13B_.0800_TrackedChanges

I 15A NCAC 13B .0830 is amended with changes as published in 33:04 NCR 404 as follows:
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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 adds additions, and may be obtained free of charge at
6 hlt2s://www.gpo.gov/fdsys/.
7 (b) Copies es of Feder -a! stabae US Environmental Protection Agency (EPA) and American Society for Testing
8 Materials (ASTM) test 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 in this Section are available for inspection free of charge at the
11 Department of Environmental Quality Envir-,.nment and Natural Reso...ees, Division of Waste Management, Solid
12 Waste Section, 217 West Jones Street, Raleigh, N.C. 27603 or the Division's website at
13 https:Hdeq.nc.lzov/about/divisions/waste-mana eg ment. 401 Qoerlin Read, Raleigh, N.C. 27699 1
14 (d) Material ineer-peFated by r-efer-enee in the Feder -a! Register may be obtained at Govemment institutes, 15200 N-BN
15 Way, Blue Ridge Summit, IPA 17214 at a eest of one thousand five hundr-ed sixty seven dollars and fifty een4s
16($1,567.50). Feder -a! Register- materials are codified onee a year and may be obtained at the above address for a e
17 of- 40 GFR 190 259 thiAy nine dollars and seventy five cents ($39.75), 40 GFR 425 699 sixty dollars and seven
18 five ores ($60 75) , a4 ht4p: iiwy, , N,,Ie f
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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 2017 2017:
24 Amended Eff. [�February 1. 2019.
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l 15A NCAC 13B .0831 is readopted with changes as published in 33:04 NCR 404 as follows:
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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 follows:
5 ha-ve the fell
6 (1) "Agronomic rates" are defined as 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 ptibliea4iens publications, 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 adversely impaet soil quality.
12 (2) "Annual septage application rate" means the maximum amount, in gallons, of septage that can may
13 be applied to a unit area of land during a 365-day period.
14 means Code -e� Federal e tien�
15 () "Department" means Department as defined i G.S. 143 212.
16 " means the Divisien of Waste Management in the Department. All rules eited in
17 Seetion, tinder the a4herity ef the Division, may be obtained at 401 Oberlin Road, Raleigh, No
18 Cafolina 27604, of at the Division's web page a4 www.wastenetiie.eflt.
19 ()M "Land application" shall mean 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 eendifien conditions the soil or €erne fertilizes crops or vegetation grown in the soil.
22 (7)(41 "Licensed Geologist" means licensed geologist as defined in G.S. 89E-3. an individual who is
23 .
24 (5) "Licensed Soil Scientist" means licensed soil scientist as defined in G.S. 89F-3.
25 (%6) "Nutrient Management Plan" means a plan to define the management requirements and nutrient
26 needs of crops to be grown on a septage land application site, including the amount, sources,
27 placement placement, and timing of nutrient applications to maximize the nutrient uptake of the
28 crop. Plan implementation shall protect the environment and maintain crop productivity.
29 (9) "Place of business" means place of business as defined in G.S. 130A-334. any store,
30 , food handling
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32 00)(8) "Place of public assembly" means place of public assembly as defined in G.S. 130A-334. aRy
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34 people gather or- eeftgr-egati—,
35 ( } "Professional Engineer" means professional engineer as defined in G.S. 89C-3. a individual
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1 (2)(NO) "Residence" means residence as defined in G.S. 130A-334. any habitable heme, hotel,
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4 " 11 "Rock" means the consolidated or partially consolidated mineral matter or aggregate, including
5 bedrock or weathered rock, not exhibiting the properties of soil.
6 (0(L21 "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 ,.-hie, the soil is sat" ted ^^ 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 fnettline. This does not iftelude teffiBer-aFv i3erehed eenditions. Altefaa4ivelv. the SHWT ean also
12 (15)[(13)] " "
13 .
14 "�(L31 "Septage Management Facility" means land, personnel, and equipment used in the
15 management of septage, including but not limited*^, septajZe management firms as defined in G.S.
16 130A-290(a)(33), septage detention and treatment facilities, and septage land application sites.
17 (17 15)KI4) "Soil" means the unconsolidated mineral and organic material of the land surface. It
18 consists of sand, silt, and clay minerals and variable amounts of organic materials.
19G.S.
20 8tt,
21 (1s1)[(�6fl 15 "Soil textural classes" means soil classification based upon size distribution of mineral
22 particles in the fine -earth fraction less than two millimeters in diameter. The fine -earth fraction
23 includes sand (2.0 — 0.05 min in size), silt (0.05 min — 0.002 min), and clay (less than 0.002 mm in
24 size) particles. 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 upper1i 70 to 91 percent sand,
28 and the percentage silt plus 1.5 times the percentage of clay is not less than 55,',-e
29 loweF limit eenta ^^ not less than 70 to 85 per -cent ^ ndi and the percentage of silt plus
30 twice the percentage of clay is less than 30;
31 (c) "Sandy loam" means soil material that contains either:
32 (i) 7 to 20 percent clay, 52 percent or more sand, and the percentage of silt plus twice
33 the percentage of clay exceeds _30- , ; or
34 (ii) less than 7 percent clay, less than 50 percent silt, and more than 43 percent sand;
35 (d) "Loam" means soil material that contains 7 to 27 percent clay, 28 to 50 percent silt, and 52
36 percent or less sand;
37 (e) "Silt loam" means soil material that contains either:
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(i) 50 percent or more silt and 12 to 27 percent clay; or
ii eentains 50 to 80 percent silt and less than 12 percent clay;
(f)
"Silt" means soil material that contains 80 percent or more silt and less than 12 percent
clay;
(g)
"Sandy clay loam" means soil material that contains 20 to 35 percent clay, bless
than 28 percent silt, and more than 45 percent sand;
(h)
"Clay loam" means soil material that contains 27 to 40 percent clay and mofe 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 saw sand and less than 40
percent silt.
(2-0)
GewAnissiea,
" individual designated by the Soil Water Gonservatio-n
fneans an and
to by that Commission, to
eei4ify animal waste ma-aagem
purstiant nales adepted
(24-)[(17A 16
"Treatment of septage" means the preparation of septage for final use or disposal.
Treatment may include ineb des, but is not limited te5 thickening, stabilization, and dewatering of
septage.
Treatment does shall not include storage of septage.
Definitions in 40 CFR 503.9(d), (g), (h), 0), (k), (1), (r), (t), (u), (v), (w), (bb), and in 40 CFR 503.11(a), (b)-, (c), (d),
(f), (g), , (i), (k), (1), (m), (n) are incorporated by reference including subsequent amendments and editions.
Copies the Gede Federal Regulations be from the Solid Waste Seetion
of of may obtained at no eest.
History Note: Authority G.S. 130A-291.1;
Eff. October 1, 2009. 2009;
Readopted Eff. [Janua -y]February 1. 2019.
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15A NCAC 13B .0832 is readopted with changes as published in 33:04 NCR 404 as follows:
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15A NCAC 13B .0832 GENERAL PROVISIONS
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(a) General permitting requirements.
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(1)
No person shall manage septage, or any part of septage, or operate a Septage Management Firm
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without first obtaining a permit from the Division as required under G.S. 130A-291.1(c);
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(2)
The permit requirement of G.S. 130A-291.1(c) applies to persons who remove septage, and other
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waste materials or spent media from wastewater systems permitted by the Department of Health and
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Human Services, , under the authority of Article 11, Chapter 130A
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of the North Carolina General Statutes;
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(3)
The permit requirement of G.S. 130A-291.1(c) applies to persons who manage septage generated
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from properties •eh that they own, lease lease, or manage as part of a business, '
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limited to such as mobile homes, mobile home parks, restaurants, and other residential and
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commercial property;
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(4)
The Division may deny a permit appheationr application in accordance with G.S. 130A-295.3(c);
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(5)
The Division may require an applicant to demonstrate substantial compliance in accordance with
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G.S. 130A-294(b2)(2);
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(6)
All ,., ...bons for- po... i Permits issued in accordance with this Section shall be followed;
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(7)
Where specified in this Section, permit applications or specific portions of applications shall be
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prepared by a qualified environmental professional in accordance with Rule .0202(a)(3) of this
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Subchapter; and
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(8)
Initial septage land application site and detention and treatment facility permits shall be issued valid
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for a .n,..,:ffwm of one year. Subsequent permits [may] shall be valid for lup4e4 five years. The
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Division may issue a subsequent permit for less than five years based on any of the following factors:
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Renewal be issued for five if the faeilit-y has had
pefmits shall years fiat a maj or viela4ien and r-eeer-
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ha. ,e been maintained ; aeeordanee with this Seetieti
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(A) the duration of the landowner authorization or wastewater treatment plant authorization;
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(B) the compliance history of the operator;
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(C) if any of the information for the permit application was received after the due date; or
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(D) to allow the due date for a subsequent permit application to be the same date as the septage
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firm permit application due date.
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(b) Portable sanitation permitting provisions.
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(1)
A mobile or modular office that meets the criteria of G.S. 130A-291.2 shall be considered a chemical
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or portable toilet as defined in G.S. 130A-290(a)(1c). T e&-s or ever-4,.ws or«wo A storage tank at a
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mobile or modular office shall not release septage onto the ground. be eensider-ed illegal land
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appliemiet+. The e ffiee ,.,.,.,.ant and owner and the lessee of the mobile or modular office shall be
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considered to be the responsible p ap rties and shall wi44 be subject to the requirements of
Paragraph (a) of this Rule.
(2) No person shall rent or lease portable toilet(s) or contract or subcontract to rent or lease portable
toilet(s) to another person or manage or dispose of waste from portable toilet(s), regardless of
ownership of the to toilets unless that person is permitted to operate a septage management
firm.
(3) Placement of a chemical or portable toilet as defined in G.S. 130A-290(a)(1c) for potential use in
North Carolina shall be considered operation of a septage management firm ,.�� that requires a
permit.
(c) Recreational vehicle waste provisions.
(1) Domestic septage from a recreational vehicle shall be managed in accordance with this Section or
shall flow directly into a wastewater treatment system permitted by the Department of
Environmental Quality. Envir-,,nfnen4 and .T.....ra Re ,, o
(2) Wastewater from recreational vehicles that are tied down, blocked up, or that are not relocated,
releea+ea on ^ regular bas , and that are not connected to an approved wastewater system shall be
managed in accordance with Article 11, Chapter 130A of the NC General Statutes.
(3) Recreational vehicle dump stations that do not discharge directly to a wastewater treatment system
permitted by the Department of Environmental Quality Eftvi .,.nment and Natufal Rowe shall
be permitted as a septage detention and treatment facility in accordance with Rule .0836 of this
Section.
(d) Alternate septage management method limitations.
(1) Grease septage, or any part of grease septage, shall not be introduced or reintroduced into a grease
trap, interceptor, separator, or other appurtenance used for the purpose of removing cooking oils,
fats, grease, and food debris from the waste flow generated from food handling, preparation, and
cleanup unless the Division has received written approval from the wastewater treatment plant
operator or the onsite wastewater system permitting authority that reintroduction is acceptable.
(2) Septage, or any part of septage, shall not be reintroduced into an onsite wastewater system unless
approved pursuant to G.S. 130A-343(c).
(3) Septage, or any part of septage, shall not be placed in containers at restaurants designated for yellow
grease.
(4) Septage, or any part of septage, shall not be disposed of in a municipal solid waste landfill unless
the waste passes the paifA filtef tes Paint Filter Liquids Test as defined by EPA S.W. 846 Test
Method 9095B which can be accessed at no cost at htt2s://www.gpa.gov/hw-sw846, and the landfill
receiving the waste has provided the Division written documentation that the specific material will
be accepted.
(5) Septage, or any part of septage, shall not be disposed of in a dumpster unless the waste passes the
Paint Filter Liquids Test as defined by EPA S.W. 846 [Test} Methed 9095B w-hieh can be aeeesse a
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[ , and the landfill receiving the waste is a proper- permitted
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municipal solid waste landfill, in accordance with Section .1600 of this Subchapter. S u,.,,h apte. an
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be aeeepted-.
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(6)
Septage, or any part of septage, managed through subsurface disposal shall be considered a
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treatment facility and shall require a permit in accordance with this Section and G.S. 130A-343.
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(7)
Facilities receiving septage, or any part of septage, for composting shall be permitted in accordance
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with Section .1400 of this Subchapter.
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(e) All training,
training to meet the requirements of G.S. 130A-291.3(a) and "'�st shall be pre -approved by
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the Division. Approval
by the Division shall be based on whether the training is in accordance with the Rules in this
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Section.
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(f) Waste from
holding tanks not otherwise addressed in this Section, and from wastewater systems pumped more
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often than every
30 days, shall not be considered domestic septage and shall not be land applied at a permitted septage
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land application
site.
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(g) Inspection and entry. The permit holder of a septage management firm or facility shall allow a representative of
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the Division to:
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(1)
€nteenter the permit holder's premises where a regulated facility or activity is located or conducted;
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(2)
mess access and copy any records required in accordance with this Section or conditions of the
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permit;
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(3)
laspeet inspect any facilities, equipment (including monitoring and control equipment), pr-aetiees
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practices, or operations regulated by the Division;
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(4)
sample sample or monitor for the purposes of assuring permit compliance or as otherwise authorized
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by the Federal Clean Water Act or the North Carolina Solid Waste Management Act, any substances,
25 parameters parameters, or soils at any location; and
26 (5) Photograph photo r,€mph for the purpose of documenting times of compliance or noncompliance at
27 septage management facilities or to require the permit holder to make such photos for the Division.
28 (h) Washings from the interior of septage handling containers such as pump trucks shall be managed as septage.
29 Failure of a peFsen to folio . . it in any rule set forth in this Seetion or the taking of any aetion prohibited
30 by a rule i this Seetio shall e nstiWte ., ol.,tion of that rule
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32 History Note: Authority G.S. 130A-291.1, 130A-291.2, 130A-295.3(c), 130A-335;
33 Eff October 1, 2009;
34 Amended Eff. January 1, 2014. 2014:
35 Readopted Eff. [JanuaWFebruary 1. 2019.
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l 15A NCAC 1313.0833 is readopted with changes as published in 33:04 NCR 404 as follows:
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3 15A NCAC 13B .0833 SEPTAGE MANAGEMENT FIRM PERMITS
4 (a) Septage management firm names mus 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.
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(b) A person who has not operated a septage management firm during the previous calendar year shall obtain four
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hours of new operator training from the Division prior to receiving a permit to operate a septage management firm.
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(c) To apply for a permit, a person proposing to operate a septage management firm shall submit the following
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information to the Division by January 1 of each year:
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(1)
Owner's owner's name, mess address, and phone number;
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(2)
Business business name, mess address, and phone number;
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(3)
Operate r o en rator name, address address, and phone number, if different from owner;
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(4)
Permit permit number, if existing firm;
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(5)
Type(s) e s of septage handled, and the quantity pumped the previous 12 months, if in operation;
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(6)
NtHRbenumber of pumper trucks;
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(7)
Capaeity ca aci and type of septage handled by each pumper truck;
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(8)
Vehiele vehicle license and serial numbers of each pumper truck;
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(9)
yes counties in which the firm operates;
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(10)
Disposal disposal method(s) for septage;
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(11)
Pal permit number for each septage land application site to be used;
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(12)
Pemiit permit number for each septage detention and treatment facility to be used;
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(13)
Thnieal an. oth information that the Division may quest that is pertinent to the operation of a
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septage management firm if it is necessary to determine compliance with the Rules of this
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Section;
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(14)
W-fit4e written authorization on official letterhead or a notarized wastewater treatment plant
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authorization form shall be submitted from an individual responsible for the operation of each
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wastewater treatment plant used for disposal indicating:
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(A) Type(s) e s of septage whieh e that may be discharged at the plant;
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(B) lMier-e where septage, including grease septage, eae may be discharged at the plant or in
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the collection system;
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(C) Geegr-aphie Reographic area from which septage will be accepted; and
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(D) Baratiee duration of .,,� authorization;
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(15)
The the appropriate annual permit fee in accordance with G.S. 130A-291.1(e); and
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(16)
The the date, location, number of hours, and provider of annual septage management firm training
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required in accordance with G.S. 130A-291.3(a).
$ 1 of 2

