15A_NCAC_13B_0832_HearingOfficersReport

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HEARING OFFICER'S REPORT OF PROCEEDINGS OF
PUBLIC HEARING AND COMMENT PERIOD
Amendment to 15A NCAC 13B .0832
"General Provisions" for Septage Management
Environmental Management Commission
March 10, 2022 Meeting

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Basic Information
Commission: Environmental Management Commission
Groundwater and Waste Management Committee
Agency Department of Environmental Quality, Division of Waste Management,
Solid Waste Section
Title "General Provisions" for Septage Management
Citations 15A NCAC 13B .0832
Description of the It is the responsibility of the Division of Waste Management Solid Waste
Proposed Rules Section to regulate how solid waste is managed within the state under the
statutory authority of the Solid Waste Management Act, Article 9 of Chapter
130A of the General Statutes. State rules governing solid waste
management are found in Title 15A, Subchapter 13B of the North Carolina
Administrative Code. Rule .0832 establishes general requirements for
septage management and septage permits.
Agency Contacts Jessica Montie
Solid Waste Rulemaking Contact
Jessica. [e-mail]
[phone]
Authority G.S. 130A-294; G.S. 15013-21.3A
Statement of Necessity This amendment was required by Session Law 2021-83 (S474) Section 3.
Hearing Officer Perry Sugg, P.G.
Hydrogeologist
Solid Waste Section
Comment Period December 15, 2021 to February 14, 2022
Public Hearing January 20, 2022
Comment Summary One verbal comment was received at the January 20, 2022, public hearing
in support of the amendment. A written version of the same comment was
also received. No other comments were received during the comment
period.
Appendices APPENDIX 1
APPENDIX 2
APPENDIX 3
APPENDIX 4
APPENDIX 5
Agency Head Certification
Hearing Officer Appointment Memo
Notice of Text in the NC Register
Written Comment Received
Hearing Transcript

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Rule Summary and Background
It is the responsibility of the Division of Waste Management (Division) Solid Waste Section
(Section) to regulate how solid waste is managed within the state under the statutory authority of
the Solid Waste Management Act, Article 9 of Chapter 130A of the General Statutes. State rules
governing solid waste management are found in Title 15A, Subchapter 13B of the North Carolina
Administrative Code. Rule .0832 "General Provisions" for septage management establishes
general requirements for septage management and permitting.
Rule .0832 "General Provisions" was required to be amended by S.L. 2021-83 (S474) Section 3
to extend the maximum permit length for subsequent permits (those issued after the initial permit)
for septage land application site (SLAS) and septage detention and treatment facilities (SDTF)
from five years to ten years. The Session Law also implemented this change to permit length
directly, effective for any permits issued after July 1, 2021. The Session Law was effective on
July 8, 2021, and the implementation portion of the Session Law remains effective until this rule
amendment is adopted.
A regulatory impact analysis was prepared for the amendment to Rule .0832. The North Carolina
Office of State Budget and Management (OSBM) determined that no fiscal note was required
because there are no impacts resulting from this amendment. Any impacts are a result of the
session law implementation and not the rule amendment. OSBM approved the regulatory impact
analysis on July 26, 2021.
Public Comment and Hearing
The proposed rules and the regulatory impact analysis were approved by the Environmental
Management Commission (EMC) to proceed to public comment and hearing at the November 18,
2021, EMC meeting. The Agency Head Certification is included in Appendix 1. Perry Sugg, staff
hydrogeologist with the Division of Waste Management's (DWM) Solid Waste Section, was
subsequently designated as the hearing officer. The Hearing Officer Appointment Memo is
included in Appendix 2.
The proposed rules were published in the NC Register, and the proposed rules and regulatory
impact analysis were published on the Department of Environmental Quality's (DEQ) proposed
rules website throughout the public comment period from December 15, 2021 through February
14, 2022:
https://deg.nc.gov/permits-rules/rules-regulations/deg-proposed-rules/proposed-rules#15a-ncac-
13b-0832-general-provisions-for-septage-management
The Notice of Text included in Appendix 3 was published in the NC Register Volume 36 Issue 12,
page 1047:
https://files.nc.gov/ncoah/documents/files/Volume-36-Issue-12-December-15-2021.pdf
The Division also sent a link to the published notice, rule text, and regulatory impact analysis for
public comment to interested parties including industry stakeholders, environmental groups,
septage and solid waste management organizations, licensing boards, the League of
Municipalities, and the Association of County Commissioners via e-mail on December 13, 2021.

