (a):
Benefit: The proposed amendment provides further clarification as to what type of site and the
situation that the rule applies to.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (d):
Benefit: The proposed amendment clarifies how notification shall be provided and what
information shall be included.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment as the amendment clarifies in rule what is currently
being done in practice.
Rule .0844 Transportation of Septage
No costs to the state or local government or the regulated community are expected to be incurred
as a result of the rule amendment as the proposed amendments are all for clarification and do not
change the requirements on the regulated community.
Rule .0845 Revocation of Permits
No costs to the state or local government or the regulated community are expected to be incurred
as a result of the rule repeal as it is unnecessary because G.S. 130A-23 provides for the authority
of the Division to suspend or revoke permits.
Rule .0846 Appeals
No costs to the state or local government or the regulated community are expected to be incurred
as a result of the rule amendment as no substantive changes are proposed.

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Conclusion
Based on the above, none of the proposed rule amendments to 15A NCAC 13B Section .0800
Septage Management are expected to affect expenditures or revenues of any local government or
the expenditure or distribution of State funds.
Also based on the above, the only potential impact to the regulated community and the public from
the proposed rule amendments to 15A NCAC 13B Section .0800 Septage Management is from the
amendment to Rule .0841(b) requiring an all -access road for septage detention and treatment
facilities, and while any impact is unlikely and is not expected, any potential impact would not
cause an aggregate annual impact to all affected parties of greater than or equal to one million
dollars.

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APPENDIX 1
Proposed Amendments
15A NCAC 13B Section .0800 Septage Management

