15A NCAC 02T --- 20180901

SUBCHAPTER 02T – WASTE NOT DISCHARGED TO SURFACE WATERS

SECTION .0100 – GENERAL REQUIREMENTS

15A NCAC 02T .0101 PURPOSE
The rules in this Subchapter shall govern application for and issuance of permits for the following systems that do
not discharge to surface waters of the state:
(1) sewer systems;
(2) disposal systems;
(3) treatment works;
(4) residual and residue disposal/utilization systems;
(5) animal waste management systems;
(6) treatment of contaminated soils; and
(7) stormwater management systems pursuant to 15A NCAC 02H .1000.

History Note: Authority G.S. 143-215.1; 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0102 SCOPE
The rules in this Subchapter shall apply to all persons proposing to construct, alter, extend, or operate any sewer
system, treatment works, disposal system, contaminated soil treatment system, animal waste management system,
stormwater management system, or residual management system, that does not discharge to surface waters of the
State. However, these Rules shall not apply to sanitary sewage systems or solid waste management facilities that are
permitted under the authority of the Commission for Public Health. The provisions for stormwater NPDES systems
that discharge to waters of the State are codified in 15A NCAC 02H .1000. The rules in this Section are ge neral
requirements that shall apply to all program rules in this Subchapter.

History Note: Authority G.S. 130A-335; 143-215.1; 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0103 DEFINITIONS
The terms used in this Subchapter shall have the meanings set forth in G.S. 143 -212 and G.S. 143-213, in this Rule,
and in program-specific rules in this Subchapter:
(1) "Agronomic rate" means the amount of waste and other materials applied to soil to meet the
nitrogen needs of the crop, but does not overload the soil with nutrients or other constitu ents that
cause or contribute to a contravention of surface water or groundwater standards, limit crop
growth, or adversely impact soil quality. Nitrogen needs of the crop shall be based on realistic
yield expectations (RYE) established for a soil series through published Cooperative Extension
Service bulletins, Natural Resources Conservation Service publications, county soil surveys, or
site specific agronomist reports.
(2) "Animal waste" means livestock or poultry excreta or a mixture of excreta with feed , bedding,
litter or other materials generated at a feedlot.
(3) "Bedrock" is defined in 15A NCAC 02L .0102.
(4) "Buffer" means a natural or vegetated area as defined in 15A NCAC 02B .0202.
(5) "CFR" means Code of Federal Regulations.
(6) "Commission" is defined in G.S. 143-212 or their delegate.
(7) "Compliance boundary" is defined in 15A NCAC 02L .0102.
(8) "Deemed permitted" means that a facility is considered to have a needed permit and to be
compliant with the permitting requirements of G.S. 143-215.1(a), even though it has not received
an individual permit for its construction or operation.
(9) "Department" is defined in G.S. 143-212.
(10) "Director" means the Director of the Division or its delegate.
(11) "Division" means the Division of Water Resources in the Department.
(12) "Effluent" means wastewater discharged from a water pollution control facility following all
treatment processes or from other point source whether treated or untreated.
(13) "Engineer" means an individual who is currently lice nsed by the North Carolina Board of
Examiners For Engineers and Land Surveyors or is authorized to practice under G.S. 89C as an
engineer.
(14) "EPA" means the United States Environmental Protection Agency.
(15) "Ephemeral (stormwater) stream" is defined i n 15A NCAC 02B .0233.
(16) "Essential treatment unit" means any unit associated with the wastewater treatment process whose
loss would likely render the facility incapable of meeting the required performance criteria,
including aeration units or other main treatment units, clarification equipment, filters, disinfection
equipment, pumps and blowers.
(17) "General Permit" means a permit issued pursuant to G.S. 143 -215.1(b)(3), 143-215.1(b)(4) or 143-
215.10C.
(18) "Groundwaters" is defined in 15A NCAC 02L .0102.
(19) "Groundwater standards" means groundwater standards as established in 15A NCAC 02L .0200.
(20) "Industrial wastewater" means all wastewater other than sewage or animal waste, and includes:
(a) wastewater resulting from any process of industry o r manufacture, or from the
development of any natural resource;
(b) wastewater resulting from processes of trade or business, including wastewater from
laundromats and vehicle or equipment washes, but excluding wastewater from
restaurants;
(c) stormwater that is contaminated with an industrial wastewater;
(d) any combination of sewage and industrial wastewater;
(e) municipal wastewater, unless it can be demonstrated that the wastewater contains no
industrial wastewater; and
(f) contaminated groundwater extracted as part of an approved groundwater remediation
system approved by the Division in accordance with 15A NCAC 02L .0100.
(21) "Intermittent stream" is defined in 15A NCAC 02B .0233.