I (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)
Raei-lity facility name, address, phone number, and county;
4 (2)
Owner's owner's name, mess address, and phone number;
5 (3)
Aped o en rator name, mess address, and phone number, if different from owner;
6 (4)
Permi >f ermit number, if existing firm;
7 (5)
Type(s) e s of septage managed;
8 (6)
Faeili facility types and their permit numbers;
9 (7)
The the name and permit number of all permitted septage management firms using the facility;
10 (8)
T1ie the date, location, number of hours, and provider of annual training in accordance with G.S.
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130A-291.3(b); and
12 (9)
The the appropriate annual permit fee in accordance with G.S. 130A-291.1(el).
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 appFopriately
16 permitted solid waste management facility. Documentation from each plant, site, or other facility shall include the
17 types and amount of septage w-hieh 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) Prior to the issuance of a septage management firm permit to firms that pump septage, all pumper trucks for the
20 firm shall be inspected and approved by the Division for compliance with Rule .0844 of this Section. A-septage
21 management fiFm pefmit shall not be issued te fiFms that pump septage tHAil its pumpef tt=aek(s) have been insp
22 and approved-.
23 (h) Permits are neft .,., nsf fable. shall not be transferable.
24 (i) Septage management firm permits issued on or after January 1 shall
25 be effective until December 31 of that calendar year.
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27 History Note: Authority G.S. 130A-291.1;
28 Eff. November 1, 2009. 2009;
29 Readopted Eff. [Jauua-y]February 1. 2019.
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15A NCAC 13B .0834 is readopted as published in 33:04 NCR 404 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 may be paid by eheek or- money efder- 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-291.1(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], 2989-2009:
Readopted Eeff. January 1, 2019.
lofl
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15A NCAC 13B .0835 is readopted with changes as published in 33:04 NCR 404 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, established e his !and, 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 theee, ing
oF btifial : Fohi iced tinder the Fu es of thiceetion Septage shall not be disposed of by trenching or burial.
(b) Any person that has not operated as a septage land application site during the previous calendar year shall receive
at least three hours of new land application site operator training from the Division prior to receiving a permit to
operate a septage land application site.
(c) To apply for a permit for a septage land application site, the following information shall be submitted to the
Division:
(4 r e ,.tier of the site.
(2-)W Name, name, address, and phone number of:
(A) the applicant;
(B) the land landowner or the owner's landowner's legal representative in control of the
site; and
(C) the proposed operator;
�2) location of the site,
(3) Wfi#e 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) Types types of septage (as defined S. [139A 290] 13n� and the proposed annual volume
of each type of septage proposed for land application per acre, based on the nutrient management
plan submitted in accordance with Subparagraph (c)(12) of this Rule; s,d
(5) Substenees substances other than septage previously disposed of at this location, and the amounts
of those substances;
(6) dial aerial photography extending for a distance of at least 2500 feet in all directions from the
site, with site property boundaries depicted; aeeuf aiely depieted. Photograph seale shall be 1 00
feet or less�,
(7) ^'native alternative plan for the detention or disposal of septage, during a&erse weathe,-
sendition conditions that cause the site to be unavailable for [�� use, such as adverse weather
conditions;
(8) T..en treatment method for each type of septage to be discharged and the permit number of any
treatment facilities;
(9) Vieini vicini map (county road map) showing the site location;
(10) A a written report that documents compliance with Rule .0837 of this Section including: fir,
,elud n but not limited to the f newing if required by G. S. 89F G. S. Qor [89C—,l and G.S. 89E
10
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I
a heensed seil seientist, prefessional engineer-, or- heensed geolegist shall prepare these deetifne-
2
[Note: The NoAh Gafohna Board of Lieensing 4 Soil Seientists, Boafd of P*afniaer-s for Engineers
3
ands [1 a -ad the Board of Lieensing of Geologists has deteEmined, via letters
4
dated Nevember16, 2009,fsh11, 2010 [204-0;1 andjanuafy 7,2810, that p=epar-atien of
5
deetffnents pufstiant to this Paragraph eenstitiates soil seienee, pfaefir-li - - g, E)r- geology
6
under- G.S. 89R, G.S. 89C [8-9C—,J andG G.S. 89E i
7
(A) A a representative soils analysis (i-.e-., such as the Standard Soil Fertility Analysis,
8
Analysis), conducted within the last six months, on each proposed field of each proposed
9
land application site. The Standard Seil Fe4ifity Analy representative soils analysis shall
10
jinehide-.1 include shall inebade, bu4 is not neeessafily limited acidity, base saturation
l l
(by calculation), calcium, cation exchange capacity, exchangeable sodium percentage (by
12
calculation), magnesium, manganese, percent humic matter, pH, phosphorus, potassium,
13
and sodium; sodium, and may include additional analyses;
14
(B) A a total metal analysis for each proposed field shall be conducted for arsenic, cadmium,
15
copper, lead, nickel, selenium, and zinc. A North Carolina Department of Agriculture &
16
Consumer Services (NCDA & C-YNGSA&GS) mehlich-3 extraction is shall be an
17
acceptable substitute for a total metal analysis. Mercury shall be sampled if the applicant
18
proposes to land apply domestic or industrial or commercial treatment plant septage, or if
19
warranted by previous site use;
20
(C) €yield field description of soil profile(s), based on examinations of excavation pits and auger
21
borings, within four feet of the land surface or to bedrock describing the following
22
parameters by individual diagnostic horizons: thickness of the horizon; texture; color and
23
other diagnostic features; structure; internal drainage; depth, thickness, and type of
24
restrictive horizon(s); and presence or absence and depth of evidence of any seasonal high
25
water table. Applicants may be required to dig pits when necessary for pr-epee evaluation
26
of the soils at the site;
27 (D) A a soil trap, scale-1" - 400 feet or-1 map delineating major soil mapping units within
28 each proposed land application site and showing all physical features, location of pits and
29 auger borings, appheable seth eks, setbacks required in accordance with this Section,
30 legends, scale, and a north arrow;
31 (E) If if the annual application rate is proposed to exceed 125,000 gallons per acre per year,
32 yeff field descriptions to a depth of six feet €eet; shall be required; and
33 (F) Global Positioning System (GPS) data compatible with the Division's
34 datalogger shall be provided for proposed sites 30 acres or more in size.
35 If required by G.S. 89F, G.S. 89C, and G.S. 89E, a licensed soil scientist, professional engineer, or
36 licensed geologist shall prepare these documents. [Note: The North Carolina Board of Licensing of
37 Soil Scientists, Board of Examiners for Engineers and Surveyors, and the Board of Licensing of
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I Geologists has determined, via letters dated November 16, 2009, March 11, 2010, and Januar
2 2010, that preparation of documents pursuant to this Paragraph constitutes soil science, practicing
3 en ing eering, or eg olopy under G.S. 89F, G.S. 89C, and G.S. 89E.]
4 (11) Appheants applicants proposing to land apply 200,000 gallons per acre per year or more shall
5 provide a plan for monitoring soil moisture levels and the depth to seasonal wetness to determine
6 when land application can may occur without impacting gretffid wate groundwater or hydraulic
7 overloading. The plan shall include recommendations concerning annual and instantaneous loading
8 rates of liquids, solids, other wastewater eenems constituents, and amendments based on in -situ
9 measurement of saturated hydraulic conductivity in the most restrictive horizon. If required by G.S.
10 89C, G.S. 89E 89F, and G.S. 89E, a professional engineer, licensed soil seiefitist scientist, or
l l licensed geologist shall prepare these documents. [Note: The North Carolina Board of Examiners
12 for Engineers and Surveyors, Board of Licensing of Soil Demists Scientists, and the Board of
13 Licensing of Geologists has determined, via letters dated March 11, 2010, November 16, 2-OW 2009,
14 and January 7, 2010, that preparation of documents pursuant to this Paragraph constitutes practicing
15 engineering, soile-ee science, or geology, eog logX under G.S. 89C, G.S. 89F 89F, and G.S. 89E.]
16 (12) Nutrient management plan, prepared by a Technical Specialist, including at leas* a nutrient
17 management plan prepared by an environmental professional that shall include the following: the
18 following
19 (A) C—reps crops that will be planted on the site, including cover crops, and where each crop
20 will be planted. Crop planting locations shall be depicted on an aerial photograph or on a
21 plat man; map (scale-1" _4 00 feet or- res-�.
22 (B) Nitrogen nitrogen needs of the crops based on the realistic yield expectations for the soils
23 on the site, and crop management practices proposed;
24 (C) Crop crop stand density required to meet the realistic yield expectations for the proposed
25 crop;
26 (D) Appre�iimate approximate crop planting times and the seeding or sprigging rates for crops
27 to be established;
28 (E) Crop crop harvest frequency appropriate for the proposed realistic yield expectations and
29 nitrogen needs, and approximate crop harvest times;
30 (F) AppFoximate approximate monthly discharge rate to match the nitrogen needs and potential
31 uptake of the crop;
32 (G) Sites sites proposed to receive more than 50,000 gallons per acre per year of die
33 septage, a domestic or industrial or commercial treatment plant septage septage, or
34 domestic or grease septage that has been treated to remove solids, fats, oils, and grease
35 shall include nitrogen carry over when determining annual application rates;
36 (H) Weed weed control recommendations;
37 (I) Crop crop use or removal;
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1 (J) Results results from at least four samples of treated septage if the application is proposing
2 an increased application rate for the land application of septage treated to reduce nutrients;
3 and
4 (K) the signature of the site operator. n Teehnieal Speeiali t is of r-o rod for- ..tAfient
5
6
7 (L) All nutrient management plans shall bear the s.,tue of the site operator-.
8 For the purposes of this Rule, an environmental professional means a person who has received a
9 post -secondary degree from a college or university Fb.... ',.... e-te opost graduate ,degree from
10 university] and has trainingand nd experience in or related to agronomic principles utilized to manage
l l wastewater. Preparation by an environmental professional shall not be required for nutrient
12 management plans for renewal applications that do not contain changes that would affect nutrient
13 uptake.
14 (13) n pplieatioapplication rates for sites proposed to receive treated septage shall be determined based
15 on the most limiting nutrient;
16 (14) Er-esieft erosion and runoff management plan showing:
17 (A) Btt fey buffer locations and widths based on the direction and amount of slope adjacent to
18
the land application site;
19
(B) Nlegetatien ve etg ation type and stand density in the buffer areas; and
20
(C) Buff-ebuffer maintenance fertility requirements.
21
(15)
Proposes proposed land application method, method;
22
(16)
Proposed proposed distribution plan if required in Paragraph (e) of Rule .0837 of this Section;
23
(17)
Sites sites proposing to use spray irrigation as a land application method shall include:
24
(A) The the location of all fixed irrigation heads or the location of traveling gun irrigation lanes;
25
(B) iffigatie irrigation head spacing and traveling gun lane spacing shall be determined based
26
on standards in NC Cooperative Extension Documents AG-553-6 and AG-553-7 which are
27
hereby incolporated by reference including subsequent amendments and additions;
28
jadditions l of other- sri ilai-7 pubheatiens;
29
(C) The the size of all spray nozzles;
30
(D) Syster system operating pressure at the irrigation head;
31
(E) Galettlatien calculation of the wettable acres vs. permitted acreage;
32
(F) Galibr-atie calibration methods and frequency; and
33
(G) lfi4ga4iee irrigation system operation and maintenance plan.
34
(18)
Demeastfa4ie [demenst+mia} documentation from the Department of Natural and Cultural
35
Resources ffafn the appr-opfiate State E)r Federal Govemment ae that the land application site
36
complies with Paragraph O of Rule 0837 Rule .0837(g) of this Section if any part of the site
37
specified for land application is not agricultural land;
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1 (19) The the date, location, number of hours, and provider of annual septage land application site operator
2 training required in accordance with G.S. 130A-291.3(b);
3 (20) Tsai an,, o� information that the Division may request that is pertinent to the suitability of
4 the proposed site, if it is necessary to determine compliance with this Section;
5 (21) An an applicant who proposes to land apply septage septage, as defined it G.S. 130A 290, on a
6 public contact site, shall provide the Division evidence of fie -public notice and the applicant
7 shall have stieeessffillp completed the Land Application of Residuals and Bieselids Course and
8 maintain a Land Application of Residuals Certificate given issued by the Department of
9 Environmental Quality; E ent and Natnfai Resenfees; an
10 (22) An an applicant who proposes to land apply industrial or commercial
l l treatment plant septage or domestic treatment plant septage ,
12 shall have sueeessfull completed the Land Application of Residuals and Bieselids Course and
13 maintain a Land Application of Residuals Certificate given issued by the Department of
14 Environmental Quality Enviromnent and Natmal Reso ,ree ; and
15 (23) An an applicant who proposes to land apply septage septage, as defined :n G. S. 13n n 290in excess
16 of 50,000 gallons per acre per year shall provide the Division with evidence of adeqtta4e public
17 notice which shall at a minimum be publication with a local news organization, in a leeal newspaper,
18 and shall have sueeess€ully completed the Land Application of Residuals and Bieselids Course and
19 maintain a Land Application of Residuals Certificate issued by the Department of Environmental
20 Quality; and FQuali }.j E....;,.,...ment and Natural Res
21 24 an approval letter from the unit of local government havingzoning onine authority over the area where
22 the facility is to be located stating that the proposed facility meets all of the requirements of the local
23 zoning ordinance, or that the site is not zoned.
24 (d) The Division shall not issue a permit to land apply septage at a rate in excess of
25 50,000 gallons per acre per year .,for a permit to land apply domestic treatment plant septage domestic-, or
26 industrial or commercial treatment plant septage shall not be gFanted to persons who have not demenstfated tha4 they
27 until the applicant has operated eper-ate-a septage land application site in accordance with this Section
28 for at least a 12 month period.
29 (e) Applications for permits issued in accordance with this Rule shall be submitted to the Division of Waste
30 Management, Solid Waste Section, 1646 Mail Service Center, Raleigh NC 27699-1646. Applications for permits will
31 not be reviewed until all parts of the application have been completed and submitted to the Division.
32 (f) Applications for permits re~- sites er- t fe, 4fnent methods -. hie that do not meet the standards in accordance with
33 this Section shall be denied.
34 (g) Applications for renewal permits issued in accordance with this Rule shall be submitted to the Division at least
35 90 days prior to the expiration date of the permit. The Division shall notify permit holders of facility permit expiration
36 dates 120 days prior to permit expiration.
37 (h) Applications for permit modification shall be required for the following changes:
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(1) PeantR permitted area or field boundaries;
(2) PrepeA prope ownership;
(3) moral annual application rates;
(4) Reeeivei receiver crop; or
(5) mopes tTes of septage discharged.
(i) Applications for renewal permits submitted in accordance with Paragraph (g) of this Rule and applications for
permit modifications shall not be required to resubmit the information required in Subparagraphs (c)(6), (8), (9), (10),
(16), (17), and (18) unless changes are made in those plans.
0) Septage land application site permits are shall not be transferable.
(k) Eimtim pefmiQermit duration ineluding renewals is shall be five yeas in accordance with Rule .0832(a)(8)
of this Section.
approvals prior to eper-mien of the site.
History Note: Authority G.S. 130A-291.1;
Eff April 1, 2010. 2010;
Readopted Eff. [JFebruary 1. 2019.
6of6
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15A NCAC 13B .0836 is readopted with changes as published in 33:04 NCR 404 as follows:
15A NCAC 13B .0836 SEPTAGE DETENTION AND TREATMENT FACILITY PERMITS
(a) Ne per —son, shall establish on his land, No person shall establish, or allow to be established upon any real property
owned, operated, leased, or controlled by that person, a a septage detention and treatment facility, unless a
permit for the f4eilily has been obtained from the Division or the facility is operating in accordance with a NPDES
permit issued by the NC Division of Water Resources. Quality.
(b) Septage detention and treatment facilities shall be designed, located, constructed, and operated in accordance with
the standards specified in Rule .0841 of this Section.
(c) To apply for a permit to operate fer- a septage detention of [a dl tFeatmeat facility the applicant shall submit the
following information to the Division:
(1) Name, name, address, and phone number of
(A) the applicant;
(B) the landowner land evme or the ewner's landowner's legal representative in control of the
site; and
(C) the proposed operator;
(2) Loeatie location of the facility;
(3) Viekiiy vicini map or county road map showing the site location;
(4) des lypes of Septage to be stored or treated;
(5) A a description of the facility including the size, number, and type of structures to be used at the site
and construction materials to be used;
(6) An an explanation of the methods for discharge into and removal from the detention or treatment
facility, the methods for treating leaks or spills at the site, and methods for odor control;
(7) Septage Septage land application site permit number and the name of any wastewater treatment
plant(s) where the septage will be disposed;
(8) A44tte written documentation of awe approved locations to manage any solid or liquid
wastes generated at a treatment facility;
(9) An an aerial photograph, extending for a distance of at least 1,000 feet in all directions from the site
property lines; yes, seale 1" — 400 feet or-
(10) Written written authorization to operate a septage detention or treatment facility signed by each
landowner (if other than the permit holder) or his the landowner's legal representative; and
(11) mo�ai an. o� information that the Division may request that is pertinent to the suitability of
the proposed faeilit}�facility if it is necessary to determine compliance with this Section; and
12 an approval letter from the unit of local government having zoning authority over the area where
the facility is to be located, stating that the proposed facility meets all of the requirements of the
local zoning ordinance, or that the site is not zoned.
16 1 of

