New Firm Laws, Rules & Misc revised 20220106

Department of Environmental Quality
Septage Management Firm Operator Training
2
Topics
•Laws & Rules
•Permitting Process
•Violations
•Inspections
Department of Environmental Quality
Steps to obtain a Firm Permit
•Required forms & fee to be submitted to the Raleigh Central Office.
•Attend the New Firm Operator Class.
•Pass a vehicle inspection performed by Solid Waste Section staff.
•All steps completed = Firm Permit
3
G.S. 130A-290(33)
Septage Management Firm
means a person engaged in the business of pumping, transporting, storing, treating or disposing septage. The term does not include public or community wastewater systems that treat or dispose septage.
4
G.S. 130A-291.1(a)
Septage Management Program
The Department shall establish and administer a septage management program in accordance with the provisions of this section.
5
G.S. 130A-291.1(b)
For the protection of public health, the Commission shall adopt rules governing the management of septage.
The rules shall include, but are not limited to, criteria for the sanitary management of septage.
6
G.S. 130A-291.1(b) continued
Including standards for the transportation, storage, treatment, and disposal of septage;operator registration and training, the issuance, suspension, and revocation of permits, andprocedures for the payment of annual fees.
7
Dept. of Environmental Quality
•Division of Waste Management
•Solid Waste Section
•Environmental Compliance Branch
(Septage)
Department of Environmental Quality
Septage Website
http://deq.nc.gov/about/divisions/waste-management/waste-management-rules/septage
9
Branch Staff
•Branch Head –Adam Ulishney
•Enviro. Program Consultants
Chester Cobb & Connie Wylie
•Enviro. Specialists II
Troy Harrison, John Farnell & Jeff Bullard
10
Responsibilities
•The staff member for each region handles inspections (sites & trucks) and complaints.
•Site permits -Chester/East
-Connie/West
•Firm permits -Chester & Jeff
11
12
Phone Numbers
Chester Cobb [phone]
Jeffrey Bullard [phone]
John Farnell [phone]
Troy Harrison [phone]
first name.last [e-mail]
13
15A NCAC 13B .0832(g) Inspection and Entry
The permit holder shall allow staff to
•Enter where the facility or activity is located
•Access & copy any required records
•Inspect the facility, equipment, practices
•Sample or monitor to assure compliance
•Take photographs for documentation
14
G.S. 130A-291.1(h)
The Department shall inspect each septage land application site at least twice a year and shall inspect the site records at least annually.
And shall inspect each pump truck used for septage management at least once every two years.
15
Inspections
•Inspections may be unannounced.
•Will schedule an inspection to review logs & to meet with the operator.
•You may call to schedule an inspection to discuss violations, concerns, questions.
16
G.S. 130A-291.1(e5)
The Department shall provide technical and regulatory assistance to permit applicants and permit holders.
Assistance may include, but is not limited to, taking soil samples on proposed and permitted septage land application sites and providing required training to permit applicants and permit holders.
17
Types of Septage Permits
Septage Management Firm
(NCS)
Septage Land Application Site
(SLAS)
Septage Detention or Treatment Facility (SDTF)
18
Septage Permits Statewide
19
•Firms –583
•SLAS –113
•SDTF -187
Department of Environmental Quality
Local Government Requirements
•Other permits/certification may be required by the county or town where you wish to operate.
•Wastewater treatment plants may have their own program for local pumpers.
•Septage sites shall be in accordance with local ordinances (zoning).
20
Waste Types
•Our office regulates/permits “Septage”.
•Not sewage, sludge, animal waste etc.
•Other waste types are regulated thru other agencies.
•Only “septage” can go into your storage tank or onto your land application site permitted by this office.
21
G.S. 130A-290(32)
Definition
“Septage” means solid waste that is a fluid mixture of untreated and partially treated sewage solids, liquids, and sludge of human or domestic origin which is removed from a wastewater system.
22
G.S. 130A-290(a)(1c)
Definition
“Chemical or portable toilet” means a self contained mobile toilet facility and holding tank and includes toilet facilities in recreational vehicles.
23
15A NCAC 13B .0832(b)(3)
Portable Toilets
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.
24
15A NCAC 13B .0832(b)(2)
Portable Toilets
No person shall rent or lease portable toilets or contract or subcontract to rent or lease portable toilets to another person or manage or dispose of waste from portable toilets, regardless of ownership of the toilets, unless that person is permitted to operate a septage management firm.
25
15A NCAC 13B .0832(b)(1)
Holding Tanks
A mobile or modular office that meets the criteria of G.S. 130A-291.2 shall be considered a chemical or portable toilet as defined in G.S. 130A-290(a)(1c).