(22) "NPDES" means National Pollutant Discharge Elimination System.
(23) "Perennial stream" is defined in 15A NCAC 02B .0233.
(24) "Perennial waterbody" is defined in 15A NCAC 02B .0233.
(25) "Pollutant" means waste as defined in G.S. 143-213.
(26) "Potable waters" is defined in 15A NCAC 02L .0102.
(27) "Private well" means any potable or irrigation well not directly controlled by a public authority or
a public utility authorized by the North Carolina Public Utilities Commission. This may include a
private individual or community well as defined in the public water supply rule s codified in 15A
NCAC 18C.
(28) "Professional engineer" means a person who is presently registered and licensed as a professional
engineer by the North Carolina Board of Examiners For Engineers and Land Surveyors.
(29) "Public or community sewage system" means a single system of sewage collection, treatment, or
disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and
sewer authority, a county, a municipality, or a public utility authorized to operate by the North
Carolina Utilities Commission.
(30) "Residuals" means any solid, semisolid, or liquid waste, other than effluent or residues from
agricultural products and processing, generated from a wastewater treatment facility, water supply
treatment facility, or air pollution control facility permitted under the authority of the Commission.
(31) "Residues from agricultural products and processing" means solids, semi -solids, or liquid residues
from food and beverage processing and handling, silviculture, agriculture, and a quaculture
operations permitted under the authority of the Commission that are non -toxic, non-hazardous,
and contain no domestic wastewater.
(32) "Restrictive horizon" is the layer in a soil profile that is capable of reducing the downward water
movement to the minimum rate, as evidenced by lowest saturated hydraulic conductivity among
all the soil layers. Restrictive horizon is often capable of perching ground water or wastewater
effluent and is characterized by accumulation of finer soil particles (such a s aluminum, clay, iron,
silica, organic matter, or other compounds) or compaction due to heavy equipment.
(33) "Review boundary" is defined in 15A NCAC 02L .0102.
(34) "Seasonal High Water Table" or "SHWT" is the highest level to which the soil is saturated, as may
be determined through the identification of redoximorphic features in the soil profile, including
low chroma mottling. This does not include temporary perched conditions. Alternatively, the
SHWT can also be determined from water level measurements or via soil or groundwater
modeling.
(35) "Secretary" is defined in G.S. 143-212 and includes the Secretary's delegate.
(36) "Setback" means the separation in linear feet, measured on a horizontal plane, required between a
treatment works, disposal system, or utilization system and physical features such as buildings,
roads, property lines, or water bodies.
(37) "Sewage" means the liquid and solid human waste and liquid waste generated by domestic
water-using fixtures and appliances from any residence, place of business, or place of public
assembly. Sewage does not include wastewater that is totally or partially industrial wastewater or
any other wastewater that is not domestic waste.
(38) "Soil scientist" means an individual who is currently licensed or a uthorized to practice soil science
pursuant to G.S. 89F by the North Carolina Board for Licensing of Soil Scientists.
(39) "Staff" means the staff of the Division.
(40) "Surface waters" means all waters as defined in G.S. 143-212 except underground waters.
(41) "Surface water standards" means surface water standards established in 15A NCAC 02B .0200.
(42) "Technical specialist" means an individual designated by the Soil and Water Conservation
Commission to certify that the planning, design, and implementation of Best Management
Practices, including all or part of an animal waste management plan, meet the standards and
specifications of the Soil and Water Conservation Commission or the U.S. Department of
Agriculture, Natural Resources Conservation Service.
(43) "Toxicity test" means a test for toxicity conducted using the procedures contained in 40 CFR
261.24, which is incorporated by reference including any subsequent amendments and editions.
(44) "Treatment works or disposal system that does not discharge to surface waters" means any
treatment works, facility, utilization system, or disposal system that is designed to:
(a) operate as closed system with no discharge to waters of the State; or
(b) dispose of or use wastes, including residuals, residues, contaminated soils and animal
waste, on the surface of the land; or
(c) dispose of wastes through a subsurface disposal system pursuant to G.S. 143-215.1(a4).
(45) "Waste oil" means any used nonhazardous petroleum product other than crankcase oil. Crankcase
oil mixed with other used nonhazardous petroleum products shall be deemed to be waste oil.
(46) "Wetlands" are waters as defined in G.S. 143-212 and are areas that are inundated or saturated by
an accumulation of surface or ground water as defined in 15A NCAC 0 2B .0202.