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1 15A NCAC 1313.0830 is proposed for amendment as follows:
2
3 15A NCAC 13B .0830 INCORPORATION BY REFERENCE
4 (a) All Sections of the Code of Federal Regulations (CFR) cited in this Section are hereby incorporated by reference,
5 including subsequent amendments or additions. additions, and may be obtained free of charge at
6 https://www.gpo.gov/fdsys/.
7 (b) Copies e€ Feder -a! statutes -,US Environmental Protection Agency(EPA) and American Society for Testing
8 Materials (ASTM) est methods and procedures, and other published standards referenced in this Section are hereby
9 incorporated by reference, including subsequent amendments or additions.
10 (c) Copies of all material incorporated by reference are available for inspection at the Department of Environmental
11 Quali E...,:..--me�, a4i Nall. -al Resetifees, Division of Waste Management, Solid Waste Section, 217 West Jones
12 Street, Raleigh, N.C. 27603 or the Division's website at https:Hdeq.nc.gov/about/divisions/waste-mana eg ment.491
13 Oberlin Read, Raleigh, N.C. 27699 164 6.
14 (d) Material ineor-peFated by r-efer-enee in the Federal Register may be obtained at Govefament institutes, 15200 N-BN
15 Way, Bitte Ridge Summit, PA 17214 at a eost of one thousand five hundred sixty seven dollars and fifty een4s
16 ($1,567.50). Feder -a! Register materials are codified onee a year- and may be ebtaine at the above address for- a eeS4
17 ofi 40 GFR 190 259 thiAy nine dollars and seventy five eents ($39.75), 40 GFR 425 699 sixty dollars and seven
19
20 History Note: Authority G.S. 130A-291.1;
21 Eff. October 1, 2009;
22 Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24,
23 241-7-.2017;
24 Amended Eff. January 1, 2019.
25
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1 15A NCAC 13B .0831 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0831 DEFINITIONS
4 In addition to the terms defined in G.S. 130A-290, as used in this Section the following terms are defined as
5 follows:have t'1e folio
6 (1) "Agronomic rates" are a� means those rates that provide the nitrogen and other nutrient
7 needs of the crop based on available realistic yield expectations (RYE) established for a soil series
8 through published Cooperative Extension Service bulletins, Natural Resources Conservation
9 Service pablieatieesyublications, or county soil surveys, but do not overload the soil with nutrients
10 or other constituents wkie that may eventually leach to groundwater, limit crop growth, or degrade
11 advefsely impaet soil quality.
12 (2) "Annual septage application rate" means the maximum amount, in gallons, of septage that sap -may
13 be applied to a unit area of land during a 365-day period.
14 (3) "CFR" means Code of ederal Regulations.
15 (4) "Depa-rtmenV means Department as defined in G.S. 143-22.
16 " fneans the Division of Waste Management in the Departmeft4. All rales cited in
17 ,
18
19 (6) "Land application" shallfneae means the spraying or spreading of septage onto the land surface; the
20 injection of septage below the land surface; or the incorporation of septage into the soil so that the
21 septage ean eendition conditions the soil or fertilize fertilizes crops or vegetation grown in the soil.
22 (7) "Licensed Geologist" means licensed geologist as defined in G.S. 89E-3.an individual who is
23 .
24 (8) "Nutrient Management Plan" means a plan to define the management requirements and nutrient
25 needs of crops to be grown on a septage land application site, including the amount, sources,
26 plaeemefttp lacement and timing of nutrient applications to maximize the nutrient uptake of the crop.
27 Plan implementation shall protect the environment and maintain crop productivity.
28 (9) "Place of business" means place of business as defined in G.S. 130A-334. aster
29
30 establishment o ffi ,e eF any other place wher-e people work o o served.
31 (10) "Place of public assembly" means place of public assembly as defined in G.S. 130A-334. any
32
33 people gather e_ eeftgr-egati—,
34 (11) "Professional Engineer" means professional engineer as defined in G.S. 89C-3. an individual •' "
35 is lieersea to p ..etiee e ee eFdanee with G.S. 89C.
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1
(12)
"Residence" means residence as defined in G.S. 130A-334. my habitable heme, hetel, fnetel,
2
,
4
(13)
"Rock" means the consolidated or partially consolidated mineral matter or aggregate, including
5
bedrock or weathered rock, not exhibiting the properties of soil.
6
(14)
"Seasonal High Water Table" or "SHWT" is means the highest level of the saturated zone in the soil
7
during a year with normal rainfall. to whieh the soil is saturated,^^ SHWT may be determined in
8
the field through identification of redoximorphic features in the soil profile, monitoring of the water
9
table elevation, or modeling of predicted groundwater elevations.
10
mottling. This does fiet inelude temperai=y pefehed eendifiens. Ahema4ively, the SHALT ean also
11
12
(15)
"Septage" means septage as defined in G.S. 130A-290(a)(32).130 290(^v32) and also s�^n
13
,' .
14
(16)
"septage Management Facility" means land, personnel, and equipment used in the management of
15
septage, including but not limited to, s_pta eg management firms as defined in G.S. 130A-290(a)(33),
16
septage detention and treatment facilities, and septage land application sites.
17
(17)
"Soil" means the unconsolidated mineral and organic material of the land surface. It consists of
18
sand, silt, and clay minerals and variable amounts of organic materials.
19
(18)
LSe4 "Licensed Soil Scientist" means licensed soil scientist as defined in G.S. 89F-3. an
20
who is lieen,^a to p etiee soil ^ o o ift aeear-da-nee with G.S. 89F
21
(19)
"Soil textural classes" means soil classification based upon size distribution of mineral particles in
22
the fine -earth fraction less than two millimeters in diameter. The fine -earth fraction includes sand
23
(2.0 — 0.05 mm in size), silt (0.05 mm — 0.002 mm), and clay (less than 0.002 mm in size) particles.
24
The specific textural classes afe shall be defined as follows:
25
(a) "Sand" means soil material that contains 85 percent or more of sand; the percentage of silt
26
plus 1.5 times the percentage of clay less than 15;
27
(b) "Loamy sand" means soil material that contains at the upper limit 70 to 91 percent sand,
28
and the percentage silt plus 1.5 times the percentage of clay is not less than 15; at the lower
29
limit contains not less than 70 to 85 percent sand, and the percentage of silt plus twice the
30
percentage of clay is less than 30;
31
(c) "Sandy loam" means soil material that contains 7 to 20 percent clay, and the percentage of
32
silt plus twice the percentage of clay exceeds 30, and contains 52 percent or more sand; or
33
less than 7 percent clay, less than 50 percent silt, and more than 43 percent sand;
34
(d) "Loam" means soil material that contains 7 to 27 percent clay, 28 to 50 percent silt, and 52
35
percent or less sand;
36
(e) "Silt loam" means soil material that contains 50 percent or more silt and 12 to 27 percent
37
clay; or contains 50 to 80 percent silt and less than 12 percent clay;
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(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;
(j) "Sandy clay" means soil material that contains 35 percent or more clay and 45 percent or
more sand;
(k) "Silty clay" means soil material that contains 40 percent or more clay and 40 percent or
more silt; and
(1) "Clay" means soil material that contains 45 percent or less sand, and less than 40 percent
silt.
(20) "Teehnieal speeialist" means an individual designated by the Soil and Water- Censer-vati
(24) 20 "Treatment of septage" means the preparation of septage for final use or disposal. Treatment may
include ifteludes, bu4 is not limited to thickening, stabilization, and dewatering of septage.
Treatment lees 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.
Gepies ef the Cede of Feder -a! RegttleAieas may be ebtained ftem the Solid Waste Seetion at no eest.
History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2409-2009;
Readopted Eff. January 1, 2019.
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15A NCAC 13B .0832 is proposed for readoption with substantive changes as follows:
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-29 1. 1 (c) applies to persons who remove septage, and other
waste materials or spent media from wastewater systems permitted by the Department of Health and
Human Services, , under the authority of Article 11, Chapter 130A
of the North Carolina General Statutes;
(3) The permit requirement of G.S. 130A-291.1(c) applies to persons who manage septage generated
from properties •eh that they own, lease lease, or manage as part of a business, including but fie
limited o mobile homes, mobile home parks, restaurants, and other residential and commercial
property;
(4) The Division may deny a permit applieatioir 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 eandifiefts fef pefmi 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 issued valid
for a maximum of one year. Subsequent permits may be valid for up to five ye R-e it
(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 whieh that requires a
permit.
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1 (c) Recreational vehicle waste provisions.
2
(1)
Domestic septage from a recreational vehicle shall be managed in accordance with this Section or
3
shall flow directly into a wastewater treatment system permitted by the Department of
4
Environmental Quality. Eavir-a=eat and Natufa Re ,, o
5
(2)
Wastewater from recreational vehicles that are tied down, blocked up, or that are not relocated on a
6
regular basis, and that are not connected to an approved wastewater system shall be managed in
7
accordance with Article 11, Chapter 130A of the NC General Statutes.
8
(3)
Recreational vehicle dump stations that do not discharge directly to a wastewater treatment system
9
permitted by the Department of Environmental Quality E,..,:,.enffw fft �� •• o shall
10
be permitted as a septage detention and treatment facility in accordance with Rule .0836 of this
11
Section.
12
(d) Alternate septage management method limitations.
13
(1)
Grease septage, or any part of grease septage, shall not be introduced or reintroduced into a grease
14
trap, interceptor, separator, or other appurtenance used for the purpose of removing cooking oils,
15
fats, grease, and food debris from the waste flow generated from food handling, preparation, and
16
cleanup unless the Division has received written approval from the wastewater treatment plant
17
operator or the onsite wastewater system permitting authority that reintroduction is acceptable.
18
(2)
Septage, or any part of septage, shall not be reintroduced into an onsite wastewater system unless
19
approved pursuant to G.S. 130A-343(c).
20
(3)
Septage, or any part of septage, shall not be placed in containers at restaurants designated for yellow
21
grease.
22
(4)
Septage, or any part of septage, shall not be disposed of in a municipal solid waste landfill unless
23
the waste passes the paifA filter tes Paint Filter Liquids Test as defined by EPA S.W. 846 Test
24
Method 9095B which can be accessed at no cost at https://www.epa.gov/hw-sw846, and the landfill
25
receiving the waste has provided the Division written documentation that the specific material will
26
be accepted.
27
(5)
Septage, or any part of septage, shall not be disposed of in a dumpster unless the waste passes the
28
Paint Filter Liquids Test as defined by EPA S.W. 846 Test Method 9095B which can be accessed
29
at no cost at http.h*.. w.e W,.s.:.n., ar-d4estmetheds/sw846i,.nli erin e. h4w
30
hgps://www.ega.gov/hw-26 sw846, and the landfill receiving the waste is a properly —permitted
31
municipal solid waste landfill, in accordance with Section .1600 of this Subchapter.8ub
32
the !a-ndfill eperater- has provided the Division mT-itten documentation tha4 the speeifie material will
33
be aeeeptoa
=r-
34
(6)
Septage, or any part of septage, managed through subsurface disposal shall be considered a
35
treatment facility and shall require a permit in accordance with this Section and G.S. 130A-343.
36
(7)
Facilities receiving septage, or any part of septage, for composting shall be permitted in accordance
37
with Section .1400 of this Subchapter.
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(e) All tfaining, training to meet the requirements of G.S. 130A-291.3(a) and (b), rest 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) £fter enter the permit holder's premises where a regulated facility or activity is located or conducted;
(2) Mess access and copy any records required in accordance with this Section or conditions of the
permit;
(3) hispeet inspect any facilities, equipment (including monitoring and control equipment), praefiees
practices, 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,
parameters parameters, or soils at any location; and