I (d) Treatment of septa,ge shall include aerobic or anaerobic digestion, dewatering or thickening, ressing, centrifugin
2 the use of organisms or enzymes, and pathogen reduction methods or vector attraction reduction methods other than
3 lime stabilization.
4 operate the [ f edit.] f4eility, fef a peried not te exeeed 12 months, plans and speeifieatiens shall be submitted. if
5 r-e"ir-ed by G.S. 89C, a pfefessional engineer- shall pfepafe these doeuments. [Nete: The Nefth Cai-Aina BE)aFd of
6 ExamineFs for- Engineers and Stii=veyer-s has detefmined, via letter and resolution dated Mareh 11, 2010, that
7G.S.
8 49CA
10
11 .,,ethads athe. tha-a lifne ..tabiliza4ion To apply for a permit to operate a septa,ge treatment facility, plans and
12 specifications shall be submitted. If required by G.S. 89C, a professional engineer shall prepare these documents.
13 The plans shall include the information set forth in Para rg aph (c) of this Rule and the following: in addition to t
14 1 shall
15 (1) Site site plan at a scale appropriate to show the detail of the facility, but in no case greater than 100
16 feet per inch;
17 (2) EnR: eer-i en ine�ering plans for the entire system, including treatment, storage, and disposal
18 equipment, and containment structures;
19 (3) Detail [detai4edj drawings that shall be at a scale appropriate to show pumps, tanks, valves, controls,
20 meters, pipes, and other items critical to the operation of the facili . faeil As -built drawings shall
21 be submitted if the facility construction is not consistent with the initial drawings;
22 (4) An an operation and maintenance manual signed by the applicant outlining information and
23 instruction on how the facility is to be operated, equipment maintenance, minimization of odors,
24 required safety and personnel training, and an outline of reports to be submitted to the Division.
25 Contingency plans shall be included to address at least equipment failure, human error, inclement
26 weather, and spill and leak cleanup; and
27 (5) A a quality assurance plan signed by the applicant for the process and final product if treatment
28 involves meeting pathogen reduction or vector attraction reduction standards.
29 (6) compliance history for the facility showing no unresolved violations of Federal, State, or local laws,
30 rules, regulations, or ordinances; and
31 (7) certification that the construction of the treatment facility is complete and consistent with the plans
32 submitted in accordance with this Para.r aph;
33 FNote: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter and resolution
34 dated March 11, 2010, that preparation of engineering design documents pursuant to this Paragraph constitutes
35 practicing engineering under G.S. 89C.1
36
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1
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5 ;
6 ;
7 and
8 ,
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10 f(g) A permit to operate €ef a new septage detention or- a septage and treatment facility shall not be issued until the
11 proposed site has been approved by the Division. Approval by the Division shall be based on whether the facili , is
12 in accordance with the Rules of this Section.
13 W(h) Operation of a new septage detention or a new septage treatment facility shall not commence until the facility
14 has been inspected by the Division and found to be consistent with the permit application.
15 thXi) A permit to operate a treatment facility shall not be issued until the facility has been inspected by the Division
16 and found to be consistent with the permit application and operation has been found to be consistent with the operation
17 and maintenance manual.
18 0(j) Application packages for permit renewals for septage treatment facilities shall include:
19 (1) 1;3pda4eddr-awings undated drawings, if there are changes to the facili • €aeility,
20 (2) T rpdmea site plans undated site plans, (if .o rod as pai4 of original.,.. mitt.,) if there are changes
21 to the initial site plan; plair,
22 (3) Wised updated operation and maintenance manual, if there are changes to the operation and
23 maintenance manual; and
24 (4) wised undated quality assurance plan, if there are changes to the quality assurance plan. plan fe
25
27 W(k) Engineering plans and specifications for marina detention tanks that do not meet the minimum setbacks in
28 .n4� Rule .0841(m) of this Section or are located below grade shall be submitted. If required by G.S. 89C, a
29 professional engineer shall prepare these documents. [NetThe North Carolina Boardof L'...,...iners for Engi^eer�
30 and SuFveyers has determined, via letteF and Fesolution dated Mareh 11,
2010, that preparation of engineering design-
31 The facilities shall be
32 certified to be constructed in substantial compliance with the plans and speeifiea4ions. specifications submitted in
33 accordance with this Rule. If required by G.S. 89C, a professional engineer shall certify this compliance.Mote: The
34 North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter and resolution dated March
35 11, 2010, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing
36 en ing eering under G.S. 89C.1
18
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I (k){}) Parts of detention and treatment facilities located below grade and lagoons shall be certified to be constructed
2 in substantial compliance with the plans and specifications submitted in accordance with this Rule. spec f;cat;e*s-. If
3 required by G.S. 89C, a professional engineer shall certify this compliance. [the eenst etioi .]_[Note: The North
4 Carolina Board of Examiners for Engineers and Surveyors has determined, via letter and resolution dated March 11,
5 2010, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering
6 under G.S. 89C.1
7 ffl(m) Applications shall be submitted to the Division of Waste Management, Solid Waste Section, 1646 Mail Service
8 Center, Raleigh NC 27699-1646. Applications for permits will not be reviewed until all parts of the application have
9 been completed and submitted to the Division.
10 Lm)(n) Applications for renewal permits shall be ale submitted to the Division at least 90 days prior to the expiration
11 of the permit. The Division will shall notify permit holders of facility permit expiration dates 120 days prior to permit
12 expiration.
13 Ln)(e) Applications for renewal permits submitted in accordance with Para aQr phs (i) and (m) Paragraph 0) [a -ad (f"
14 of this Rule and applications for permit modifications shall not be required to resubmit the information required in
15 Subparagraphs (c)(3) and (9), and Paragraph (d) of this Rule unless changes are made in those plans.
16 U(R) Septage detention and treatment facility permits are shall not be transferable.
17 (p)(q) MmEiffmm petmitPermit duration ineluding renewals is shall be €rve year in accordance with Rule .0832(a)(8)
18 of this Section.
19 t(R} Applications for permit modifications shall be required for the following changes:_elanges in::
20 (1) Pr-opeA roe ownership;
21 (2) n treatment methods;
22 (3) Types bTes of septage to be stored or treated; or
23 (4) Size size and number of treatment or storage structures.
24 (r)(s) Applications for facilities whieh—that do not meet the standards set forth in this Section shall be denied.
25 Ls)(O An application requesting reduced setbacks in accordance with Rule .0841(m)(7) of this Section shall include a
26 letter from the appropriate local zoning affiee office approving proposed reduced setbacks.
27 (u) issuanee of a pefmit does not r-elieve the pefmit holder- of the responsibility of obtaining applieable zoning
29
30 History Note: Authority G.S. 130A-291.1;
31 Eff April 1, 2010. 2010;
32 Readopted Eff. [3auua�y}February 1. 2019.
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15A NCAC 13B .0837 is readopted with changes as published in 33:04 NCR 404 as follows:
15A NCAC 13B .0837
LOCATION OF SEPTAGE LAND APPLICATION SITES
(a) Soil characteristics (Morphology) •eh 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 oFmforms a ball that can
be handled without breaking;
(E)
Silt Loam: Silt loam has a floury feel when moist and will show shows a fingerprint but
will does not form a ribbon and forms only a weak ball;
(F)
Silt: Silt has a floury feel when moist and sticky when wet but w444-does not form a ribbon
and forms a ball that wil tolerates some handling;
(G)
Sandy Clay Loam: Sandy clay loam has a gritty feel but contains enough clay to form a
firm ball and may form ribbons from r-ibben to fe 0.75 inch to one -inch long pieces;
(H)
Silty Clay Loam: Silty clay loam is sticky when moist and forms a ribbon from one to
two inches. Rubbing silty clay loam with the thumbnail produces a moderate sheen. Silty
clay loam produces a distinct fingerprint;
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1
(I)
Clay Loam: Clay loam is sticky when moist. Clay loam forms a thin ribbon of one to two
2
inches in length and produces a slight sheen when rubbed with the thumbnail. Clay loam
3
produces a nondistinct fingerprint;
4
(J)
Sandy Clay: Sandy clay is plastic, gfitty ZjLtty,and sticky when moist and forms a firm ball
5
and produces a thin ribbon to over two inches in length;
6
(K)
Silty Clay: Silty clay is both plastic and sticky when moist and lacks gritty feeling. Silty
7
clay forms a ball and ready ribbons to over two inches in length;
8
(L)
Clay: Clay is both sticky and plastic when moist, produces a thin ribbon over two inches
9
in length, produces a high sheen when rubbed with the thumbnail, and forms a strong ball
10
resistant to breaking;
l l
(M)
The Division shall substitR4e allow laboratory determination of the soil textural class
12
as defined in this Section by particle -size analysis of the fine -earth fraction (less than 2.0
13
min in size) using the sand, sAt s� and clay particle sizes as defined in this Section for
14
field testing when conducted in accordance with ASTM (^ meri^^n Soe ety for Testing an
15
Mater-ials) D 422 ,.Feeedufes standard test methods D6913 for sieve analysis or D7928 for
16
&ieve-andhydrometer analysis. For fine loam and elayey soils (Group 11 and 111) the
17
.
18
(3) Wetness Condition:
19
(A)
Soil wetness conditions caused by a seasonal high water high water table, perched water
20
table, tidal water, or seasonally saturated soils shall be determined by observation of
21
common soil mottles of colors of chroma 2 or less, using the Munsell color chart, in mottle
22
or a solid mass. If drainage modifications have been made, the soil wetness conditions may
23
be determined by direct observation of the water surface in monitoring wells during periods
24
of typically high water elevations. However, colors of chroma 2 or less .e that are relic
25
from minerals of the parent material shall not be considered indicative of a soil wetness
26
condition.
27
(B)
Soils that do not meet the required depths to a soil wetness condition as set forth in
28
Subparagraphs (4) — (7) of this Paragraph shall be considered unsuitable and septage shall
29
not be applied, unless the required depths separation disc ^es e may be maintained.
30
Water table monitoring wells may be utilized to determine the actual depth to a soil wetness
31
condition. The Division may limit discharges to certain months where soil wetness
32
conditions are marginal for use.
33
(C)
The required depth to a soil wetness condition is determined by the Soil Group Textural
34
rl,.s..�r Classification, as set forth in Subpara agr phs (4)-7) of this Paragraph.
35
(4) Soil Group I soil shall be considered suitable where soil wetness conditions are deeper than 36
36
inches
below the point of septage application or incorporation.
2of5 21