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Public Hearin
The Division held a virtual public hearing via WebEx Events on January 20, 2022, for this rule
amendment at the link provided in the public notice. Perry Sugg served as the hearing officer for
the hearing. The public notice also provided a link for attendees to register to speak at the hearing.
The only attendee of the public hearing, other than Department staff, was Dr. A. Robert Rubin,
Professor Emeritus with North Carolina State University. Dr. Rubin is also a prior distinguished
member of the Environmental Management Commission and prior Chairman of the EMC's Water
Quality Committee.
One comment was provided at the hearing by Dr. Rubin. Dr. Rubin also submitted the same
comment in writing via email. A copy of Dr. Rubin's written comment is provided in Appendix 4.
The hearing transcript is provided in Appendix 5.
Written Comment provided by Dr. Rubin via e-mail on January 17, 2022:
"Good morning all - 1 am in favor of the proposed rule change in section .0832 to extend the
operating permit to 10 years. 1 believe soil testing, waste analysis, etc. can be accomplished by
operators and consultants and if there are issues that arise, permits can be reviewed as
necessary. 1 have registered for the hearing. Thanks to you all for all that you do for us."
Comment provided by Dr. Rubin at the public hearing on January 20, 2022:
"Good afternoon. My name is Dr. Albert Robert Rubin. 1 am an emeritus professor at North
Carolina State University, in the Biological and Agricultural Engineering Department. 1 have been
involved in water and waste management issues in North Carolina for about 40 years. 1 started
my career at North Carolina State in 1975; and have been involved in land -based treatment and
beneficial use for quite a while.
1 do want to speak in favor of the provision to change the land application and the septage
detention and treatment facility permit period for permits other than the initial permit to 10 years.
1 think that there are significant beneficial environmental impacts that are associated with that. 1
am supportive of this because the testing will continue every 2 years, and the inspections can
occur as required.
1 do have one comment and that is that Mecklenburg County does have some specific provisions
for pumpers, and 1 do hope that someone informed Mecklenburg County of this rule change.
There may be people that do work in the county that may not be aware of this permit change and
1 do think it's important that they are informed. But 1 am strongly supportive of this amendment. 1
think that the folks in the septage management branch do a wonderful job. 1 have been involved,
as 1 said, with these rules for a number of years and 1 think that every change is beneficial. That
concludes my comment."
Department Response:
The Department appreciates the comments and the support of the amendment provided by Dr.
Rubin. The Department confirmed that notice of the rule amendment and comment period was
sent via email on December 13, 2021, to Joe Hack with Mecklenburg County Solid Waste, and
also to David Coleman, the Mecklenburg County enforcement staff that enforces some of the
requirements in 15A NCAC 13B Section .0800 on behalf of the Department through a
memorandum of agreement.

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Summary
One comment in support of the amendment was received both at the hearing and in writing from
Dr. A. Robert Rubin during the public comment period on the amendment to 15A NCAC 13B Rule
.0832. The Division is not proposing any changes to the rule text after the comment period.
Hearing Officer's Recommendation
The Hearing Officer recommends that the Environmental Management Commission approve the
regulatory impact analysis and adopt the amendment to 15A NCAC 13B Rule .0832 "General
Provisions" for septage management as published in the NC Register, and presented at the March
10, 2022, EMC meeting as Attachment A.