26
G.S. 130A-291.2
Criteria for Mobile/Modular Office
•Office trailer waste tank
•At a construction site or temporary event
•Wastewater from only a commode & sink
•Shall be emptied by only a permitted firm
•Office trailer waste = septage
27
15A NCAC 13B .0832(b)(1)
continued
A storage tank at a mobile or modular office shall not release septage onto the ground. The owner and lessee of the mobile or modular office shall be considered to be the responsible parties.
28
15A NCAC 13B .0832(c)(2)
Recreational Vehicles
For RV waste to be considered as portable toilet waste campers may not be tied down, blocked up or not relocated on a regular basis.
(No permanent residences)
29
G.S. 130A-290(32a)
Definition
“Domestic septage”, which is either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marina sanitation device or similar treatment works receiving only domestic septage.
30
15A NCAC .0832(f)
Other Types
Waste from holding tanks not otherwise addressed in this Section, and from wastewater systems pumped more often than every 30 days, shall not be considered domestic septage and shall not be land applied at a permitted septage land application site.
31
15A NCAC 13B .0832(a)(2)
Spent Media Disposal
A Firm Permit requirement applies to persons who remove septage, and other waste materials or spent media from wastewater systems permitted by DHHS.
(Contaminated filtering material)
32
G.S. 130A-290(32d)
Definition
“Industrial or commercial septage” which is material pumped from septic tanks or other devices used in the collection, pretreatment, or treatment of any water-carried waste resulting from any process of industry, manufacture, trade, or business where the design disposal of the wastewater is subsurface.
33
G.S. 130A-290(32c)
Definition
“Grease Septage”, which is material pumped from 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.
34
Required Permits
•Firm permit is required for anyone who cleans these units, regardless of the amount -including restaurant staff.
•SDTF permit is required for any container storing grease septage.
•Grease septage is NOT
fryer grease/cooking oil.
35
15A NCAC 13B .0832(d)(3)
Septage, or any part of septage, shall not be placed in containers at restaurants designated for yellow grease.
Paint Filter Test per 15A NCAC 13B .0832(d)(4&5) for dumpster disposal.
(For small amounts from restaurants)
36
G.S. 130A-291.1(d)
Septage Disposal
Septage shall be treated and disposed of only at a wastewater system that has been approved by the Department under rules adopted by the Commission or …….
37
G.S. 130A-291.1(d)
continued
… or at a site that is permitted by the Department under this section. A permit shall be issued only if the site satisfies all of the requirements of the rules adopted by the Commission.
38
G.S. 130A-291.1(g)
Land Application Sites
Production of a crop in accordance with an approved nutrient management plan on land that is permitted as a septage land application site is a bona fide farm purpose under G.S. 153A-340. (It is agriculture/may help with zoning)
39
G.S. 130A-291.1(i)
New Technology
The Department shall approve innovative or alternative septage treatment or storage methods that are demonstrated to protect the public health and the environment.
40
G.S. 130A-291.1(f)
Wastewater Treatment Plants
All wastewater systems designed to discharge effluent to the surface waters may accept, treat, and dispose of septage from permitted septage management firms, unless acceptance of the septage would constitute a violation of the permit conditions of the wastewater system.
41
G.S. 130A-291.1(f)
continued
The wastewater system may charge a reasonable fee for acceptance, treatment, and disposal of septage based on a fee schedule that takes into account septage composition and quantity and that is consistent with other charges for use of that system.
42
15A NCAC 13B .0832(d)(1)
Grease septage, or any part of grease septage, shall not be introduced or reintroduced into a grease trap, interceptor, separator, or other appurtenance unless the Division has received written approval from the wastewater treatment plant operator or wastewater system permitting authority that reintroduction is acceptable.
43
15A NCAC 13B .0832(d)(2)
Reintroduction continued
Septage, or any part of septage, shall not be reintroduced into an onsite wastewater system unless approved pursuant to G.S. 130A-343(c).
(Do NOT discharge back into a septic tank)
44
Bottom Line
•Do not pump something unless you know what it is and already have an approved discharge location.
•Once it is on your truck it is your responsibility. It is YOUR waste.
•You could end up with something that you can not dispose of easily or is hazardous.
45
G.S. 130A-291.1(e)
Septage Firm Permit Fee
A septage management firm that operates one pumper truck shall pay an annual fee of $550 to the Department. A septage management firm that operates two or more pumper trucks shall pay an annual fee of $800 to the Department.
46
Septage Firm Fees
•.0833(b) Annual fees are not pro-rated and shall not be refunded or credited.
•The fee applies to any vehicle with a tank that goes on the road (to pump, haul, discharge septage) –including backup vehicles.
•To add a second truck later in the year you pay $250 at that time.
47
G.S. 130A-291.1(e1)
Other Septage Permit Fees
An individual who operates a septage treatment or disposal facility but who does not engage in the business of pumping, transporting, or disposing of septage shall pay an annual fee of $200. (Non-pumper application form & fee due annually for a SDTF or SLAS permit)
48
Septage Permit Fees
A permitted septage management firm has an annual fee of $550 or $800 and does not owe any additional fee for a septage land application site (SLAS) permit or a septage detention or treatment facility (SDTF) permit.