(5) photograph photograph for the purpose of documenting times of compliance or noncompliance at
septage management facilities or to require the permit holder to make such photos for the Division.
(h) Washings from the interior of septage handling containers such as pump trucks shall be managed as septage.
Failufe of a per -son to fellel . . 4 in any 1%le set fel4h in this Seefien or the taking of any aefien prohibited
by a -Hy Pale in this Seetien shall eansfitate a violation of that fule.
History Note: Authority G.S. 130A-291.1, 130A-291.2, 130A-295.3(c), 130A-335;
Eff October 1, 2009;
Amended Eff. January 1, 2014-2014;
Readopted E,(f. January 1, 2019.
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1 15A NCAC 13B .0833 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0833 SEPTAGE MANAGEMENT FIRM PERMITS
4 (a) Septage management firm names mast shall be distinguishable upon the records of the Division from the name of
5 other septage management firms, limited liability companies, non-profit corporations, business corporations, limited
6 partnerships, sole proprietors, general partners partners, and limited liability partnerships operating in North Carolina.
7 Naming preference shall be given to companies that are listed as incorporated with the NC Secretary of State's office.
8
(b) A person who has not operated a septage management firm during the previous calendar year shall obtain four
9
hours of new operator training from the Division prior to receiving a permit to operate a septage management firm.
10
(c) To apply for a permit, a person proposing to operate a septage management firm shall submit the following
11
information to the Division by January 1 of each year:
12
(1)
9,A%er''s owner's name, address address, and phone number;
13
(2)
Business business name, address address, and phone number;
14
(3)
Operator operator name, address address, and phone number, if different from owner;
15
(4)
wit permit number, if existing firm;
16
(5)
Type(s) e s of septage handled, and the quantity pumped the previous 12 months, if in operation;
17
(6)
ter number of pumper trucks;
18
(7)
C—apaeit� cgpaciiy and type of septage handled by each pumper truck;
19
(8)
Vekiele vehicle license and serial numbers of each pumper truck;
20
(9)
Gettn4ies counties in which the firm operates;
21
(10)
Disposal disposal method(s) for septage;
22
(11)
wit permit number for each septage land application site to be used;
23
(12)
Peffnit permit number for each septage detention and treatment facility to be used;
24
(13)
moral any other information that the Division may request that is pertinent to the operation of a
25
septage management firm;
26
(14)
men written authorization on official letterhead or a notarized wastewater treatment plant
27
authorization form shall be submitted from an individual responsible for the operation of each
28
wastewater treatment plant used for disposal indicating:
29
(A) Type(s) e s of septage whieh ean that maybe discharged at the plant;
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(B) )here where septage, including grease septage, can mUbe discharged at the plant or in
31
the collection system;
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(C) Geegraphie geographic area from which septage will be accepted; and
33
(D) Dufatien duration of authorization:
34
(15)
The the appropriate annual permit fee in accordance with G.S. 130A-291.1(e); and
35
(16)
The the date, location, number of hours, and provider of annual septage management firm training
36
required in accordance with G.S. 130A-291.3(a).
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1 (d) Persons that operate a septage land application site or a septage treatment and detention facility, but do not pump
2 septage, shall submit the following information to the Division by January 1 of each year to apply for a permit:
3 (1) Faeiii facili name, address, phone number, and county;
4 (2) Owner's owner's name, mess address, and phone number;
5 (3) 9pereteoperator name, mess address, and phone number, if different from owner;
6 (4) Permit permit number, if existing firm;
7 (5) Type(s) e s of septage managed;
8 (6) Faeih facili types and their permit numbers;
9 (7) The the name and permit number of all permitted septage management firms using the facility;
10 (8) The the date, location, number of hours, and provider of annual training in accordance with G.S.
11 130A-291.3(b); and
12 (9) The the appropriate annual permit fee in accordance with G.S. 13OA-291.1(e1).
13 (e) A septage management firm permit shall not be issued unless the applicant has submitted to the Division written
14 documentation of authorized access to dispose or otherwise manage septage, or any part of septage, at a wastewater
15 treatment plant, a permitted septage land application site, a permitted septage treatment facility, or other appFepriately
16 permitted solid waste management facility. Documentation from each plant, site, or other facility shall include the
17 types and amount of septage Lek that may be discharged.
18 (f) Septage management firm permits shall not be issued until all parts of the application have been completed.
19 (g) A septage management firm permit shall not be issued to firms that pump septage until its pumper truck(s) have
20 been inspected and approved.
21 (h) Permits are non t-Fa s f rable. shall not be non -transferable.
22 (i) Septage management firm permits are issued for up to one calendar year. Permits issued on or after January 1
23 shall be effective until December 31 of that calendar year.
24
25 History Note: Authority G.S. 130A-291.1;
26 Eff. November 1, 2999-2009;
27 Readopted Eff. January 1, 2019.
28
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15A NCAC 13B .0834 is proposed for readoption as follows:
15A NCAC 13B .0834 PERMIT FEES
(a) Every septage management firm shall pay an annual permit fee by January 1 of each year in accordance with G.S.
130A-291.1(e) or (el), unless the firm notifies the Division prior to January 1 that the firm will not operate during the
next year. Fees shall be paid to the Division of Waste Management, Solid Waste Section, 1646 Mail Service Center,
Raleigh, NC 27699-1646. This fee m be paid by eheekor-money order made payable to the Division of W
(b) Annual fees are not pro -rated and shall not be refunded or credited to a subsequent year.
(c) Failure to apply for permit renewal or failure to pay the permit fee by January 1 shall result in assessment of a late
fee in accordance with G.S. 130A-291.1(e2). Failure to pay the appropriate fees within 45 days after January 1 shall
result in an additional administrative penalty pursuant to G.S. 130A-22(a) of ten dollars ($10.00) per day for each day
thereafter that the fees are not paid.
(d) Annual permit renewal, including fee payment, shall be the responsibility of the operator of the septage
management firm. If the operator did not receive annual permit renewal forms, it shall not be a defense to assessment
of late fees.
(e) A food service facility that is permitted to operate a septage detention facility in accordance with Rules .0836-and
.0833 of this Section and that has paid the fee specified in G.S. 130A-291.l(el) shall be allowed to empty their own
grease interceptors, separators, traps, or other appurtenances used for the purpose of removing cooking oils, fats,
grease, and food debris from the waste flow generated from food handling, preparation, and cleanup, that have a
volume of 25 gallons or less, into the permitted detention facility. The permitted facility shall be constructed and
located in accordance with the requirements of Rule .0841 of this Section and emptied at least quarterly by a permitted
septage management firm.
History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2409-2009;
Readopted Eff. January 1, 2019.
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15A NCAC 13B .0835 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0835 SEPTAGE LAND APPLICATION SITE PERMITS
(a) No person shall establish, or allow to be established upon any real property owned, operated, leased, or controlled
by that person, *.,b4s o,, e�r,,, 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) Lee-atieii 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;
(2) location of the site;
(3) W-fitte written authorization to operate a septage land application site signed by each landowner (if
other than the permit holder) or his the landowner's legal representative;
(4) Ttpes 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 Paragraph (c)(12) of this Ruled
(5) substances other than septage previously disposed of at this location, and the amounts
of those substances;
(6) Aer-ial aerial photography extending for a distance of at least 2500 feet in all directions from the
site, with site property boundaries depicted; accuiaici aepieted. Photograph seale shall be 1 00
feet oricvs
(7) Alternative alternative plan for the detention or disposal of septage, during adverse .. Bathe -
ditions; conditions that cause the site to be unavailable for use;
(8) mr-o� treatment method for each type of septage to be discharged and the permit number of any
treatment facilities;
(9) Vievicini map (county road map) showing the site location;
(10) A a written report that documents compliance with Rule .0837 of this Section including: Section,
ineludingibu4 not limited to the f n win : If required by G.S. 89F, G.S. 89E 89C, and G.S. 89E, a
licensed soil scientist, professional engineer, or licensed geologist shall prepare these documents.
[Note: The North Carolina Board of Licensing of Soil Scientists, Board of Examiners for Engineers
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1 and Sw=veyers Surveyors, and the Board of Licensing of Geologists has determined, via letters dated
2 November 16, 2009, March 11, 249 2010, and January 7, 2010, that preparation of documents
3 pursuant to this Paragraph constitutes soil science, practicing engineering, or geology under G.S.
4 89F, G.S. 89G 89C, and G.S. 89E.]
5 (A) A a representative soils analysis { such as the Standard Soil Fertility Analysis,
6 Analysis), conducted within the last six months, on each proposed field of each proposed
7 land application site. The Standard Soil Fertilit., Analy rroresentative soils analysis shall
8 include: : acidity, base saturation (by
9 calculation), calcium, cation exchange capacity, exchangeable sodium percentage (by
10 calculation), magnesium, manganese, percent humic matter, pH, phosphorus, potassium,
11 and sodium; and may include additional analyses;
12 (B) A a total metal analysis for each proposed field shall be conducted for arsenic, cadmium,
13 copper, lead, nickel, selenium, and zinc. A North Carolina Department of Agriculture &
14 Consumer Services (NCDA & CS)(`Trc S) mehlich-3 extraction is shall be an
15 acceptable substitute for a total metal analysis. Mercury shall be sampled if the applicant
16 proposes to land apply domestic or industrial or commercial treatment plant septage, or if
17 warranted by previous site use;
18 (C) €Meld field description of soil profile(s), based on examinations of excavation pits and auger
19 borings, within four feet of the land surface or to bedrock describing the following
20 parameters by individual diagnostic horizons: thickness of the horizon; texture; color and
21 other diagnostic features; structure; internal drainage; depth, thickness, and type of
22 restrictive horizon(s); and presence or absence and depth of evidence of any seasonal high
23 water table. Applicants may be required to dig pits when necessary for proper evaluation
24 of the soils at the site;
25 (D) A a soil map, sea4e 1 " — , man delineating major soil mapping units within
26 each proposed land application site and showing all physical features, location of pits and
27 auger borings, applicable setbacks, legends, scale, and a north arrow;
28 (E) 9 if the annual application rate is proposed to exceed 125,000 gallons per acre per year,
29 year field descriptions to a depth of six feet fee shall be required; and
30 (F) Global Positioning System (GPS) data compatible with the Division's
31 datalogger shall be provided for proposed sites 30 acres or more in size.
32 (11) Applicants annlicants proposing to land apply 200,000 gallons per acre per year or more shall
33 provide a plan for monitoring soil moisture levels and the depth to seasonal wetness to determine
34 when land application e-an-ma_occur without impacting groundwater groundwater or hydraulic
35 overloading. The plan shall include recommendations concerning annual and instantaneous loading
36 rates of liquids, solids, other wastewater eenstituentsconstituents, and amendments based on in -situ
37 measurement of saturated hydraulic conductivity in the most restrictive horizon. If required by G. S.
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1 89C, G.S. S9F 89F, and G.S. 89E, a professional engineer, licensed soil seiefAistscientist, or licensed
2 geologist shall prepare these documents. [Note: The North Carolina Board of Examiners for