History Note: Authority G.S. 130A-335; 143-213; 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0104 ACTIVITIES WHICH REQUIRE A PERMIT

History Note: Authority G.S. 130A-335; 143-215.1; 143-215.3(a)(1);
Eff. September 1, 2006;
Repealed Eff. September 1, 2018.

15A NCAC 02T .0105 GENERAL REQUIREMENTS
(a) Jurisdiction. Applications for permits from the Division shall be made in accordance with this Rule.
Applications for permits under the jurisdiction of a local program shall be made in accordance with the requirements
of the Division-approved program.
(b) Applications. Application for a permit shall be made on Division -approved forms completely filled out, where
applicable, and fully executed in the manner set forth in Rule .0106 of this Section. A processing fee as described in
G.S. 143-215.3D shall be submitted with each application in the form of a check or money order made payable to
the Department. Applications shall be returned if incomplete. Permits for sewer line extensions shall be applied for
separately from treatment, utilization, and disposal systems. The applicant shall provide adequate documentation to
the Division to ensure that the proposed system will meet all design and pe rformance criteria as required under this
Subchapter and other applicable rules, be operated as a non-discharge system, and protect surface water and
groundwater standards. Variances to this Subchapter or adopted design criteria shall be specifically reque sted in the
application and, if approved pursuant to Paragraph (n) of this Rule, incorporated into the permit. The Division shall
accept certification that the design meets or exceeds minimum design criteria applicable to the project if the
certification is provided by a licensed or certified professional, such as a professional engineer, licensed soil
scientist, licensed geologist, or technical specialist. Division acceptance of certifications that were specifically
requested by the Division to be provided with the application from the applicant or from licensed or certified
professionals preparing reports for the application and that were approved in the permit shall constitute approval of a
variance to this Subchapter or to applicable minimum design and performance criteria.
(c) Application packages for new and expanding facilities shall include the following items:
(1) the number of executed copies necessary for each review office and one additional copy.
Additional copies shall be required if needed for federal and state grant and loan projects;
(2) reports, engineering plans, specifications, and calculations as required by the applicable rules of
this Subchapter. If prepared by licensed or certified professionals these reports shall be submitted
in accordance with the respective statutes and rules governing that profession;
(3) operational agreements as required by Rule .0115 of this Section;
(4) for projects that require environmental documentation pursuant to the North Carolina
Environmental Policy Act, a final environmental document (Finding of No Significant Impact or
Record of Decision);
(5) a general scaled location map, showing orientation of the facility with reference to at least two
geographic references (e.g. numbered roads, named streams or rivers);
(6) documentation that other environmental permit or certification applications that are needed to
properly construct and operate the facilities permitted under this Subchapter are being prepared,
have been applied for, or have been obtained, such as 401 certifications, erosion and sedimentation
control plans, and stormwater management plans;
(7) a description of the project including the origin, type and flow of waste to be treated. For industrial
processing facilities, a waste analysis extensive enough to allow a complete evaluation of the
system's capability to treat the waste and any potential impacts on the waters of the state shall be
included;
(8) documentation of compliance with Article 21 Part 6 (Floodway Regulations) of Chapter 143 of the
General Statutes;
(9) documentation as required by other applicable rules in this Subchapter; and
(10) documentation of the presence or absence of threatened or endangered aquatic species using
information provided by the Natural Heritage Program of the Department. This shall only apply to
the area whose boundary is encompassed by, and is for the purpose of, the installation, operation,
and maintenance of facilities permitted herein (wastewater collection, treatment, storage,
utilization, or disposal). This documentation shall provide information on the need for permit
conditions pursuant to Paragraph (i) of this Rule.
(d) Application packages for renewals shall include updated site plans, if required as part of the original submittal.
(e) Application and annual Fees.
(1) Application Fee. For every application for a new or major modification of a permit pursuant to this