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APPENDIX 1
Agency Head Certification

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CERTIFICATION OF THE AGENCY HEAD
REGARDING COMPLETION OF A FISCAL NOTE AND RULE ANALYSIS
IN RE: 15A NCAC 13B .0832 "General Provisions"
FINDINGS
The Chair of the North Carolina Environmental Management Commission ("the
Commission") is appointed by the Governor to guide and coordinate the activities of the
Commission in fulfilling its duties. G.S. § 143B-284.
The Commission has the power and duty to promulgate rules to be followed in the
protection, preservation, and enhancement of the water and air resources of the State.
G.S. § 143B-.282(a).
The undersigned Chair of the North Carolina Environmental Management Commission
hereby certifies that the attached rules comply with the rulemaking principles set out in
Executive Order No. 70 as amended by Executive Order 48 (2014). The Chair
specifically certifies the following:
The attached rules are necessary because the rules are
required by federal law, citation:
X required by state law, citation: S.L. 2021-83
X deemed necessary by the agency to serve the public interest
2. These rules were based on sound, reasonably available scientific, technical,
economic, and other relevant information that can be found in the rulemaking record.
The rulemaking record can be found in the minutes of the Commission and in
supporting documents. Those documents can be found on the Division of Waste
Resource's webpage at http://deq.nc.gov/about/divisions/water-resources/water-
resources-commissions/environmental-management-commission or may be requested
from the Clerk of the North Carolina Environmental Management Commission at
[e-mail].
3. The fiscal impacts of the rules have been analyzed and appropriate action taken as
follows:
X The Commission determined that no fiscal note was required under G.S. §
150B-21.4; or
A fiscal note has been prepared and approved by [or submitted to] the
Office of State Budget and Management in accordance with G.S. § 15013-21.4. A copy
of the fiscal note can be found in the rulemaking record at the locations described in (2)
above.
4. The rules meet all other requirements of Executive Order No. 70.

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Based upon the foregoing Findings, and pursuant to the requirements of the North
Carolina Administrative Procedures Act and Executive Order No. 70, the undersigned
makes the following:
CERTIFICATION
The following proposed rule, 15A NCAC 13B .0832, entitled "General
Provisions", is in compliance with Executive Order No. 70.
This, the 30th day of November, 2021 at Raleigh, North Carolina.
w6b,500
Chair
North Carolina Environmental Management Commission

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APPENDIX 2
Hearing Officer Appointment Memo

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ENVIRONMENTAL MANAGEMENT COMMISSION
_
Robin Smith
Chairman
Dr. Suzanne Lazorick
NORTH CAROLINA
Vice-ChairpcaMvt
DEPARTMENT OF ENVIRONMENTAL QUALITY
Roy Cooper, Governor David W. Anderson
Christopher Duggan
Elizabeth S. Biser, Secretary Shannon M. Arata
Patrick K. Harris
Yvonne C. Bailey
Steve Keen
Charles Carter
John McAdams
Donna L. Davis
Margaret C. Monast
Marion Deerhake
Jennifer Kelvington
To: Perry Sugg, NCDEQ Div. of Waste Management, Solid Waste
Section
From: Robin Smith, Chairmaw+5
Subject: Hearing Officer Appointment
A virtual public hearing has been scheduled for January 20, 2022 at 4:30 PM via WebEx.
The purpose of this hearing is to receive comments on an amendment to septage management rule
15A NCAC 13B .0832 "General Provisions" to extend the permit length of subsequent permit for
septage land application sites and septage detention and treatment facilities from five years to ten
years as required by S.L. 2021-83.
I am hereby appointing you to serve as hearing officer for these hearings. Please receive all
relevant public comment and report your findings and recommendations to the Environmental
Management Commission. Ms. Jessica Montie with the NCDEQ Division of Waste Management
will provide staff support for you.
If you have any questions, please feel free to contact Jessica Montie at 919-707-8247, or me.
cc: Lois Thomas
Jessica Montie
Hearing Record File
State of North Carolina I Environmental Quality
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9023
An Equal Opportunity Affirmative Action Employer

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APPENDIX 3
Notice of Text in the NC Register