3 Engineers and Surveyors, Board of Licensing of Soil Seiefitists Scientists, and the Board of
4 Licensing of Geologists has determined, via letters dated March 11, 2010, November 16, 24W 2009,
5 and January 7, 2010, that preparation of documents pursuant to this Paragraph constitutes practicing
6 engineering, soil seienee science, orgeology, Iglo maunder G.S. 89C, G.S. 89F 89F, and G.S. 89E.]
7 (12) Nutrient management plan, prepared by a Teehnieal Speeialist, ineluding at leas a nutrient
8 managementplan prepared by an environmental professional that shall include the following_ the
9 €elleg:
10 (A) Gfeps crops that will be planted on the site, including cover crops, and where each crop
11 will be planted. Crop planting locations shall be depicted on an aerial photograph or on a
12 plat man; fnap+wale-1" — nn� �,
13 (B) Nitfagen nitrogen needs of the crops based on the realistic yield expectations for the soils
14 on the site, and crop management practices proposed;
15 (C) Crop cr_Mstand density required to meet the realistic yield expectations for the proposed
16 crop;
17 (D) Appr-e*ifneAe approximate crop planting times and the seeding or sprigging rates for crops
18 to be established;
19 (E) &ep c harvest frequency appropriate for the proposed realistic yield expectations and
20 nitrogen needs, and approximate crop harvest times;
21 (F) ximate approximate monthly discharge rate to match the nitrogen needs and potential
22
uptake of the crop;
23
(G)
Sites sites proposed to receive more than 50,000 gallons per acre per year of die
24
septage e domestic or industrial or commercial treatment plant septage—septage, or
25
domestic or grease septage that has been treated to remove solids, fats, oils, and grease
26
shall include nitrogen carry over when determining annual application rates;
27
(H)
Wee r# weed control recommendations;
28
(I)
Crap crop use or removal;
29
(J)
Results results from at least four samples of treated septage if the application is proposing
30
an increased application rate for the land application of septage treated to reduce nutrients;
31
and
32
(K)
the signature of the site operator.
33
34
a ff et tit fient "take; a -HA
35
�T�'�f1d1---,_gefnef4
plans shall beaf the signatwe of the site eper-ater.
36
For the
purposes of this Rule, an environmental professional means a person who has received a
37
baccalaureate or post -graduate degree from a university and has trainingand nd experience in or related
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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) ^ pion application rates for sites proposed to receive treated septage shall be determined based
on the most limiting nutrient;
(14) Erosion 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) Vegetatien vegetation type and stand density in the buffer areas; and
(C) Buf€ebuffer maintenance fertility requirements.
(15) Proposed proposed land application method:
(16) Proposed proposed distribution plan if required in Paragraph (e) of Rule .0837 of this Section;
(17) Rites 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) ln4gatie irri atg ion head spacing and traveling gun lane spacing shall be determined based
on standards in NC Cooperative Extension Documents AG-553-6 and AG-553-7 which are
hereby incorporated by reference includingsubsequent ubsequent amendments and additions, or other
similar publications;
(C) The the size of all spray nozzles;
(D) Ryste system operating pressure at the irrigation head;
(E) r,� calculation of the wettable acres vs. permitted acreage;
(F) r^'�atien calibration methods and frequency; and
(G) inigatie t irrigation system operation and maintenance plan.
(18) Demenstfatien demonstration from the appropriate State or Federal Government agency that the
land application site complies with Paragraph (g) of Rule .0837 of this Section if any part of the site
specified 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) Tzve rieal 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 , on a
public contact site, shall provide the Division evidence of adequate public notice and the applicant
shall have sueeessfiffly 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 Natffal Reso . fees; an
(22) An an applicant who proposes to land apply industrial or commercial
treatment plant septage or domestic treatment plant septageseptage, ge as defined in G.S. 130n 290
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1 shall have stieeessfully completed the Land Application of Residuals Course and
2 maintain a Land Application of Residuals Certificate given issued by the Department of
3 Environmental Quality;-Envifenment and ,.Tatti al Resa fee ; and
4 (23) An an applicant who proposes to land apply septage septa e as defined in G.S.130n eon in excess
5 of 50,000 gallons per acre per year shall provide the Division with evidence of adequate public
6 notice which shall at a minimum be publication with a local news organization, i^ i4eea e,., pape.
7 shall have Willy completed the Land Application of Residuals and Bieselids Course and
8 maintain a Land Application of Residuals Certificate issued by the Department of Environmental
9 uali Ei efA and Thlat ,fa Re ,, o
10 (24,) an approval letter from the unit of local government having zoning authority over the area where
11 the facility is to be located stating that the proposed facility meets all of the requirements of the local
12 zoning ordinance, or that the site is not zoned.
13 (d) Application rates for septage in excess of 50,000 gallons per acre per year and permits to land apply domestic, or
14 industrial or commercial treatment plant septage shall not be granted to persons who have not demonstrated that they
15 can properly operate a septage land application site in accordance with this Section for at least a 12 month period.
16 (e) Applications for permits issued in accordance with this Rule shall be submitted to the Division of Waste
17 Management, Solid Waste Section, 1646 Mail Service Center, Raleigh NC 27699-1646. Applications for permits will
18 not be reviewed until all parts of the application have been completed and submitted to the Division.
19 (f) Applications for permits for- sites or- tfo,,tment methods ,,.hieh that do not meet the standards in accordance with
20 this Section shall be denied.
21 (g) Applications for renewal permits issued in accordance with this Rule shall be submitted to the Division at least
22 90 days prior to the expiration date of the permit. The Division shall notify permit holders of facility permit expiration
23 dates 120 days prior to permit expiration.
24 (h) Applications for permit modification shall be required for the following changes:
25 (1) Pei:mitteR permitted area or field boundaries;
26 (2) grepeA propeM ownership;
27 (3) Am+mal annual application rates;
28 (4) per receiver crop; or
29 (5) Types types of septage discharged.
30 (i) Applications for renewal permits submitted in accordance with Paragraph (g) of this Rule and applications for
31 permit modifications shall not be required to resubmit the information required in Subparagraphs (c)(6), (8), (9), (10),
32 (16), (17), and (18) unless changes are made in those plans.
33 0) Septage land application site permits afe shall not be transferable.
34 (k) Maximum permit duration including renewals is shall be five years.
35 (1) issuanee of a pefmit does not r-elieve the pemait holder- of the responsibility of obtaining appheable zoning
36 approvals prior- to , er-a4 on of the site
37
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B-32
1 History Note: Authority G.S. 130A-291.1;
2 Eff April 1, J04-0.2010:
3 Readopted E,(f. January 1, 2019.
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1 15A NCAC 13B .0836 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0836 SEPTAGE DETENTION AND TREATMENT FACILITY PERMITS
4 (a) Ne „^ son, shall establish an his !and, No person shall establish, or allow to be established upon any real property
5 owned, operated, leased, or controlled by that person, ^ a septage detention and treatment facility, unless a
6 permit for the f4eility has been obtained from the Division or the facility is operating in accordance with a NPDES
7 permit issued by the NC Division of Water Resources.QuaW.
8 (b) Septage detention and treatment facilities shall be designed, located, constructed, and operated in accordance with
9 the standards specified in Rule .0841 of this Section.
10 (c) To apply for a permit for a septage detention efand treatment facility the applicant shall submit the following
11 information to the Division:
12 (1) Isla -me, name, address, and phone number of
13 (A) the applicant;
14 (B) the landowner l�vnef or the owner's landowner's legal representative in control of the
15 site; and
16
(C) the proposed operator;
17
(2)
Leeatiee location of the facility;
18
(3)
Vieini yicini map or county road map showing the site location;
19
(4)
T-fpes tTes of septage to be stored or treated;
20
(5)
A a description of the facility including the size, number, and type of structures to be used at the site
21
and construction materials to be used;
22
(6)
An an explanation of the methods for discharge into and removal from the detention or treatment
23
facility, the methods for treating leaks or spills at the site, and methods for odor control;
24
(7)
Sege septage land application site permit number and the name of any wastewater treatment
25
plant(s) where the septage will be disposed;
26
(8)
3&44e written documentation of eeeeptable approved locations to manage any solid or liquid
27
wastes generated at a treatment facility;
28
(9)
Are an aerial photograph, extending for a distance of at least 1,000 feet in all directions from the site
29
property lines- scale 1" — 400 feet or less;
30
(10)
Written written authorization to operate a septage detention or treatment facility signed by each
31
landowner (if other than the permit holder) or his the landowner's legal representative; and
32
(11)
Tonieal any other information that the Division may request that is pertinent to the suitability of
33
the proposed facility.
34
(12,)
an approval letter from the unit of local government having zoning oning authority over the area where
35
the facility is to be located, stating that the proposed facility meets all of the requirements of the
36
local zoning ordinance, or that the site is not zoned.
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1 (d) To apply for a permit to construct a septage treatment facility and obtain an interim permit to operate the facili
2 €aeility, for a period not to exceed 12 months, plans and specifications shall be submitted. If required by G.S. 89C, a
3 professional engineer shall prepare these documents. [Note: The North Carolina Board of Examiners for Engineers
4 and Surveyors has determined, via letter and resolution dated March 11, 2010, that preparation of engineering design
5 documents pursuant to this Paragraph constitutes practicing engineering under G.S. 89C.]
6 (e) Treatment shall include :,,dude 1,,,1 not be limited t , aerobic or anaerobic digestion, dewatering or thickening,
7 pressing, centrifuging, the use of organisms or enzymes, and pathogen reduction methods or vector attraction reduction
8 methods other than lime stabilization. In addition to the requirements of Paragraph (c) of this Rule, the plans required
9
by Paragraph
(d) of this Rule shall include:
10
(1)
Site site plan at a scale appropriate to show the detail of the facility, but in no case greater than 100
11
feet per inch;
12
(2)
Enginee _i en ine eering_plans for the entire system, including treatment, storage, and disposal
13
equipment, and containment structures;
14
(3)
Detail detailed drawings shall be at a scale appropriate to show pumps, tanks, valves, controls,
15
meters, pipes, and other items critical to the operation of the facility;
16
(4)
An an operation and maintenance manual outlining information and instruction on how the facility
17
is to be operated, equipment maintenance, minimization of odors, required safety and personnel
18
training, and an outline of reports to be submitted to the Division. Contingency plans shall be
19
included to address at least equipment failure, human error, inclement weather, and spill and leak
20
cleanup; and
21
(5)
A a quality assurance plan for the process and final product if treatment involves meeting pathogen
22
reduction or vector attraction reduction standards.
23
(f) A permit to operate a septage treatment facility shall be issued pending receipt of the following:
24
(1)
GeAifiea4 certification that the construction of the treatment facility is complete and consistent
25
with the plans approved as part of the permit to construct;
26
(2)
An an updated operation and maintenance manual, including all the information required in
27
Subparagraph (e)(4) of this Rule;
28
(3)
As built as -built drawings if facility construction is not consistent with the approved plans;
29
(4)
Operation operation and maintenance manuals and quality assurance plans signed by the applicant;
30
and
31
(5)