Section, a nonrefundable application processing fee in the amount provided in G.S. 143-215.3D
shall be submitted to the Division by the applicant at the time of application. For a facility with
multiple treatment units governed by a single permit, the application fee shall be set by the total
design treatment capacity. Modification fees shall be based on the projected annual fee for th e
facility.
(2) Annual Fees. An annual fee for administering and compliance monitoring shall be charged in each
year of the term of every renewable permit according to the schedule in G.S. 143 -215.3D(a).
Annual fees shall be paid for any facility operating on an expired permit that has not been
rescinded or revoked by the Division. Permittees shall be billed annually by the Division. A
change in the facility that changes the annual fee shall result in the revised annual fee being billed
effective with the next anniversary date.
(f) Designs for facilities permitted under this Section shall use the practicable waste treatment and disposal
alternative with the least adverse impact on the environment in accordance with G.S. 143 -215.1(b)(2).
(g) The Division shall incorporate pretreatment requirements under 15A NCAC 02H .0900 into the permit.
(h) Setbacks and required separation distances shall be provided as required by the rules in this Subchapter.
Setbacks to perennial and intermittent streams, perennial waterbodies, and wetlands shall be determined using the
methodology set forth in 15A NCAC 02B .0233(4)(a). Setbacks to wells shall apply to those wells outside the
compliance boundary. If wells and subsurface groundwater lowering drainage systems would othe rwise be inside the
compliance boundary as established in 15A NCAC 02L .0107, the applicant may request the compliance boundary
be established closer to the waste disposal area and this shall be granted provided the groundwater standards can be
met at the newly established compliance boundary.
(i) Permits shall provide specific conditions to address the protection of threatened or endangered aquatic species,
as provided in plans developed pursuant in 15A NCAC 02B .0110, if the construction and operation of the facility
directly impacts such species.
(j) Except as otherwise required by Rule .1306 in this Subchapter, the Permittee shall comply with all permit
conditions and requirements until the waste treatment systems authorized by the permit are properly closed or
subsequently permitted by another permit issued by the appropriate permitting authority for that activity.
(k) Monitoring of waste and surface waters shall be in accordance with 15A NCAC 02B .0505 except as otherwise
provided by applicable rules in this Subchapter.
(l) Reporting shall be in accordance with 15A NCAC 02B .0506 except as otherwise provided by applicable rules in
this Subchapter.
(m) Monitoring of groundwater shall be in accordance with Sections 15A NCAC 02L .0100 and 15A NCAC 02C
.0100 except as otherwise provided by applicable rules in this Subchapter.
(n) The Director shall approve alternative Design Criteria and Application Submittal requirements if the applicant
can demonstrate that the alternative will provide:
(1) equal or better treatment of the waste;
(2) equal or better protection of the waters of the state; and
(3) no increased potential for nuisance conditions from noise, odor or vermin.
(o) The Permittee shall retain the Division-approved plans and specifications for the life of the facility.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0106 SUBMISSION OF PERMIT APPLICATIONS
(a) Permit applications, supporting information, and processing fees for permits issued by the Division shall be filed
with the Division. Applications for permits from a Division -approved local permitting program shall be submitted to
the local program director. Division permit processing fees shall not be required for permits issued by delegated
local permitting programs.
(b) Permit applications shall be signed as follows:
(1) in the case of corporations, by a principal executive officer of at least the level of vice -president or
his authorized representative;
(2) in the case of a partnership or a limited partnership, by a general partner;
(3) in the case of a sole proprietorship, by the proprietor;
(4) in the case of a municipal, state, or other public entity, by either an executive officer, elected
official in the highest level of elected office, or other authorized employee.
(c) Delegation of authority to sign permit applications to other authorized employees or any employee in a specific
position shall be provided in writing to the Division and signed by an authorized person pursuant to Paragraph (b) of
this Rule. The delegation may be for a specific permit application or for certain or all types of water quality permits.
The letter shall identify the extent of delegation.