1 (5) Soil Group II soils shall be considered suitable where soil wetness conditions are deeper than 24
2 inches below the point of septage application or incorporation.
3 (6) Soil Group III soils shall be considered suitable where soil wetness conditions are deeper than 18
4 inches below the point of septage application or incorporation.
5 (7) Depth to rock: soil depth shall be considered suitable where depth to rock is deeper than 24 inches
6 below the point of septage application or incorporation or deeper than 18 inches if the septage is
7 pretreated to accomplish pathogen reduction and surface applied over vegetation.
8 (8) Mine reclamation sites will shall be considered on a ease by case -by -case basis —basis, based
9 on compliance with the Rules of this Section, the previous use of the mine, and the current condition
10 ofthe mine.
11 (b) Septage land application sites shall not be located in the watershed of a Class WS-I stream. New septage land
12 application sites shall not be located in the water quality critical area of Class WS-II, WS-III, or WS-IV streams or
13 reservoirs. This prohibition deer shall not apply to those portions of a water supply watershed that W-hie are drained
14 by Class B or Class C streams.
15 (c) Sethaeks. At the time of initial permitting, septage land application sites shall observe the minimum setback
16 distances specified in this Rule. Minimum setbacks shall be maintained throughout the life of the site only on land
17 owned, operated operated, or controlled by the permittee or by the landowner(s) at the time of initial permitting. Any
18 sale, Lease lease, or other conveyance of land by the permittee, or by the landowner(s) if different from the permittee,
19 subsequent to the initial permitting of the site shall include restrictions to ensure continued maintenance of the
20 setbacks. .
21 (d) All septage disposal sites shall be located at least the minimum distance specified for the following:
22 (1) Resideneeresidence:
23 (A) not occupied by the applicant — 500 ket few
24 (H) os�ee occupied by the applicant — 100 feet;
25 (2) Place place of business, other than the septage management firm's office or related buildings, €fm
26 ef€iee or place of public assembly — 500 feet;
27 (3) Weg well or water suonly spring — 500 feet;
28 (4) Sanaee water-s. Stfea surface waters — stream classification shall be determined in accordance
29 with 15A NCAC 02B .0301 through .0317 Assignment of Stream Classifications;
30 (5) Fresh fresh waters:
31 (A) Class WS-I, Class WS-Il, or Class WS-III streams — 300 feet;
32 (B) Class B stream — 300 feet;
33 (C) Class C stream — 200 feet; and
34 (D) 9tkeother streams and bodies of water — 200 feet;
35 (6) TidEd tidal salt waters:
36 (A) Class SA or Class SB — 300 feet from mean high water mark; and
37 (B) Class SC and other coastal waters — 200 feet from mean high water mark; mark.
22 3 of 5