49
G.S. 130A-291.1(e3)
The Septage Management Account is established as a nonreverting account within the Department. Fees collected under this section shall be placed in the Septage Management Account and shall be applied only to the costs of the septage management program.
50
G.S. 130A-291.1(c)
Firm Permit Requirement
No septage management firm shall commence or continue operation that does not have a permit issued by the Department.
The permit shall be issued only when the firm satisfies all of the requirements of the rules adopted by the Commission.
51
G.S. 130A-291.1(c)
continued
A septage management firm that commences operation without first having obtained a permit shall cease to operate until the firm obtains a permit under this section and shall pay an initial annual fee equal to twice the amount of the annual fee that would otherwise be applicable.
52
Illegal Pumping
•A Septage Management Firm permit can not be issued until all the required steps have been performed.
•A signed permit = a valid permit
•Illegal pumping means a double fee or an administrative penalty.
53
G.S. 130A-291.1(e2)
Firm Permit Renewal
The Department shall mail a notice of the annual fees to each permitted septage management firm and each individual who operates a facility prior to October 1 of each calendar year.
54
G.S. 130A-291.1(e2)
Permit Renewal continued
A properly completed application for a permit and the annual fee under this section are due by December 15 of each year.
(Every Firm Permit expires December 31st of each year)
55
G.S. 130A-291.1(e2)
Missing the Deadline
A late fee in the amount equal to 50% of the annual permit fee under this section shall be submitted when a properly completed application and annual fee are not submitted by January 1 following the October 1 notice.
56
Late Fee
•Late Fee = half the regular fee
•Any electronic renewal submitted or any envelope postmarked after January 1st shall pay the late fee.
•A complete submittal is a firm application, the appropriate fee and disposal authorizations.
•Forms shall be properly completed.
57
G.S. 130A-291.1(e4)
Permits for new septage management firm operators and permits for septage management firm operators that have not operated a septage management firm in the 24 months immediately proceeding the submittal of an application shall be considered probationary for 12 months.
58
G.S. 130A-291.1(e4)
Probationary continued
The Department may revoke any probationary permit of a firm or any individual that violates any provision of this section or any rule adopted under these sections.
59
G.S. 130A-291.1(e4)
Probationary continued
If the Department revokes a probationary permit issued to a firm or individual, the Department shall not issue another permit to that firm or individual, and the firm or individual may not engage in any septage management activity for a period of 12 months.
60
G.S. 130A-295.3
G.S. 130A-309.06(b)
The Department may deny a permit application or refuse to issue a permit when there is a history of repeated violations of statutes, rules, orders or permit terms or conditions. (Firm, SDTF or SLAS)
61
G.S. 130A-22(a)
Penalties
An administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Statutes or Regulations.
(max per day/per violation)
62
Penalty Amounts
•A septage violation is serious due to the threat to public health & the environment.
•Specifics regarding the type of violation (willfulness, multiple illegal pump jobs)
•The past compliance history is taken into consideration.
•Consistency is a goal.
•Money from penalties goes to the school systems.
63
Various Penalties
•Pumping without a valid firm permit.
•Discharging on an unpermitted site.
•Use of an unpermitted storage tank.
•Repeat or continuing violations.
•Incomplete or falsification of records.
64
G.S. 130A-291.3(a)
Training Requirements
Each septage management firm operator shall attend an approved training course of no less than four hours of instruction per year. New firm operators and those who have not operated a firm in the 24 months preceding the submittal of an application shall complete the training before commencing operation.
65
Training Classes
•Training requirements shall be met before permits (Firm or SLAS) are issued and before commencing operation.
•This class today is good for one year in regards to obtaining your first firm permit. If there is a longer delay then this class will have to be repeated.
•Continuing education hours are required annually for the firm permit renewal that occurs each winter.
66
Annual Operator Training
•Each Firm operator shall attend 4 hours of training each year.
•Each SLAS operator shall attend 3 hours of training each year.
•If you have both permits then it is a total of 7 hours each year.
•Each year you obtain the required training hours so that the permit may be renewed for the coming year.
67
Annual Training Class Schedule
•Registration process & fee (handled thru the association)
•NC Septic Tank Association
•NC Pumper Group & NC Portable Toilet Group
•No other classes qualify for the training hours without prior approval from the Division.
68
Class Attendance
•Training required of company owner, officer or other individual responsible for day to day operations of the business.
•If the trainee leaves the firm, the operator has 90 days (or the next class) for retraining.
•Training requirements shall be met by December 31st of each year.
69
LUNCH TIME!
ANY
QUESTIONS?
Department of Environmental Quality
71
Department of Environmental Quality