History Note: Authority G.S. 143-215.3(a)(1); 143-215.1;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0107 STAFF REVIEW AND PERMIT PREPARATION
(a) The staff of the Division shall conduct a review of plans, specifications, and other project data accompanying
the application and shall determine if the application and required information are complete. The staff shall
acknowledge receipt of a complete application except for fast-track sewer applications. The local government unit or
units having jurisdiction over specific residential projects shall be notified of permit applications in accordance with
G.S. 143-215.1(d1).
(b) If the application does not include all required information and the application fee, the application shall be
returned to the applicant. The staff shall advise the applicant:
(1) how the application or accompanying supporting information may be modified to make it
acceptable for review; and
(2) that the 90 day processing period required in G.S. 143 -215.1 and Rule .0108 of this Section begins
upon receipt of a corrected application with required supporting information.
(c) In reviewing a permit application for sewer system construction or sewer system extensions, the staff of the
Division shall determine whether the treatment works or the sewer system to which the proposed system will
discharge is adequate to receive waste which will be discharged from the proposed system, pursuant to G.S. 143 -
215.67(a).
(d) In reviewing a permit application for new and expanding treatment works and disposal sys tems, the staff shall
make a site-specific evaluation to determine the potential impacts of the proposed project on surface and ground
water quality. The applicant shall make the site accessible to the Division.
(e) If an application is accepted and later found to be incomplete, the applicant shall be advised how the application
or accompanying supporting information may be modified to make it complete. The staff shall advise the applicant:
(1) that the 90 day processing period required in G.S. 143 -215.1(d) and Rule .0108 of this Section
begins on the date the additional information is received; and
(2) that if all required information is not submitted within 30 days, the project will be returned as
incomplete. Any resubmittal of a returned application shall be accompanied with a new
application fee.

History Note: Authority G.S. 143-215.1(b); 143-215.1(d); 143-215.3(a)(1); 143-215.3(a)(4);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0108 FINAL ACTION ON PERMIT APPLICATIONS TO THE DIVISION
(a) The Director shall take final action on all applications not later than 90 days following receipt of a complete
application together with all required information. All permits, renewals of permits, and decisions denying permits
or renewals shall be in writing.
(b) The Director shall:
(1) issue a permit:
(A) containing such conditions as are necessary to effectuate the purposes of Article 21,
Chapter 143 of the General Statutes; and
(B) containing time schedules for achieving compliance with applicable effluent standards
and limitations, surface water or groundwater standards and other legally applicable
requirements;
(2) deny a permit application if necessary to effectuate:
(A) the purposes of Article 21, Chapter 143;
(B) the purposes of G.S. 143-215.67(a); or
(C) rules on groundwater quality standards found in Subchapter 02L of this Chapter; or
(3) hold public meetings if necessary to obtain additional information needed to complete the review
of the application. The application shall be considered as incomplete until the close of the meeting
record.
(c) The Division may require monitoring and reporting req uirements, including of groundwater, surface water or
wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon or storage ponds, and plant tissue, if
necessary to determine the source, quantity, and quality of the waste and its effect upon the surface water, ground
waters, or wetlands. All reports shall be submitted on Division-supplied forms or forms approved by the Division as
providing the same information as required by the Division's forms.
(d) If a permit is denied, the letter of denial shall state the reason for denial and reasonable measures that the
applicant may take to make the application approvable.
(e) All permits requiring an annual fee shall be issued for a time period not to exceed eight years, except for those
permits subject to Sections .1300 and .1400 of this Subchapter, which shall not exceed five years.