1
(7)
Supper supplemental classifications:
2
(A) Tit trout waters and swim waters — 200 feet; an4
3
(B) NtAfien4 nutrient sensitive waters and outstanding resource waters — 300 kgt feet-.
4
(8)
6FOUREtW groundwater lowering ditches and devices — 100 feet;
5
(9)
Adjoining adioining property under separate ownership or control — 50 feet;
6
(10)
Publie up blic road right of ways — 100 feet;
7
(11)
peM food crops — 50 feet;
8
(12)
Wetlands wetlands — 50 feet;
9
(13)
Weeds woods line — five feet, unless greater distance is required as part of an erosion and runoff
10
control plan;
11
(14)
land application site on the same tract of land, permitted to a different operator — 100 feet; and
12
(15)
Sethaeks setbacks in Subparagraphs (d)(3), (4), (5), (6), (7), and (8) of this Rule may be reduced 50
13
percent when septage is pretreated to accomplish pathogen reduction and when the land within the
14
setback area is in permanent, established grass with at least 95 percent cover or when the setback
15
area is in forest with a continuous canopy and a 95 percent forest litter cover. Accurate property line
16
locations are shall be the responsibility of the site operator.
17
(e) Septage land
application sites less than five acres in size, individual fields of a site less than two acres in size, and
18
sites with complex
soil patterns or unusual shapes shall be permitted only if the applicant demonstrates to the Division
19
that the site can will be proper-ly managed for crop production and that septage will be applied with uniform
20
distribution over the entire permitted application area. ean be evenly disc .ibtAoa ever- the site
21
(f) Septage land application sites shall not be located where the slope of the land is greater than 12 percent unless all
22
of the conditions of this Paragraph are met:
23
(1)
The the site is in permanent, established grass with at least 95 percent cover or is in forest with a
24
continuous canopy and a 95 percent forest litter cover;
25
(2)
glans the erosion and runoff management plans submitted to the Division min accordance
26
with Rule .0835(c)(14) of this Sectionaeeepted [appfevedl erosion and ftinegeentfel pr-aefiees am
27
shall indicate the following:
28
(A) Management management practices and discharge methods whieh that will be used to
29
reduce the potential for run-off from the site and assufe even septage distribution ever the
30
site allow for the uniform distribution of septage over the entire permitted application area;
31
and
32
(B) geeatien location of potential surface water monitoring devices upslope and downslope
33
from the area proposed to be permitted and identification of sampling methods. Monitoring
34
may be r-eEfaifed. if there is an indication that septage is entering surface waters.
35
(3)
The Division may increase setbacks or decrease application rates for the protection of surface
36
waters;
37near-by
^ rf ee waters ... ieh are to be approved by the Division; and
4of5 23