Aeeeptable compliance history for theme facility showing no unresolved violations of Federal,
32
State, or local laws, rules, regulations, or ordinances.
33
(g) A permit for a new septage detention or- a septage and treatment facility shall not be issued until the proposed site
34
has been approved by the Division.
35
(h) Operation
of a new septage detention or a new septage treatment facility shall not commence until the facility has
36
been inspected by the Division and found to be consistent with the permit application.
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B-35
1 (i) A permit to operate a treatment facility shall not be issued until the facility has been inspected by the Division and
2 found to be consistent with the permit application and operation has been found to be consistent with the operation
3 and maintenance manual.
4 (j) Application packages for permit renewals shall include:
5 (1) U-pda4e4 drawings undated drawings, if there are changes to the facili • €ae44t3-,
6 (2) Updated site plans j1pdated site plans,' Fro ,,:r^a ^ „^ * ^�^r ^ ^^' ^ '�� ++^" if there are changes
7 to the initial site In an; plan
8 (3) wed undated operation and maintenance manual, if there are changes to the operation and
9 maintenance manual; and
10 (4) wed undated quality assurance plan, if there are changes to the quality assurance plan.plan-€or
11 the pr-eeess a -ad final pfa&et if tFeatment involves meeting pathegen r-eduetien of veeter attraction
12-eduetio standards
13 (k) Engineering plans and specifications for marina detention tanks that do not meet the minimum setbacks in
14 .0841(m) Rule .0841(m) of this Section or are located below grade shall be submitted. If required by G.S. 89C, a
15 professional engineer shall prepare these documents. [Note: The North Carolina Board of Examiners for Engineers
16 and Surveyors has determined, via letter and resolution dated March 11, 2010, that preparation of engineering design
17 documents pursuant to this Paragraph constitutes practicing engineering under G.S. 89C.] The facilities shall be
18 certified to be constructed in substantial compliance with the plans and specifications.
19 (1) Parts of detention and treatment facilities located below grade and lagoons shall be certified to be constructed in
20 substantial compliance with the plans and specifications. If required by G.S. 89C, a professional engineer shall certify
21 the construction. [Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via
22 letter and resolution dated March 11, 2010, that preparation of engineering design documents pursuant to this
23 Paragraph constitutes practicing engineering under G.S. 89C.]
24 (m) Applications shall be submitted to the Division of Waste Management, Solid Waste Section, 1646 Mail Service
25 Center, Raleigh NC 27699-1646. Applications for permits will not be reviewed until all parts of the application have
26 been completed and submitted to the Division.
27 (n) Applications for renewal permits shall be made submitted to the Division at least 90 days prior to the expiration
28 of the permit. The Divisionwil-1-shall notify permit holders of facility permit expiration dates 120 days prior to permit
29 expiration.
30 (o) Applications for renewal permits submitted in accordance with Paragraph 0) and n of this Rule and applications
31 for permit modifications shall not be required to resubmit the information required in Subparagraphs (c)(3) and (9),
32 and Paragraph (d) unless changes are made in those plans.
33 (p) Septage detention and treatment facility permits are shall not be transferable.
34 (q) Maximum permit duration including renewals is shall be five years.
35 (r) Applications for permit modifications shall be required for the following changes: ehangesin:
36 (1) Pr-eperypropeny ownership;
37 (2) Treatment treatment methods;
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(3) dies types of septage to be stored or treated; or
(4) Size 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 e€€ee office approving proposed reduced setbacks.
(u) issuanee of a pefmit does not relieve the permit holdeF of the Fesponsibility of obtaining appheable zoning
appFevals prior- to operation of the f4eility.
History Note: Authority G.S. 130A-291.1;
Eff. April 1, JOI8-2010:
Readopted E,(f. January 1, 2019.
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15A NCAC 13B .0837 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0837
LOCATION OF SEPTAGE LAND APPLICATION SITES
(a) Soil characteristics (Morphology) ..� that shall be evaluated are as follows:
(1) Texture
— The relative proportions of the sand, silt, and clay sized mineral particles in the fine -earth
fraction
of the soil are referred to as soil texture. The texture of the different horizons of soils shall
be classified
into three general groups and 12 soil textural classes based upon the relative proportions
of sand,
silt, and clay sized mineral particles.
(A)
Soil Group I — Sandy Texture Soils: The sandy group includes the sand and loamy sand
textural classes.
(B)
Soil Group II — Coarse Loamy and Fine Loamy Texture Soils: The coarse loamy and fine
loamy group includes sandy loam, loam, silt, silt loam, sandy clay loam, clay loam, and
silty clay loam textural classes.
(C)
Soil Group III — Clayey Texture Soils: The clayey group includes sandy clay, silty clay,
and clay textural classes.
(2) The soil
textural class shall be determined in the field by hand texturing samples of each soil horizon
in the soil profile using the following criteria:
(A)
Sand: Sand has a gritty feel, does not stain the fingers, and does not form a ribbon or ball
when wet or moist;
(B)
Loamy Sand: Loamy sand has a gritty feel, stains the fingers, forms a weak ball, and cannot
be handled without breaking;
(C)
Sandy Loam: Sandy loam has a gritty feel and forms a ball that can be picked up with the
fingers and handled with care without breaking;
(D)
Loam: Loam may have a slightly gritty feel but does not show a fingerprint and forms only
short ribbons of from 0.25 inch to 0.50 inch in length. Loam 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 ribb^n 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;
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B-38
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(3)
(4)
(5)
(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;
O Sandy Clay: Sandy clay is plastic, gF44y grLtty,and sticky when moist and forms a firm
ball and produces a thin ribbon mover 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 gibbons to over two inches in length;
(L) Clay: Clay is both sticky and plastic when moist, produces a thin ribbon over two inches
in length, produces a high sheen when rubbed with the thumbnail, and forms a strong ball
resistant to breaking;
(M) The Division 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, sih_silt and clay particle sizes as defined in this Section for field
testing when conducted in accordance with ASTM (Ameriean Seeietyfef Testing an
Materials) D 422 pr-eeedur-o4 methods for sieve and hydrometer analysis. I'^r fine ,^^....,
Wetness Condition:
(A) Soil wetness conditions caused by a seasonal high waterhigh-watef 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 whiek that are relic
from minerals of the parent material shall not be considered indicative of a soil wetness
condition.
(B) Soils ,.� that do not meet the required depths to a soil wetness condition shall be
considered unsuitable and septage shall not be applied, unless the required separation
distances e-a i mj!X_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.
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.
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.
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1 (6) Soil Group III soils shall be considered suitable where soil wetness conditions are deeper than 18
2 inches below the point of septage application or incorporation.
3 (7) Depth to rock: soil depth shall be considered suitable where depth to rock is deeper than 24 inches
4 below the point of septage application or incorporation or deeper than 18 inches if the septage is
5 pretreated to accomplish pathogen reduction and surface applied over vegetation.
6 (8) Mine reclamation sites willshall be considered on a easeby ease case -by -case basis.
7 (b) Septage land application sites shall not be located in the watershed of a Class WS-I stream. New septage land
8 application sites shall not be located in the water quality critical area of Class WS-II, WS-III, or WS-IV streams or
9 reservoirs. This prohibition does shall not apply to those portions of a water supply watershed that whie are drained
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
by Class B or Class C streams.
(c) Setbaek&. 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, apera4e 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. Fail fe t maintainr-eqttired seth eks shag r-esult in immediate permit ..o..,,,.afie.,
(d) All septage disposal sites shall be located at least the minimum distance specified for the following:
(1) Des'�eeresidence:
L&not occupied by the applicant — 500 _feet-,
L131fes e-occupied by the applicant — 100 feet;
(2) Plaee place of business, other than the septage management firm's office or related buildings, fifm
o€fiee, or place of public assembly — 500 feet;
(3) Well well or water supply spring — 500 feet;
(4) Suffaee waters. Strew 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-II1 streams — 300 feet;
(B)
Class B stream — 300 feet;
(C)
Class C stream — 200 feet; and
(D)
Other other streams and bodies of water — 200 feet;
(6) T4da4 tidal salt waters:
(A)
Class SA or Class SB — 300 feet from mean high water mark; affd
(B)
Class SC and other coastal waters — 200 feet from mean high water mark:
(7) 8upplem supplemental classifications:
(A)
Trout trout waters and swim waters — 200 feet; a*d
(B)
Nutfiefft nutrient sensitive waters and outstanding resource waters — 300 _feet-.
(8) Firmer groundwater lowering ditches and devices — 100 feet;
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B-40
1 (9) Adjoining adioining_property under separate ownership or control — 50 feet;
2 (10) Publie un blic road right of ways — 100 feet;
3 (11) Peed food crops — 50 feet;
4 (12) `k wetlands — 50 feet;
5 (13) Woods woods line — five feet, unless greater distance is required as part of an erosion and runoff
6 control plan;
7 (14) Land land application site on the same tract of land, permitted to a different operator — 100 feet; and
8 (15) Sufis setbacks in Subparagraphs (d)(3), (4), (5), (6), (7), and (8) of this Rule may be reduced 50
9 percent when septage is pretreated to accomplish pathogen reduction and when the land within the
10 setback area is in permanent, established grass with at least 95 percent cover or when the setback
11 area is in forest with a continuous canopy and a 95 percent forest litter cover. Accurate property
12 line locations are shall be the responsibility of the site operator.
13 (e) Septage land application sites less than five acres in size, individual fields of a site less than two acres in size, and
14 sites with complex soil patterns or unusual shapes shall be permitted only if the applicant demonstrates to the Division
15 that the site sanwill be properly -managed for crop production and that septage will be applied with uniform distribution
16 over the entire permitted application area can be evenly distributed over- the site
17 (f) Septage land application sites shall not be located where the slope of the land is greater than 12 percent unless all
18 of the conditions of this Paragraph are met:
19 (1) The the site is in permanent, established grass with at least 95 percent cover or is in forest with a
20 continuous canopy and a 95 percent forest litter cover;
21 (2) Pis plans submitted to the Division are prepared in accordance with aeeepted­approved erosion
22 and runoff control practices and indicate the following:
23 (A) M,.n,.gemen management practices and discharge methods W-kieh that will be used to
24 reduce the potential for run-off from the site and assiffe evertseptage distribtitieft ever- th
25 site allow for the uniform distribution of septage over the entire permitted application area;
26 and
27 (B) Leeatiee location of potential surface water monitoring devices upslope and downslope
28 from the area proposed to be permitted and identification of sampling methods. Monitoring
29 may be if there is an indication that septage is entering surface waters.
30 (3) The Division may increase setbacks or decrease application rates for the protection of surface
31 waters;fly
32 , and
33 (4) No no site shall include slopes in excess of 25 percent.
34 (g) A new septage land application site shall not jeopardize the continued existence of threatened or endangered
35 species or result in the destruction or adverse modification of a critical habita4, habitat protected under the Federal
36 Endangered Species Act of 1973. Agricultural land shall not be considered potential habitat.
40 of 58