TITLE 15A — DEPARTMENT OF ENVIRONMENTAL QUALITY
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Notice is hereby given in accordance with G.S. 150E-21.2 that the Environmental Management Commission intends to amend the rule
cited as 15A NCAC 13B .0832.
Link to agency website pursuant to G.S. 150B-19.1(c): https:Ildey.nc.zoL/permits-regulations/rules-regulationslproposed-
main/proposed-rules
Proposed Effective Date: Pending Legislative Review
Public Hearing:
Date: January 20, 2022
Time: 4: 30 p. m.
Location: A virtual public hearing will be held by webinar as follows:
WebEx Event Meeting Link.-
https:Ilncdenrits. webex. com/ncdenriLIjj_php?MTID=m8d8e]3dh4cO7e] 775d3a3O94a7a544fa
Event number: 2437 299 9427
Event password: 1234
To join by phone: Call [phone] US TOLL, enter access code
If you wish to attend the hearing, you must register before 5: 00 p. m. on Wednesday, January 19, 2022.
The registration form can be found at the following link: https: // orms. office. com/g1W9qlwxabE
Reason for Proposed Action: The proposed amendment changes the permit length for subsequent septage land application sites and
septage detention and treatment facility permits from five years to ten years. This amendment was required by S.L. 2021-83, s. 3. The
Session Law also implemented the change to the permit length directly, beginning July 1, 2021.
Comments maybe submitted to: Adam Ulishney, 1646M.S.C., Raleigh, NC 27699-1646; email dwm.publiccomments(a-ncdenrgov
Comment period ends: February 14, 2022
Rule is automatically subject to legislative review: S.L. 2021-83, s. 3.(d)
Fiscal impact. Does any rule or combination of rules in this notice create an economic impact? Check all that apply.
❑ State funds affected
❑ Local funds affected
❑ Substantial economic impact (>= $1,000,000)
® Approved by OSBM
® No fiscal note required
15A NCAC 13B .0832 GENERAL PROVISIONS
(a) General permitting requirements.
(1) No person shall manage septage, or any part of septage, or operate a Septage Management Firm without first obtaining
a permit from the Division as required under G.S. 13 OA-29 1. 1 (c);
(2) The permit requirement of G.S. 13OA-291.1(c) applies to persons who remove septage, and other waste materials or
spent media from wastewater systems permitted by the Department of Health and Human Services, under the authority
of Article 11, Chapter 130A of the North Carolina General Statutes;
(3) The permit requirement of G.S. 130A-291.l(c) applies to persons who manage septage generated from properties that
they own, lease, or manage as part of a business, such as mobile homes, mobile home parks, restaurants, and other
residential and commercial property;
(4) The Division may deny a permit application in accordance with G.S. 130A-295.3(c);
(5) The Division may require an applicant to demonstrate substantial compliance in accordance with G.S. 130A-
294(b2)(2);
(6) Permits issued in accordance with this Section shall be followed;
(7) Where specified in this Section, permit applications or specific portions of applications shall be prepared in accordance
with Rule .0202(a)(3) of this Subchapter; and
(8) Initial septage land application site and detention and treatment facility permits shall be valid for one year. Subsequent
permits shall be valid for fwe 10 years. The Division may issue a subsequent permit for less than sae 10 years based
on any of the following factors:
(A) the duration of the landowner authorization or wastewater treatment plant authorization;
(B) the compliance history of the operator;
(C) if any of the information for the permit application was received after the due date; or
(D) to allow the due date for a subsequent permit application to be the same date as the septage firm permit
application due date.
(b) Portable sanitation permitting provisions.