1 (4) No no site shall include slopes in excess of 25 percent.
2 (g) A new septage land application site shall not jeopardize the continued existence of threatened or endangered
3 species or result in the destruction or adverse modification of a critical habita4, habitat protected under the Federal
4 Endangered Species Act of 1973. Agricultural land shall not be considered potential habitat.
5 (h) Septage, or any part of septage, as domed in G.S. , 30 n 290 treated to meet the standard for Class A sewage
6 sludge in accordance with the federal regulations for pathogen reduction and vector attraction reduction in 40 CFR
7 Part 503, Subpart D, may be permitted by the Division for application to a public contact site, home lawns and gardens,
8 or to be sold or given away in a bag or other container, provided it can be demonstrated that pollutant limits in 40 CFR
9 503.13(b)(3) 503.13(b)(1) Table 3 Pollutant Concentrations are not exceeded. Persons who prepare the septage, and
10 persons who derive material from the septage, shall comply with the applicable record keeping requirements in 40
11 CFR 503.17(a)(1), (2) or (6). T-fe 4ment verification, aeeeptable to the Division .hall be ��Documentation
12 and certification by the operator that the treatment method meets the Class A standard shall be available to the Division
13 0on request. All treatment methods and facilities shall obtain a permit from the Division in accordance with Rule
14 .0836 of this Section. .0836..
15
16 History Note: Authority G.S. 130A-291.1;
17 Eff.' October 1, 2009. 2009;
18 Readopted Eff. [Janua-,JFebruary 1. 2019.
24 5 of 5

l 15A NCAC 1313.0838 is readopted with changes as published in 33:04 NCR 404 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) CWy 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) Each each site shall be posted with visible and legible "NO TRESPASSING" signs. Aeeess 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 of a4 least two feet by twe feet stating "SEPTAGE LAND
10 APPLICATION SITE" shall be maintained at each entrance to the land application area;
11
(3)
Baeh 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 Plano 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)
Septage septage shall be applied to the surface of the land from a moving vehicle it sueh a manner
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 eleafly 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 [-lear]yI
28
visible and distinguishable from the surrounding landscape for determiningthe he disposal boundaries
29
when the site is in use;
30
(11)
All all septage discharges shall be made at a location on the site consistent with the nutrient
31
management plan;
32
(12)
A14 all septage discharges, including aerial drift from discharges, shall be made within the permitted
33
boundaries of the land application site;
34
(13)
Land land application of septage shall be limited to a maximum daily hydraulic application rate of
35
one acre inch;
36
(44}
, or- other- apptH4ena-nee used for- the pwpese
37
of Femoving eeeking oils, fats, grease, and food debris from the waste flow generated from food
1 of 4 25

l handling, prepafation, and eleafyup shall not be land apphed tmiess the tfap has been pttfflped'�vithi
2 the last 90 days of the gfease septage adequa4ely sefeened of dewatefed to prevent damage to land
3 ,
4 14 4-54 Cfease grease septage shall be diluted at least 1:1 from its concentration when pumped with
5 domestic septage or water if land applied over perennial vegetation. This dilution shall be increased
6 if crop damage occurs. This dilution requirement shall not apply to the liquid portion of grease
7 septage that has been adequately treated to remove solids, fats, eils qjIS and grease as long as crop
8 damage does not occur;
9 15 40 Solids solids resulting from septage treatment shall not be land applied unless the solids are treated
10 to meet pathogen reduction and vector attraction reduction requirements in 40 CFR 503, and the
l l permittee has demonstrated to the Division that the solids ean be evenly Wad applied
12 will be land applied with uniform distribution over the entire permitted application area at
13 agronomic rates with standard agricultural spreading equipment;
14 (L6)(1-7) The the site shall be managed i sueh ^ manner as to minimize soil erosion and surface water runoff.
15 Appropriate soil and water management practices shall be implemented and maintained in
16 accordance with the erosion and run-off eei+.-�o��«ol plan. managementplan
17 submitted in accordance with Rule .0835(c)(14) of this Section. All water control structures shall be
18 designed, installed, and maintained to control the run-off resulting from a 10-year storm;
19 17 "Approved approved nutrient management plans shall be followed;
20 18 "lid land application sites or portions of land application sites that do not follow the approved
21 nutrient management plan shall not be used for land application until brought into compliance with
22 the nutrient management plan;
23 (2-A) altefneAe plan fer- the stefage er- disposal of septage "ing per-iods when the pefmitted !an
24 apphea4ion site is not available;
25 19 (24) Land land application sites permitted for the management of grease septage, or commercial or
26 industrial septage, shall have a septage detention facility available, of adequate size to meet the
27 requirement of Subparagraph (aa*K)a 14 of this Rule; and
28 20 (2-2) A a septage land application site permit holder or operator is responsible for the actions of any
29 septage management firm that the permit holder or operator allows to use [the4fl his or her his land
30 application site.
31 (b) Maximum land application rates for septage shall be determined based upon the following:
32 (1) pie domestic septage land application rates shall be in accordance with 40 CFR Raft
33 503.12(c);
34 (2) Land land application of domestic treatment plant septage shall not exceed the rate in 40 CFR
35 503.14(d);
36 (3) Pellut pollutant limits for regulated metals in 40 CFR past 503.13 shall not be exceeded for any
37 type of septage;
26 2 of 4

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 Part 257.3-5;
6 (6) Land land 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 ma�be required for inconsistent analysis results;
(8) €aek each analysis shall include nitrogen panel, phosphorus, potassium, soluble salts, pH, and
12
regulated metals except mercury, calcium, manganese, magnesium, iron, sulfur, boron and chlorine;
13
(9)
After after an adjusted land application rate is approved, sampling shall be required every 60 days
14
for the initial first 12 months of operation;
15
(10)
After after the initial 12 months, wastes with consistent sample results shall be sampled quarterly;
16
and
17
(11)
Land land application rates for industrial or commercial septage, or commercial or industrial
18
treatment plant septage shall be determined as specified in Subparagraphs (b)(1) and (b)(2) of this
19
Rule unless testing determines that a lower rate is necessary due to other non -domestic pollutants.
20
(c) Septage treatment standards:
21
(1)
sic domestic septage shall be treated in accordance with the requirements in 40 CFR Fart 503
22
Subpart D (including Appendix A and B) except that 503.33(b)(11) is not incorporated;
23
(2)
Grease grease septage, treated grease septage, eefrimereial e industrial or commercial treatment
24
plant septage, and eetiffnereiaYindtistrial industrial or commercial septage shall be treated in
25
accordance with 40 CFR 257.3-6 or treated by an equivalent or more stringent process in 40 CFR
26
503 Subp D;
27
(3)
Crease grease septage, or any part of grease septage, mixed with domestic septage shall be treated
28 as grease septage; and
29 (4) ;tie domestic treatment plant septage shall be treated to meet the pathogen reduction and the
30 vector attraction reduction requirements in 40 CFR 503, 503 D.
31 (d) No one other than the permit holder shall land apply septage at a permitted site unless approved in writing by the
32 Division. The permit holder shall submit a written request and written authorization from the landowner(s), if different
33 from the permit holder. The request shall include the name of the firm requesting approval and the type and amount
34 of septage proposed to be discharged. The Division may approve the request if the land application activity, permit
35 holder. and the firm reauestinLy approval to land apply are in compliance with Rules of this Section.
36 (e) Permit holders of septage land application sites shall develop and maintain records and reports to demonstrate
37 compliance with this Section and the permit requirements of each site.
3 of 4 27