B-41
1
2
3
4
5
6
7
8
9
10
11
12
13
(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) 5434TTable 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, 2409-2009;
Readopted Eff. January 1, 2019.
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B-42
1 15A NCAC 13B .0838 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0838 MANAGEMENT OF SEPTAGE LAND APPLICATION SITES
4 (a) General requirements for septage land application sites sites shall include the following:
5 (1) 9f4y only domestic septage, as defined in G.S. 130A-290, shall be land applied or otherwise placed
6 on a septage land application site, unless specified in the permit;
7 (2) Sash each site shall be posted with visible and legible "NO TRESPASSING" signs. Aeees,All
8 access roads or paths crossing or leading to the disposal area shall be posted "NO TRESPASSING"
9 and a visible and legible sign stating "SEPTAGE LAND
10 APPLICATION SITE" shall be maintained at each entrance to the land application area;
11
(3)
Eaek each site shall have an all weather access road;
12
(4)
No no hazardous wastes shall be permitted on the site;
13
(5)
No no site shall be permitted for land application of industrial or commercial septage unless the
14
applicant demonstrates to the Division that the strength of the organic and inorganic components of
15
the septage is within the normal range for domestic septage;
16
(6)
Treatment D'^^* Septage treatment plant septage generated by the operation of a wastewater system
17
permitted under Article 11 of Chapter 130A may be land applied at a septage land application site
18
permitted under this Section;
19
(7)
Sept -age septage shall be applied to the surface of the land from a moving vehicle in stle . a ,ranner-
20
as to have no standing liquid or soil disturbance resulting from the waste flow after the discharge is
21
complete;
22
(8)
Septage septage shall not be applied to a site if any liquid is ponded on the site or if the site is
23
flooded, frozen, or snow covered;
24
(9)
Sept -age septage shall not be applied to a site if the application method will result in ruts greater than
25
three inches in the soil surface;
26
(10)
Disposal disposal area boundaries shall be elear4y marked on the ground while a site or any portion
27
of a site is in ese; use. Markers shall be of adequate height and spacing such that they are clearly
28
visible for determiningthe disposal boundaries when the site is in use;
29
(11)
A41 all septage discharges shall be made at a location on the site consistent with the nutrient
30
management plan;
31
(12)
A41 all septage discharges, including aerial drift from discharges, shall be made within the permitted
32
boundaries of the land application site;
33
(13)
Land land application of septage shall be limited to a maximum daily hydraulic application rate of
34
one acre inch;
35
,
36
of r-emoving eeeking eils, fats, gfease, and food debris ffem the waste t4ew gener-ated 4em food
37
handling, preparation, and eleanup shall not be land applied unless the trap has been pumped within
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B-43
1 the last 90 days E)r- the grease septage adeqttalely ser-eened or- dewa4er-ed to prevent damage to land
2 appliea4ien site vegetation-,
3 14 (1-5) Greasee grease septage shall be diluted at least 1:1 from its concentration when pumped with
4 domestic septage or water if land applied over perennial vegetation. This dilution shall be increased
5 if crop damage occurs. This dilution requirement shall not apply to the liquid portion of grease
6 septage that has been adequately treated to remove solids, fats, eilso� and grease as long as crop
7 damage does not occur;
8 (15)(16) Solids solids resulting from septage treatment shall not be land applied unless the solids are treated
9 to meet pathogen reduction and vector attraction reduction requirements in 40 CFR 503, and the
10 permittee has demonstrated to the Division that the solids can be evenly land applied
11 will be land applied with uniform distribution over the entire permitted application area at
12 agronomic rates with standard agricultural spreading equipment;
13 16 "Tie the site shall be managed in suea , a fine.. as to minimize soil erosion and surface water runoff.
14 Appropriate soil and water management practices shall be implemented and maintained in
15 accordance with the n"yisie appFe..e erosion and run-off eentlplan.management plan
16 submitted in accordance with Rule .0835(c)(14). All water control structures shall be designed,
17 installed, and maintained to control the run-off resulting from a 10-year storm;
18 17 " Approved annroved nutrient management plans shall be followed;
19 18 49) land application sites or portions of land application sites that do not follow the approved
20 nutrient management plan shall not be used for land application until brought into compliance with
21 the nutrient management plan;
22 (20) altemate plan fef the storage eF disposal of septage dufing Perieds when the permitted
23 appheaien site is not available;
24 (0)(24) Lmd land application sites permitted for the management of grease septage, or commercial or
25 industrial septage, shall have a septage detention facility available, of adequate size to meet the
26 requirement of Subparagraph (a)(15) of this Rule; and
27 20 (22) tea septage land application site permit holder or operator is responsible for the actions of any
28 septage management firm that the permit holder or operator allows to use theirkis land application
29 site.
30 (b) Maximum land application rates for septage shall be determined based upon the following:
31 (1) Demestie domestic septage land application rates shall be in accordance with 40 CFR Pait
32 503.12(c);
33 (2) Land land application of domestic treatment plant septage shall not exceed the rate in 40 CFR
34 503.14(d);
35 (3) Pallu4 pollutant limits for regulated metals in 40 CFR paI4­503.13 shall not be exceeded for any
36 type of septage;
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B-44
1
(4)
Grease grease septage shall be land applied at a rate that is equal to or less than the agronomic rate,
2
but in no case shall the application of untreated grease septage exceed 25,000 gallons per acre per
3
year;
4
(5)
Sites sites permitted for the land application of grease septage shall meet the requirements of 40
5
CFR 257.3-5;
6
(6)
bland application rates for septage treated to reduce solids, nutrients, or pollutants shall be
7
determined based on the analysis of the treated material;
8
(7)
At at least four analyses of treated liquid shall be required prior to receiving an adjusted land
9
application rate. Additional samples shall be required for highly variable material;
10
(8)
Eeeh each analysis shall include nitrogen panel, phosphorus, potassium, soluble salts, pH, and
11
regulated metals except mercury, calcium, manganese, magnesium, iron, sulfur, boron and chlorine;
12
(9)
Ater after an adjusted rate is approved, sampling shall be required every 60 days for the initialfir-st
13
12 months of operation;
14
(10)
After after the initial 12 months, wastes with consistent sample results shall be sampled quarterly;
15
and
16
(11)
Land land application rates for industrial or commercial septage, or commercial or industrial
17
treatment plant septage shall be determined as specified in Subparagraphs (b)(1) and (b)(2) of this
18
Rule unless testing determines that a lower rate is necessary due to other non -domestic pollutants.
19
(c) Septage treatment standards:
20
(1)
Demestie domestic septage shall be treated in accordance with the requirements in 40 CFR P-ert-503
21
Sub 3art-D (including Appendix A and B) except that 503.33(b)(11) is not incorporated;
22
(2)
Grease grease septage, treated grease septage, eenunereial er industrial or commercial treatment
23
plant septage, and eewiraereiaVindttstfial industrial or commercial septage shall be treated in
24
accordance with 40 CFR 257.3-6 or treated by an equivalent or more stringent process in 40 CFR
25
503Subpaft­D;
26
(3)
Crease grease septage, or any part of grease septage, mixed with domestic septage shall be treated
27 as grease septage; and
28 (4) Demestie domestic treatment plant septage shall be treated to meet the pathogen reduction and the
29 vector attraction reduction requirements in 40 CFR 503,Subpart 503 D.
30 (d) No one other than the permit holder shall land apply septage at a permitted site unless approved in writing by the
31 Division. The permit holder shall submit a written request and written authorization from the landowner(s), if different
32 from the permit holder. The request shall include the name of the firm requesting approval and the type and amount
33 of septage proposed to be discharged.
34 (e) Permit holders of septage land application sites shall develop and maintain records and reports to demonstrate
35 compliance with this Section and the permit requirements of each site.
36 (1) Permi permit holders of sites receiving septage shall maintain a log which meets the requirements
37 of 40 CFR 503.17(b);
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B-45
1 (2) Peimit permit holders of all septage land application sites shall have all records and certifications
2 and test results required in accordance with this Section available for review during any
3 j- site inspections by the Division or upon the Division's request: r and
4 (3) T4+e the permit holder of a site where more than one septage management firm has been authorized
5 by the Division to discharge septage shall submit a monthly report to the Division thatw4ieh shall
6 include the following information for each discharge: the date and quantity of each discharge, the
7 type of septage discharged, and the name of the septage management firm discharging.
8 ,
9 .
10 (f) Septage shall not be land applied at a new septage land application site until a representative of the Division has
11 inspected the site to determine compliance with these rules and consistency with the permit application and all permit
12 conditions.
13 (g) Metheds ef !and appliemien fer- whieh there are no standaMs in these fules shall be peftnit4ed efily if it ean be
14 demonstrated that the proposed method manages septa- i at least e"ivalen4 to these Rules and to pr-etec4
15 publie health and the envifenment. Plans shall be submitted and pfepar-ed in aeeor-danee with prefessional enginee
16 des.
17
18 History Note: Authority G.S. 130A-291.1;
19 Eff October], 2489-2009;
20 Readopted Eff. January 1, 2019.
21
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B-46
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
15A NCAC 13B .0839 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .0839 RECORD KEEPING FOR SEPTAGE MANAGEMENT FIRMS
(a) Each permit holder shall maintain a log whiekthat includes a4 leapt the following information for each septage
pumping event:
(1) The the date, type, quantity, and location of septage pumpecd-pumped; the location for tanks shall
be a street address and the location for portable toilets shall be a route; and
(2) Locatie location of the discharge of the septage.
(b) A septage management firm shall make all r-eeer-ds records, documents, or logs required in accordance with this
Section or conditions of the permit -available for ' review by the Division at the time
and place of an inspection of the firm's septage pumper truck(s) or upon the Division's request.
History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009.2 009:
Readopted Elf. January 1, 2019.
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B-47
1 15A NCAC 13B .0840 is proposed for readoption as follows:
2
3 15A NCAC 13B .0840 SAMPLING AND ANALYSIS
4 (a) Monitoring or sample collection, handling, and analysis required by this Seetieft, Section and all costs
5 invelved,areinvolved shall be the responsibility of the septage management firm permit holder.
6 (b) The permit holder of a septage land application site shall obtain representative soil samples once every two years
7 from each field, as designated in permit, during the last quarter of the calendar year.
8 (c) Soil samples shall be analyzed for cation exchange capacity, pH, phosphorus, potassium, calcium, manganese,
9 magnesium, zinc, and copper. If the results for zinc analysis are equal to or above 30 pounds per acre or the results
10 for copper analysis are equal to or above 35 pounds per acre, analysis for the metals listed in Rule .0835(c)(10)(B) of
11 this Section shall be required. Sites permitted to receive septage other than domestic septage shall be analyzed for
12 cadmium to determine compliance with 40 CFR 257.3-5.
13 (d) Domestic septage and grease septage shall be monitored in accordance with 40 CFR P,%4-503.16(b).
14 (e) Domestic treatment plant septage proposed to be land applied at a permitted septage land application site shall be
15 sampled before the initial application, and annually thereafter, prior to being removed from a treatment facility.
16 Samples shall be analyzed for:
17 (1) Metals listed in 40 CFR 503.13; and
18 (2) Total solids, pH, ammonia, nitrates, total kjeldahl nitrogen (TKN), biochemical oxygen demand
19 (BOD), chemical oxygen demand (COD), total phosphorus, potassium, sodium, and magnesium.
20 (f) Industrial or commercial septage proposed to be land applied at a permitted septage land application site shall be
21 sampled prior to being removed from a wastewater system. Analytical results shall be submitted to the Division prior
22 to the issuance of a permit or approval to land apply the septage. Samples shall be analyzed for:
23 (1) Metals listed in 40 CFR 503.13;
24 (2) Total solids, pH, ammonia, nitrates, TKN, BOD, COD, total phosphorus, potassium, sodium, and
25 magnesium; and
26 (3) Organic chemicals, using a complete EPA Test Method 1311 Toxicity Characteristic Leaching
27 Procedure or other appropriate analysis, such as EPA Test Method 8260 Volatile Organic
28 Compounds by Gas Chromatography/Mass Spectrometry or 8270 Semivolatile Organic Compounds
29 by Gas Chromatography/Mass Spectrometry, unless an examination of the industrial process and
30 the material used indicates less extensive analysis is acceptable.
31 (g) Sample analysis required by this Section shall be performed either by the North Carolina Department of
32 Agriculture and Consumer Services laboratory or by a laboratory certified by the North Carolina Division of Water
33 Resources for waste analysis. Analysis for inorganic constituents shall be conducted in accordance with 40 CFR P4A
34 503.8.
35
36 History Note: Authority G.S. 130A-291.1;
37 Eff. October 1, 2009;
47 of 58