(1) A mobile or modular office that meets the criteria of G.S. 130A-291.2 shall be considered a chemical or portable toilet
as defined in G.S. 130A-290(a)(1c). A storage tank at a mobile or modular office shall not release sepragg onto the
ground. The owner and the lessee of the mobile or modular office shall be considered to be the responsible parties and
shall be subject to the requirements of Paragraph (a) of this Rule.
(2) No person shall rent or lease portable toilet(s) or contract or subcontract to rent or lease portable toilet(s) to another
person or manage or dispose of waste from portable toilet(s), regardless of ownership of the toilet(s), unless that person
is permitted to operate a septage management firm.
(3) Placement of a chemical or portable toilet as defined in G. S. 130A-290(a)(I c) for potential use in North Carolina shall
be considered operation of a septage management firm that requires a permit.
(c) Recreational vehicle waste provisions.
(1) Domestic septage from a recreational vehicle shall be managed in accordance with this Section or shall flow directly
into a wastewater treatment system permitted by the Department of Environmental Quality.
(2) Wastewater from recreational vehicles that are tied down, blocked up, or that are not relocated, and that are not
connected to an approved wastewater system shall be managed in accordance with Article 11, Chapter 130A of the
NC General Statutes.
(3) Recreational vehicle dump stations that do not discharge directly to a wastewater treatment system permitted by the
Department of Environmental Quality shall be permitted as a septage detention and treatment facility in accordance
with Rule .0837 of this Section.
(d) Alternate septage management method limitations.
(1) Grease septage, or any part of grease septage, shall not be introduced or reintroduced into a grease trap, interceptor,
separator, or other appurtenance used for the purpose of removing cooking oils, fats, grease, and food debris from the
waste flow generated from food handling, preparation, and cleanup unless the Division has received written approval
from the wastewater treatment plant operator or the onsite wastewater system permitting authority that reintroduction
is acceptable.
(2) Septage, or any part of septage, shall not be reintroduced into an onsite wastewater system unless approved pursuant
to G.S. 130A-343(c).
(3) Septage, or any part of septage, shall not be placed in containers at restaurants designated for yellow grease.
(4) Septage, or any part of septage, shall not be disposed of in a municipal solid waste landfill unless the waste passes the
Paint Filter Liquids Test as defined by EPA S.W. 846 Test Method 9095B which can be accessed at no cost at
https://www.epa.gov/hw-sw846, and the landfill receiving the waste has provided the Division written documentation
that the specific material will be accepted.
(5) Septage, or any part of septage, shall not be disposed of in a dumpster unless the waste passes the Paint Filter Liquids
Test and the landfill receiving the waste is a permitted municipal solid waste landfill, in accordance with Section .1600
of this Subchapter.
(6) Septage, or any part of septage, managed through subsurface disposal shall be considered a treatment facility and shall
require a permit in accordance with this Section and G.S. 130A-343.
(7) Facilities receiving septage, or any part of septage, for composting shall be permitted in accordance with Section .1400
of this Subchapter.
(e) All training to meet the requirements of G.S. 130A-291.3(a) and (b) shall be pre -approved by the Division. Approval by the Division
shall be based on whether the training is in accordance with the rules in this Section.
(f) Waste from holding tanks not otherwise addressed in this Section, and from wastewater systems pumped more often than every 30
days, shall not be considered domestic septage and shall not be land applied at a permitted septage land application site.
(g) Inspection and entry. The permit holder of a septage management firm or facility shall allow a representative of the Division to:
(1) enter the permit holder's premises where a regulated facility or activity is located or conducted;
(2) access and copy any records required in accordance with this Section or conditions of the permit;
(3) inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated by
the Division;
(4) sample or monitor for the purposes of assuring permit compliance or as otherwise authorized by the Federal Clean
Water Act or the North Carolina Solid Waste Management Act, any substances, parameters, or soils at any location;
and
(5) photograph for the purpose of documenting times of compliance or noncompliance at septage management facilities
or to require the permit holder to make such photos for the Division.
(h) Washings from the interior of septage handling containers such as pump trucks shall be managed as septage.
History Note: Authority G.S. 130A-291.1; 130A-291.2; 130A-295.3(c); 130A-335;
Eff. October 1, 2009;
Amended Eff. January 1, 2014;
Readopted Eff' February 1, 2019. 2019;
Amended E('. Pending Legislative Review.

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APPENDIX 4
Written Comment Received

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Montle, Jessica
From: Montie, Jessica
Sent: January 18, 2022 9:59 AM
To: SVC_dwm.publiccomments
Subject: FW: [External] rule change
From: Albert Rubin <[e-mail]>
Sent: January 17, 2022 9:07 AM
To: Montie, Jessica <[e-mail]>; Ulishney, Adam <[e-mail]>; Stanley, Sherri
<[e-mail]>; Scott, Michael <[e-mail]>
Subject: [External] rule change
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good morning all - I am in favor of the proposed rule change in section 0832 to extend the operating permit to 10 years.
I believe soil testing, waste analysis, etc can be accomplished by operators and consultants and if there are issues that
arise, permits can be reviewed as necessary.
I have registered for the hearing. Thanks to you all for all that you do for us.
Be well. Do good. Stay safe.
Albert Robert (Bob) Rubin, Emeritus Professor
Biological and Agricultural Engineering
North Carolina State University