1 (1) Refmit permit holders of sites receiving septage shall maintain a log which meets the requirements
2 of 40 CFR PaA 503.17(b);
3 (2) gefmit permit holders of all septage land application sites shall have all records and certifications
4 and test results required in accordance with this Section t be kep available for review during any
5 j- site inspections by the Division or upon the Division's request; Division;; and
6 (3) The the permit holder of a site where more than one septage management firm has been authorized
7 by the Division to discharge septage shall submit a monthly report to the Division that ..� shall
8 include the following information for each discharge: the date and quantity of each discharge, the
9 type of septage discharged, and the name of the septage management firm discharging.
10 (4) All test r-estilts for- nuti-7ients, metals, eentafninants, a -ad pathogens r-e"ired in this Seetion shall
11 .
12 (f) Septage shall not be land applied at a new septage land application site until a representative of the Division has
13 inspected the site to determine compliance with these rules and consistency with the permit application and all permit
14 conditions.
15 (g) Methods of land applieation fef w-hieh there afe no standards in these Fules shall be pefmitted only if it ean
16 demonstrated that the proposed method manages septage in a manner at least equivalent to these Rules and to protect
17 publie health and the environment. Plans shall be s4mitted and prepared in aceordance with professional engineeri
18 piles.
19
20 History Note: Authority G.S. 130A-291.1;
21 Eff. October 1, 2009. 2009;
22 Readopted Eff. [February 1. 2019.
28
4 of 4

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
15A NCAC 13B .0839 is readopted as published in 33:04 NCR 404 as follows:
15A NCAC 13B .0839 RECORD KEEPING FOR SEPTAGE MANAGEMENT FIRMS
(a) Each permit holder shall maintain a log whieh that includes a4 least the following information for each septage
pumping event:
(1) The the date, type, quantity, and location of septage ptmved; pumped; the location for tanks shall
be a street address and the location for portable toilets shall be a route; and
(2) heea4ie location of the discharge of the septage.
(b) A septage management firm shall make all r-eeerds 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. 2009;
Readopted Elf. January 1, 2019.
lofl
43

I 15A NCAC 13B .0840 is readopted as published in 33:04 NCR 404 as follows:
2
3 15A NCAC 13B .0840 SAMPLING AND ANALYSIS
4 (a) Monitoring or sample collection, handling, and analysis required by this Section,, Section and all costs
5 iiwelved,afeinvolved 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 PaA-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 RaA
34 503.8.
35
36 History Note: Authority G.S. 130A-291.1;
37 Eff. October 1, 2009;
44 1 of 2

Amended Eff. May], 201-7-.2017:
Readopted E, ff. January 1, 2019.
2 of 2
45

I 15A NCAC 13B .0841 is readopted with changes as published in 33:04 NCR 404 as follows:
2
3 15A NCAC 13B .0841 STANDARDS FOR SEPTAGE DETENTION AND TREATMENT FACILITIES
4 DES
5 (a) Septage detention f4eilifies, facilities used to meet the requirements of Rule .0838(a)(19) .0938(.v20or--" of
6 this Seetien 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.f The Division shall notify the owner or operator of the facility of the increase. the
10 . This Paragraph does not limit the maximum capacity of a septage
11 detention facility. Gapaei�y shall be iner-eased if it is demenstfated during site eper-a4ian tha4 this veltime is inadequa4e
12 if speei fie site , side -ati ns would . nt eh ine o
13 (b) Each site shall have an all weather access road. Septage detentie f eili es for- sites ..v,.. it4ea t..land ap
14 exeess of 50,000 ga4lons per- aere per- year- shall have a i i . eqtW to Vwo per-eent of the . mum amival
15 appheation rate. Faeilities pefmitted as ef the effeetive date of this Pdle shall h&ve 12 manths to meet this reqttir-eme
16 (c) Septage treatment and detention facility containers shall be struet ural4y sound an constructed of steel, concrete,
17 plastic, or €rhefglass. fiberglass; and shall be free of evidence of damage or weakness such as holes or cracks that may
18 allow the escape of septage.
19 If required by G.S. 89C, plans and specifications for proposed containers constructed of materials not specifically
20 addressed in this Rule shall be prepared by a professional engineer. [Note: The North Carolina Board of Examiners
21 for Engineers and Surveyors, has determined, via letter and resolution dated March -7-, 11, 2010, that certification of
22 documents pursuant to this Paragraph constitutes practicing engineering, under G.S. 89C.]
23 (d) A septage treatment and detention facility permit holder and operator are shall
24 be responsible for the actions of any septage management firm that uses the detention or treatment facility.
25 (e) Each detention and treatment facility shall be designed, constructed, and maintained in stieh a manner as to:
26 (1) Pr-everp event leaks or the flow of septage out of the facility into the seasonally high water table,
27 onto the ground surface, or into any surface waters;
28 (2) Minimize minimize the attraction or admittance of vectors; and
29 (3) Prevext rp event unauthorized entry into septage containers or lagoons.
30 (f) Septage detention and treatment facilities located below grade shall:
31 (1) [if] required by G.S. 89G, a pr-efessional engineer- shall eei4if� theA the eenstfuefien was eemplete
32 be constructed in substantial compliance with the plans and specifications prior to any waste being
33 introduced into the system. If required by G.S. 89C, a professional engineer shall certify this
34 compliance. [Note: The North Carolina Board of Examiners for Engineers and Surveyors, has
35 determined, via letter and resolution dated March 11, 2010, that certification of documents pursuant
36 to this Paragraph constitutes practicing engineering, under G.S. 89C.];
37 (2) Be be constructed to a traffic rated standard or protected from vehicular traffic; and
1 of 5 29

1 (3) Net not be constructed of used metal tanks. Used metal tanks are allowed to may be located beside
2 a wall or embankment for gravity access as long as the entirety of the tank is visible.
3 (g) The permit holder of a septage treatment or detention facility shall del minimize odors from the facility at the
4 property boundary.
5 (h) The Division may require that groundwater monitoring wells or a leak detection system maybe
6 required be installed around treatment or detention systems if neeessary to for protection of public health and
7 the environment. environment if there is evidence of a leaking tank.
8 (i) The area around tanks shall be free of debris and vegetation to allow for access and inspection for a distance of at
9 least 5 feet.
10 0) Septage shall be transferred to and from a detention system in a manner that prevents leaks or
11 spills of septage; septage onto the ground surface or exterior surface of the detention system, including septage in
12 pipes used for transferring waste to and from vehicles.
13 (k) Access roads or paths crossing or leading to the facility shall be posted with "NO TRESPASSING" signs.
14 (1) Requirements for lined lagoons:
15 (1) Lined lagoons shall be permitted only at sites where the construction and use of a lagoon shall does
16 not jeopardize the public health or environment.
17 (2) Portions of lined lagoons made located below grade shall be in aeeer-danee with S4par-agfaph
18 «'" ` of this Rule. in substantial compliance with the plans and specifications prior to and
19 being introduced into the system. If required by G.S. 89C, a professional engineer shall certify this
20 compliance. [Note: The North Carolina Board of Examiners for Engineers and Surveyors, has
21 determined, via letter and resolution dated March 11, 2010, that certification of documents pursuant
22 to this Paragraph constitutes practicing engineering, under G.S. 89C.1;
23 (3) Only lagoons designed, constructed and inspected in accordance with accepted engineering
24 principles providing for the protection of the underlying groundwater will be considered for use in
25 a septage treatment or detention system. If required by G.S. 89C, a professional engineer shall certify
26 that the construction was completed in substantial compliance with the plans and specifications prior
27 to any waste being introduced into the system. [Note: The North Carolina Board of Examiners for
28 Engineers and Surveyors, has determined, via letter and resolution dated March 11, 2010, that
29 certification of documents pursuant to this Paragraph constitutes practicing engineering under G.S.
30 89C.]
31 (4) Liners shall be a minimum of 12 inches of clay compacted to a maximum permeability of 10 - 7
32 cm/sec or equivalent synthetic liner.
33 (5) Synthetic liners shall have a minimum thickness of 30 mils. A synthetic liner shall have a
34 demonstrated water vapor transmission rate of not more than 0.03 gm/m2/day. Liner material and
35 any seaming materials shall have chemical and physical resistance not adversely affected by
36 environmental exposure or waste placement.
30 2 of 5