B-48
Amended Eff. May 1, 201-7-.2017:
Readopted E,(f. January 1, 2019.
48 of 58

B-49
1 15A NCAC 13B .0841 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0841 STANDARDS FOR SEPTAGE DETENTION AND TREATMENT
4 FACILITIES IFS
5 (a) Septage detention f4eilities, facilities used to meet the requirements of Rule .0838(a)(19) .0838( `(20) e "" of
6 this Section Section shall have a minimum size equal to two percent of the maximum annual application rate. The
7 Division shall increase the minimum size requirement for any increase in the maximum annual application rate or if
8 it is demonstrated duringsite ite operation that this volume is inadequate or if specific site considerations would warrant
9 such increases; and shall notify the owner or operator of the facility of the increase. the aver -age
' ' me of septage
10 pumped per- week. This Paragraph does not limit the maximum capacity of a septage detention facility. Eapaeit-y
11
13 (b) Each site shall have an all weather access road.Sepla e delen4ien f ,..hies for- sites po... hied to land . p :
14 exeess of 50,000 gallons pef aere per- year- shall have a i i . equal to two pereent of the maximum ann
15 application Fate. Faeilities pemitted as of the eMetive date of this Fule shall have 12 months to meet this r-equireme
16 (c) Septage treatment and detention facility containers shall be structurally sound and constructed of steel, concrete,
17 plastic, or fiberglass. If required by G.S. 89C, plans and specifications for proposed containers constructed of
18 materials not specifically addressed in this Rule shall be prepared by a professional engineer. [Note: The North
19 Carolina Board of Examiners for Engineers and Surveyors, has determined, via letter and resolution dated March
20 11,2010, that certification of documents pursuant to this Paragraph constitutes practicing engineering, under G.S.
21 89C.]
22 (d) A septage treatment and detention facilitvTreatment and Detention Faei * permit holder and operator are shall
23 be responsible for the actions of any septage management firm that uses the detention or treatment facility.
24 (e) Each detention and treatment facility shall be designed, constructed, and maintained in s..eh a manner- as to:
25
(1)
revent leaks or the flow of septage out of the facility into the seasonally high water table,
26
onto the ground surface, or into any surface waters;
27
(2)
Minimizeminimize the attraction or admittance of vectors; and
28
(3)
revent unauthorized entry into septage containers or lagoons.
29
(f) Septage detention and treatment facilities located below grade shall:
30
(1)
If if required by G.S. 89C, a professional engineer shall certify that the construction was completed
31
in substantial compliance with the plans and specifications prior to any waste being introduced into
32
the system. [Note: The North Carolina Board of Examiners for Engineers and Surveyors, has
33
determined, via letter and resolution dated March 11, 2010, that certification of documents pursuant
34
to this Paragraph constitutes practicing engineering, under G.S. 89C.];
35
(2)
13e be constructed to a traffic rated standard or protected from vehicular traffic; and
36
(3)
Net not be constructed of used metal tanks. Used metal tanks are allowed to be located beside a
37
wall or embankment for gravity access as long as the entirety of the tank is visible.
49 of 58

B-50
1 (g) The permit holder of a septage treatment or detention facility shall eefftrel-minimize odors from the facility at the
2 property boundary.
3 (h) Gr-et The Division may require that groundwater monitoring wells or a leak detection system may be
4 r-e"ire be installed around treatment or detention systems if ne .os.,.., y to for protection of public health and
5 the eavir-eamef4. if there is evidence of a leakingtank.
ank.
6 (i) The area around tanks shall be free of debris and vegetation to allow for access and inspection for a distance of at
7 leas�5 feet.
8 0) Septage shall be transferred to and from a detention system in a safe and sanitary manner that prevents leaks or
9 spills of septage, including septage in pipes used for transferring waste to and from vehicles.
10 (k) Access roads or paths crossing or leading to the facility shall be posted with "NO TRESPASSING" signs.
11 (1) Requirements for lined lagoons:
12 (1) Lined lagoons shall be permitted only at sites where the construction and use of a lagoon shall not
13 jeopardize the public health or environment.
14 (2) Portions of lined lagoons may be located below grade in accordance with Subparagraph (f)(1) of
15 this Rule.
16
(3)
Only lagoons designed, constructed and inspected in accordance with accepted engineering
17
principles providing for the protection of the underlying groundwater will be considered for use in
18
a septage treatment or detention system. If required by G.S. 89C, a professional engineer shall
19
certify that the construction was completed in substantial compliance with the plans and
20
specifications prior to any waste being introduced into the system. [Note: The North Carolina Board
21
of Examiners for Engineers and Surveyors, has determined, via letter and resolution dated March
22
11, 2010, that certification of documents pursuant to this Paragraph constitutes practicing
23
engineering under G.S. 89C.]
24
(4)
Liners shall be a minimum of 12 inches of clay compacted to a maximum permeability of 10
25
cm/sec or equivalent synthetic liner.
26
(5)
Synthetic liners shall have a minimum thickness of 30 mils. A synthetic liner shall have a
27
demonstrated water vapor transmission rate of not more than 0.03 gm/m2/day. Liner material and
28
any seaming materials shall have chemical and physical resistance not adversely affected by
29
environmental exposure or waste placement.
30
(6)
Clay liners with a permeability more than 10-' cm/sec may be used in conjunction with a synthetic
31
liner to meet the maximum permeability of 10-1 cm/sec or equivalent.
32
(7)
The surface of the supporting soil on which the liner will be installed shall be free of
33
stones, organic matter, protrusions, loose soil, and any abrupt changes in grade that could affect the
34
integrity of the liner.
35
(8)
Lagoons shall be designed and maintained to have adequate storage to handle the additional water
36
from a 25-year storm.
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B-51
1 (9) Lagoons shall be protected from entry by unauthorized individuals by fencing or other appropriate
2 means.
3 (m) Septage detention and treatment facilities shall adhere to the following minimum setback requirements:
4 (1) nose; residence, place of business, except septage firm business, or place of public assembly
5 — 100 feet;
6 (2) well well or water supply spring — 100 feet;
7 (3) Sttr€aee surface waters — 100 feet;
8 (4) Prepeproperty lines — 50 feet;
9 (5) des facilities permitted after April 1, 2010 the effective date e f this R.,'o shall not be located
10 in the 100-year flood plain hazard area;
11 (6) SeA soil wetness, as determined in Part (a)(3)(A) of Rule .0837 —12 inches;
12 (7) Sethaeks setbacks in Subparagraphs (1) and (4) of this Paragraph may be in accordance with local
13 zoning ordinances if located in areas zoned for industrial use-u
14 (8) Setbaeks setbacks in Subparagraphs (1) through (4) of this Paragraph shall be increased 100% for
15 lagoons; and
16 (9) Aeewfl4e accurate property line location is shall be the responsibility of the site operator.
17 (n) All sethaeks sha4 be fnaif a oa At the time of initial permitting, septage detention and treatment facilities shall
18 observe the minimum setback distances specified in this Rule. Minimum setbacks shall be maintained throughout the
19 life of the facili , only on land owned, operated, or controlled by the permittee or by the landowner(s) at the time of
20 initial permitting. Any sale, lease, or other conveyance of land by the permittee, or by the landowner(s) if different
21 from the permittee, subsequent to the initial permitting of the facility shall include restrictions to ensure continued
22 maintenance of the setbacks.
23 (o) The setbacks in Subparagraph (m)(1) through (4) of this Rule shall be increased for storage facilities with a
24 capacity in excess of 25,000 gallons permitted after April 1, 2010 the effeetive deAe e f this Rule to prevent offsite
25 contamination from major spills, or 100% containment shall be provided. Increased setbacks shall be up4e twice the
26 minimum distance as indicated in Subparagraph (m)(1) through (4) of this R-t�.Rule, unless the permitted Peffflit4eR
27 volume and the proximity to residences, wells or water supply springs, surface waters, ardor property lines dictate a
28 reduced setback determined by the Division on a case -by -case basis.will deteF ffline the Seth ek.
29 (p) Storage containers for individual restaurants shall be:
30 (1) Leeated-located above grade and protected from vehicular traffic;
31 (2) Main4aifted maintained to be impervious to flies fly4i& and in a sanitary condition;
32 (3) Rlaeed placed at a location and acceptable to standards and determined by the local health
33 department and the NC Department of Health and Human Services; NG Division of Etwi .enfflenW
34 Health;; and
35 (4) No no greater than 200 gallons in size.
36 (q) Setbacks for detention tanks at marinas may be reduced for storage capacity of 2000 gallons or less when the
37 facility is designed to prevent leaks or spills or has containment equaling 100% of the storage volume plus rainfall
51 of 58