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APPENDIX 5
Hearing Transcript

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Hearing Transcript
January 20, 2022, 4:30 p.m.
15A NCAC 13B Rule .0832
Good evening, my name is Perry Sugg and I am with the NCDEQ Division of Waste Management Solid
Waste Section. My role as hearing officer is to receive comments on the proposed amendment and the
regulatory impact analysis; and report those comments and recommend action to the Environmental
Management Commission.
During this virtual public hearing tonight, we will be receiving oral comments from those individuals who
requested to speak when they pre -registered for this event. If you are having technical difficulties with
WebEx, you can use the chat feature in WebEx to ask questions or seek assistance.
We will now open the hearing on the proposed amendment to septage management rule 15A NCAC 13B
.0832 titled "General Provisions". The proposed amendment extends the permit length for subsequent
septage land application sites and septage detention and treatment facilities from 5 years to 10 years. This
amendment was required by Session Law 2021-83. The session law also implemented the change to permit
length directly, effective July 1, 2021. The proposed amendment does not change the length of the initial
permit of one year, and does not change the inspection schedule or sampling and reporting requirements.
A regulatory impact analysis was drafted for this rule change, and the final version was approved for
publication by the NC Office of State Budget and Management pursuant to G.S. 150B-21.4 on July 26,
2021. The Office of State Budget and Management determined that no fiscal note is necessary because the
proposed rule changes have little to no state or local government impacts, and no substantial economic
impact.
The public notice for this hearing was published in Volume 36, Issue 12 of the North Carolina Register on
December 15, 2021, and the public notice and regulatory impact analysis were posted on the Department
of Environmental Quality's website. The public notice was also emailed to those on the Division of Waste
Management's email distribution list for septage rulemaking. We will add the public notice, regulatory
impact analysis, and the proposed rule changes into the hearing record without reading them at this time.
We will now take comments on the proposed amendments to 15A NCAC 13B Rule .0832 "General
Provisions". To do this, I will call the names of each of the pre -registered speakers in order, and the WebEx
Host will unmute the speaker. Please do not start speaking until the WebEx Host has indicated that your
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microphone has been unmuted. It would also be helpful if any person speaking tonight would also submit
a written statement for inclusion into the hearing record to [e-mail].
If we call your name, but cannot hear you after you have been unmuted, please check to see if you are still
muted on the WebEx screen on your computer, or on your phone. If you are having audio issues, try a
different method of audio connection within WebEx or use the "Call Me" feature to have WebEx call your
personal telephone line. If we still cannot hear you, we will proceed to the next registered speaker, but will
call your name again at the end of the hearing.
Dr. Rubin, you can go ahead and provide your comment.
"Good afternoon. My name is Dr. Albert Robert Rubin. I am an emeritus professor at North Carolina State
University, in the Biological and Agricultural Engineering Department. I have been involved in water and
waste management issues in North Carolina for about 40 years. I started my career at North Carolina State
in 1975; and have been involved in land -based treatment and beneficial use for quite a while.
I do want to speak in favor of the provision to change the land application and the septage detention and
treatment facility permit period for permits other than the initial permit to 10 years. I think that there are
significant beneficial environmental impacts that are associated with that. I am supportive of this because
the testing will continue every 2 years, and the inspections can occur as required.
I do have one comment and that is that Mecklenburg County does have some specific provisions for
pumpers, and I do hope that someone informed Mecklenburg County of this rule change. There may be
people that do work in the county that may not be aware of this permit change and I do think it's important
that they are informed. But I am strongly supportive of this amendment. I think that the folks in the septage
management branch do a wonderful job. I have been involved, as I said, with these rules for a number of
years and I think that every change is beneficial. That concludes my comment. "
Thank you, Dr. Rubin. We have no other speakers registered. [Note: Dr. Rubin was the only attendee other
than DWM staff] If you did not register to speak, but still want to provide comments on the proposed
rulemaking, remember that you may also provide comments until the end of the comment period on
February 14, 2022 by emailing them to [e-mail]. You can also mail written
comments to the address listed in the public notice. Thank you all for your participation in this virtual
public hearing and your interest in the public hearing process. This hearing is adjourned.
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