1 (6) Clay liners with a permeability more than 10-' cm/sec may be used in conjunction with a synthetic
2 liner to meet the maximum permeability of 10-' cm/sec or equivalent.
3 (7) The surface of the supporting soil on which the liner will be installed shall be mosey free of
4 stones, organic matter, protrusions, loose soil, and any abrupt changes in grade that could affect the
5 integrity of the liner.
6 (8) Lagoons shall be designed and maintained to have adequate storage to handle the additional water
7 from a 25-year storm.
8 (9) Lagoons shall be protected from entry by unauthorized individuals by fencing or other
9 means.
10 (m) Septage detention and treatment facilities shall adhere to the following minimum setback requirements:
11 (1) Residenee�residence, place of business, except septage firm business, or place of public assembly
12 — 100 feet;
13 (2) Well well or water supply spring — 100 feet;
14 (3) Suf€aee surface waters — 100 feet;
15 (4) Popee rn opertX lines — 50 feet;
16 (5) des facilities permitted after April 1, 2010 the eff etive date f this Rule shall not be located
17 in the 100-year flood plain hazard area. area;
18 (6) SeA soil wetness, as determined in Pa ft� of Rule •n� .0837(a)(3)(A) of this Section — 12
19 inches;
20 (7) Sethaeks setbacks in Subparagraphs (1) and (4) of this Paragraph may be in accordance with local
21 zoning ordinances if located in areas zoned for industrial use u
22 (8) Setbaeks setbacks in Subparagraphs (1) through (4) of this Paragraph shall be increased 100% for
23 lagoons; and
24 (9) mate accurate property line location is shall be the responsibility of the site operator.
25 (n) All seth eks shall be maintain At the time of initial permitting_sgptage detention and treatment facilities shall
26 observe the minimum setback distances specified in this Rule. Minimum setbacks shall be maintained throughout the
27 life of the facility only on land owned, operated, or controlled by the permittee or by the landowner(s) at the time of
28 initial permitting. Any sale, lease, or other conveyance of land by the permittee, or by the landowner(s) if different
29 from the permittee, subsequent to the initial permitting of the facility shall include restrictions to ensure continued
30 maintenance of the setbacks.
31 (o) The setbacks in Subparagraph (m)(1) through (4) of this Rule shall be increased for storage facilities with a
32 capacity in excess of 25,000 gallons permitted after April 1, 2010 the e ff etive deAe of this D„'-e to prevent offsite
33 contamination from major spills, or 100% containment shall be provided. Increased setbacks shall be up4e twice the
34 minimum distance as indicated in Subparagraph (m)(1) through (4) of this Rule. Rule, unless the permittedPefmifteR
35 volume and the proximity to residences, wells or water supply springs, surface waters, and or property lines dictate a
36 reduced setback determined by the Division on a case -by -case basis. will dete nine the Seth ek.
37 (p) Storage containers for individual restaurants shall be:
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1 (1) 1 eeated located above grade and protected from vehicular traffic;
2 (2) Maintain kept free of grease on the exterior surface of the container and the ground surface,
3 maintained to be impervious to flies, and shall not attract vectors; [#lies]
4 eenditien',
5 (3) 1 placed at a location and acceptable to standar-ds and determined by the local health
6 department and the NC Department of Health and Human Services; NC T,; sio of nvir-,.....,ent l
7 Health; and
8 (4) No no greater than 200 gallons in size.
9 (q) Setbacks for detention tanks at marinas may be reduced for storage capacity of 2000 gallons or less when the
10 facility is designed to prevent leaks or spills or has containment equaling 100% of the storage volume plus rainfall
11 from a 25-year storm event. Setbacks shall in no case be less than what is approved by applicable local government,
12 state State, or federal laws or rules.
13 (r) Permit holders of all septage detention and treatment facilities shall have all records required in accordance with
14 this Section available for review during inspections by the Division or upon the Division's request. Septage shall not
15 be stored in a detention .ter treatment f edit y for more ♦1.a six months.
16 (s) Septage shall not be stored or treated at a new septage treatment or detention facility until a representative of the
17 Division has inspected the facility to determine compliance with these Rules and consistency with the permit
18 application and all permit conditions.
19 (t) Septage detention and treatment facility closure shall include:
20 (1) a written notification of cease of operations submitted to the Division that shall include the permit
21 number, the date of cease of operations, and the signature of the operator; " ,.amplete,l eease,l
22 operation form submitted to the „ivis e. ,
23 (2) till all liquids and solids, resulting from septage detention or treatment, removed from all portions
24 of the facility and proper- managed or disposed at an approved facility; and
25 (3) A11 all parts of the facility removed from property under separate ownership, unless all landowners
26 provide the Division with written documentation that the facility may remain at the site.
27 (u) Record keeping for detention facilities that receive septage from more than one septage management firm shall
28 include:
29
(1)
The the date that the septage is received at and removed from the facility;
30
(2)
Name name of the septage management firm that delivered the septage;
31
(3)
Type tie and amount, in gallons, of septage received; and
32
(4)
Wker-e where septage is discharged.
33
(v) Record keeping for treatment facilities shall include:
34
(1)
Date date septage is received at the facility;
35
(2)
Name name of the septage management firm that delivered the septage;
36
(3)
4=ype tyke and amount, in gallons, of septage received;
37
(4)
Date date processed material(s) is removed from the facility;
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1 (5) die type and amount, in tons or gallons, of material removed from the facility; and
2 (6) Managemen management methods for each type of material removed by the facili1y. €ae-tkt-y
3 (w) Alarms shall be required to detect high liquid levels, leaks and spills, or system operation parameters at detention
4 or treatment facilities when the location, design, capacity, or operational complexities of the facility warrant the
5 additional safety precautions.
7 History Note: Authority G.S. 130A-291.1;
8 Eff. April 1, 2010. 2010;
9 Readopted Eff. [�Februag 1. 2019.
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I 15A NCAC 13B .0842 is readopted as published in 33:04 NCR 404 as follows:
2
3 15A NCAC 13B .0842 INNOVATIVE OR ALTERNATIVE TREATMENT OR STORAGE METHODS
4 (a) Applications for permits for innovative or alternative treatmen treatment, storage, or land application methods
5 that do not fit the criteria outlined in this seefien will Section shall be reviewed in accordance with N.G.G.S. G.S.
6 130A-291.1(i).
7 (b) Applications shall include: .
8 ,
9
10
11 (1) The the information required in Rule .0836(c) of this Section;
12 (2) An an operation and maintenance manual consistent with the requirements of Rule .0836(e)(4) of
13 this Section; Rules 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) Testing 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.]
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) l equal or better treatment of the waste;
24 (2) €-q" equal or better protection of the waters of the state; and
25 (3) No no increased potential for nuisance conditions from noise, odor odor, or vermin.
26
27 History Note: Authority G.S. 130A-291.1;
28 Eff. April 1, 2010- 2010;
29 Readopted Eff. January 1, 2019.
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15A NCAC 13B .0843 is readopted with changes as published in 33:04 NCR 404 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, the site shall meet
the site restriction requirements set forth in 40 CFR 503.32(c)(1). to the site ..esti4 tiers i 40 GF [cn�l 50
of Subpart D shall be re"ked-.
(b) Nursery and horticultural products, trees and other forest products, ine',,. ing but not limited t such as pine straw
and pine bark, shall not be harvested or gathered for 30 days after septage application.
(c) Public access is to be controlled in accordance with 40 CFR 503.32(c)(1). [?1
D-.
(d) The permit holder or operator of the site shall submit a written notification to eeti€y the Division at least 30 days
prior to final closure of a septage land application site in order to schedule a site inspection for determination of
compliance with this Section. The notification shall include the permit number, the date of cease of operations, and
the signature of the operator.
(e) Prior to final closure, the soil pH of the site shall be raised to 6.5, unless the fertility requirements for crops to be
grown in the following year dictate less.
History Note: Authority G.S. 130A-291.1;
Eff October 1, 2009. 2009;
Readopteda. [JanuaWFebruary 1. 2019.
34 1 of 1

l 15A NCAC 13B .0844 is readopted with changes as published in 33:04 NCR 404 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 All septage shall be
5 tfanspoited in a safe, sanitanmanner- that prevents leaks and spills of septage and shall comply with the following:
6 (1) A41 all tanks shall be constructed of metal and ^^anent y attae e affixed to the truck bed with
7 permanent fixtures such as bolts; bed, unless oth ^ ^d by the r iyisi
8 (2) A41 all valves shall be in pr-epeworking order and be complete! closed during transportation;
9 (3) A41 all access ports shall have preper- fitting lids in good repair in accordance with manufacturer
10 specifications and be completely elese sealed during transportation;
11 (4) Pei4able 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 engfneered 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 en ig neer
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 (t name`, town name, phone
21 number, and septage management firm permit n*mben number as shown on the firm application. All decals 0 lettering
22 required by this Rule on the pumper vehicle shall be no less than three inches in height and plainly [eleamay legible]
23 legible, distinguishable from the background, and visible. not obstructed from view. Identification shall not be
24 removable (i.e. no magneticgns). be permanently attaehed (i.e., no removable signs).
25 (c) Applicants for septage management firm permits whiek 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 Section seetiex 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 pai4s e this
34 Rule.
35
36 History Note: Authority G.S. 130A-291.1;
37 Eff. October 1, 2009. 2009;
1 of 2 35

Readopted Eff. [3area�y4February 1. 2019.
36 2 of 2

I 15A NCAC 13B .0845 is repealed through readoption as published in 33:04 NCR 404 as follows:
3 15A NCAC 13B .0845 REVOCATION OF PERMITS
5 History Note: Authority G.S. 130A-291.1;
6 Eff. October 1, 2009. 2009;
7 Repealed Ef'. January 1, 2019.
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I 15A NCAC 13B .0846 is readopted as published in 33:04 NCR 404 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], 2909.2009;
8 Readopted F f. January 1, 2019.
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