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1 from a 25-year storm event. Setbacks shall in no case be less than what is approved by applicable local government,
2 state State, or federal laws or rules.
3 (r) Permit holders of all septage detention and treatment facilities shall have all records required in accordance with
4 this Section available for review during inspections by the Division or upon the Division's request.
5 be stored in a detention or treatment f4eility for more than six frienths.
6 (s) Septage shall not be stored or treated at a new septage treatment or detention facility until a representative of the
7 Division has inspected the facility to determine compliance with these Rules and consistency with the permit
8 application and all permit conditions.
9 (t) Septage detention and treatment facility closure shall include:
10 (1) a written notification of cease of operations submitted to the Division that shall include the permit
11 number, the date of cease of operations, and the signature of the operator; ^ ,.,,mplete ^eased
12 operation f s4mitted to the D
13 (2) All all liquids and solids, resulting from septage detention or treatment, removed from all portions
14 of the facility and properly -managed or disposed at an appropriate, approved facility; and
15 (3) All all parts of the facility removed from property under separate ownership, unless all landowners
16 provide the Division with written documentation that the facility may remain at the site.
17 (u) Record keeping for detention facilities that receive septage from more than one septage management firm shall
18 include:
19
(1)
The the date that the septage is received at and removed from the facility;
20
(2)
Name name of the septage management firm that delivered the septage;
21
(3)
Viand amount, in gallons, of septage received; and
22
(4)
Where where septage is discharged.
23
(v) Record keeping for treatment facilities shall include:
24
(1)
Date date septage is received at the facility;
25
(2)
Name name of the septage management firm that delivered the septage;
26
(3)
Type type and amount, in gallons, of septage received;
27
(4)
Date date processed material(s) is removed from the facility;
28
(5)
Type Viand amount, in tons or gallons, of material removed from the facility; and
29
(6)
Managemen management methods for each type of material removed by the facili .€ae icy
30
(w) Alarms shall be required to detect high liquid levels, leaks and spills, or system operation parameters at detention
31
or treatment facilities
when the location, design, capacity, or operational complexities of the facility warrant the
32
additional safety precautions.
33
34
History Note:
Authority G.S. 130A-291.1;
35
Eff. April 1, J84-8-2010:
36
Readopted Ejf. January 1, 2019.
37
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1 15A NCAC 13B .0842 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0842 INNOVATIVE OR ALTERNATIVE TREATMENT OR STORAGE
4 METHODS
5 (a) Applications for permits for innovative or alternative tfff treatment, storage, or land application methods
6 that do not fit the criteria outlined in this seetion will Section shall be reviewed in accordance with N.C.G.5 G.S.
7 130A-291.1(i).
8 (b) Applications shall include: .
9 ,
10 thm pr-epar-a4ion of engineefing design doetiments for- altefna4iye tfeatmei# methods thm do fiat fit the er-iter-ia etAline
11
12 (1) T4+e the information required in Rule .0836(c) of this Section;
13 (2) An an operation and maintenance manual consistent with the requirements of Rule .0836(e)(4);
14 (3) Means means of demonstrating that the proposed method of treatment or storage will meet the
15 appropriate standards for vector attraction reduction and pathogen reduction in this Section; and
16 (4) Besting testing methods and schedule to document Subparagraph (3) of this Paragraph.
17 If required by G.S. 89C, a professional engineer shall prepare these documents. [Note: The North Carolina Board of
18 Examiners for Engineers and Surveyors has determined, via letter dated March 11, 2010, that preparation of
19 engineering design documents for alternative treatment methods that do not fit the criteria outlined in this Section
20 constitutes practicing engineering under G.S. 89C.1
21 (c) Innovative or alternative design criteria shall be approved in cases where the applicant can demonstrate that the
22 alternative design criteria will provide the following:
23 (1) Ell equal or better treatment of the waste;
24 (2) E equal or better protection of the waters of the state; and
25 (3) No no increased potential for nuisance conditions from noise, edefodor, or vermin.
26
27 History Note: Authority G.S. 130A-291.1;
28 Eff. April 1, J84-8-2010:
29 Readopted Eff. Januajy 1, 2019.
30
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B-54
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
15A NCAC 13B .0843 is proposed for readoption with substantive changes as follows:
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 503.32 982 22�-. of Subpa# n shall be required.
(b) Nursery and horticultural products, trees and other forest products, .«^'thin but of limited 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. .
(d) The permit holder or operator of the site shall submit a written notification to fleti-�', the Division at least 30 days
prior to final closure of a septage land application site in order to schedule a site inspection for determination of
compliance with this Section. The notification shall include the permit number, the date of cease of operations, and
the signature of the operator.
(e) Prior to final closure, the soil pH of the site shall be raised to 6.5, unless the fertility requirements for crops to be
grown in the following year dictate less.
History Note: Authority G.S. 130A-291.1;
Eff.' October], 2"9-2009:
Readopted January 1, 2019.
54 of 58

B-55
1 15A NCAC 13B .0844 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .0844 TRANSPORTATION OF SEPTAGE
4 (a) Vehicles used for the transportation of septage shall be operated and maintained to prevent
5 tr-aespeFtedift a safe, snit.,..ymaniter- that pr-eveffts leaks and spills of septage and shall comply with the following:
6 (1) A-11 all tanks shall be constructed of metal and ,pentane tly attae e affixed to the truck bed with
7 permanent fixtures such as bolts;'^a, � 1... other -wise approved by the Di
8 (2) A11 all valves shall be in pfeper-working order and be eempletelyclosed during transportation;
9 (3) A11 all access ports shall have proper- fitting lids in good repair and be eempletely elesed sealed
10 during transportation;
11 (4) Peftable portable toilet pump units that slide into pickup truck beds shall be bolted to the trucks in
12 accordance with manufacturer specifications;
13 (5) Beats boats used to pump or transport septage shall be United States Coast Guard approved or
14 construction plans shall be available indicating that the specific craft is stable in the
15 water when fully leaded loaded with septage, and if required by G.S. 89C, a professional engineer
16 shall prepare these documents; and
17 (6) Tanks tanks that are mounted on trailers for the pumping or transportation of septage shall meet all
18 applicable state State and federal requirements for highway use.
19 (b) All permitted septage management firms shall display deeals e lettering on each side of every pumper vehicle
20 operated by the firm. The deeals a lettering shall include the firm name, address (taA% name), town name, phone
21 number, and septage management firm permit number as shown on the firm application. All decals a lettering
22 required by this Rule on the pumper vehicle shall be no less than three inches in height and plainly clearly legible and
23 vile —not obstructed from view. Identification shall not be removable (i.e. no magnetic signs,.bpi
24
25 (c) Applicants for septage management firm permits ••that were not permitted in the previous calendar year shall
26 have each pump truck inspected prior to the Division's issuance of a permit.
27 (d) Septage to be discharged at a wastewater treatment plant or any part of the collection system for that plant shall
28 be handled in accordance with the plant rules and policies.
29 (e) All vehicles used in the transportation of septage, including spare vehicles and tankers, shall meet the requirements
30 of this Sectionseetien and be included in the permit application.
31 (f) Vehicles used in the transportation of septage, that are listed on an approved septage management firm permit
32 application, may remain loaded or partially loaded on land owned by the septage management firm for up to seven
33 days without obtaining a permit for a detention or treatment facility. Such vehicles shall comply with all pafts a this
34 Rule.
35
36 History Note: Authority G.S. 130A-291.1;
37 Eff. October], 2009.2009:
55 of 58

B-56
1 Readopted January 1, 2019.
2 15A NCAC 13B .0845 is proposed for readoption as a repeal as follows:
4 15A NCAC 13B .0845 REVOCATION OF PERMITS
7 History Note: Authority G.S. 130A-291.1;
8 Eff October 1, 2009.
56 of 58

B-57
15A NCAC 13B .0846 is proposed for readoption as follows:
3 15A NCAC 13B .0846 APPEALS
4 Appeals shall be made in accordance with Article 3 G.S. 150B.
6 History Note: Authority G.S. 130A-291.1;
7 Eff. October 1, 2009.2009;
8 Readopted Eff. January 1, 2019.
57 of 58

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APPENDIX 2
Comments Received Prior to Rule Making for
15A NCAC 13B Section .0800 Septage Management
58 of 58

B-59
15A NCAC 1313.0831 DEFINITIONS (pertaining to Septage Management)
Comment received electronically:
Commenter Name: Jonathan Pfohl
Company/Organization: Municipal Engineering Services
Email: [e-mail]
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?
Agency Response:
The agency's selected determination for this rule is "necessary with substantive public interest".
Comments will be considered during the re -adoption process.

B-60
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:[phone]
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.

From: Hollis, Carrie
To: Montie. Jessica; Everett, Jennifer; Mussler. Ed; Ulishnev, Adam; Cobb. Chester
Cc: Masich, Mollv; McGhee, Dana; Grozav, Anca
Subject: Review - 15A NCAC 13B .0830-.0846, Septage Management
Date: Friday, May 18, 2018 8:26:01 AM
Attachments: DEO 2018-05-18.pdf
image001.pnno
OSBM has reviewed the Division of Waste Management's proposed amendments to rules 15A NCAC
13B .0830-.0846, regarding septage management, in accordance with G.S. 15013-21.4 and with E.O.
70 from 10/21/2010 as amended by E.O. 48 from 4/9/2014. OSBM has determined the amendments
have little to no impact on state or local governments and no substantial economic impact.
Please let me know if you have any questions.
-Carrie
Carrie Hollis
Economic Analyst
NC Office of State Budget and Management
919 807 4757 office
carrie.hollis�osbm.nc.gov
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law (GS 132) and may be disclosed to third parties by an authorized state official.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.