History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215.1(d); 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0109 PERMIT RENEWALS
Requests for permit renewals shall be submitted to the Director at least 180 days prior to expiration unless the permit
has been revoked by the Director in accordance with Rule .0110 of this Section or a request has been made to
rescind the permit. Renewal requests shall be made in accordance with Rule .0105 and Rule .0106 of this Section.

History Note: Authority G.S. 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0110 MODIFICATION AND REVOCATION OF PERMITS
A permit issued by the Division pursuant to this Subchapter shall be subject to revocation or modification upon 60
days notice by the Director in whole or part for the following reasons:
(1) violation of any terms or conditions of the permit or this Subchapter;
(2) obtaining a permit by misrepresentation or failure to disclose all relevant facts;
(3) refusal of the permittee to allow authorized employees of the Department upon presentation of
credentials:
(a) to enter upon permittee's premises where a system is located or where any records are
required to be kept under terms and conditions of the permit;
(b) to have access to any documents and records required to be kept under terms and
conditions of the permit;
(c) to inspect any monitoring equipment or method required in the permit; or
(d) to sample any pollutants;
(4) failure to pay the annual fee for administering and compliance monitoring; or
(5) a determination by the Division that the conditions of the permit are in conflict with the North
Carolina Administrative Code or General Statutes.

History Note: Authority G.S. 143.215.1(b)(4)(c); 143 -215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0111 CONDITIONS FOR ISSUING GENERAL PERMITS
(a) After issuance of a general permit by the Director pursuant to G.S. 143 -215.1(b), (c), or (d), persons operating
facilities described by the general permit may request coverage under it. An operation that receives a "Certificate of
Coverage" under a general permit shall be permitted under the general permit for which the coverage was issued. A
Certificate of Coverage shall mean that approval is given to facilities that meet the requirements of coverage under
the general permit. Persons operating facilities covered under general permits developed in accordance with this
Rule shall be subject to the same limits, conditions, management practices, enforcement authorities, and rights and
privileges specified in the general permit.
(b) Upon development of a draft general permit, the Director shall publicly notice an intent to issue the general
permit, pursuant to G.S. 143-215.4(b)(1) and (2), at least 30 days prior to final action. The notice shall provide the
name, address, and phone number of the Division, a brief description of the intended action, and a brief description
of the procedures for the formulation of final det erminations, including a 30-day comment period and other means
by which interested persons may comment upon the determinations.
(c) No provisions in any general permit issued under this Rule shall be interpreted to allow the permittee to violate
state surface water standards, groundwater standards outside a Compliance Boundary established in accordance with
15A NCAC 02L .0107, or other applicable environmental Rules. Construction of new water supply wells for human
consumption shall be prohibited within Co mpliance Boundaries for facilities covered under general permits issued
pursuant to this Section. General permits issued pursuant to this Rule shall be considered individual permits for
purposes of Compliance Boundaries established under 15A NCAC 02L .0107 .
(d) To obtain a Certificate of Coverage, a Notice of Intent to be covered by the general permit shall be given by the
applicant to the Division using Division-approved forms. Coverage pursuant to the general permit shall be granted
unless the Director makes a determination under Paragraph (h) of this Rule that an individual permit is required. If
all requirements of Paragraph (h) are not met, an individual permit application and full application review procedure
shall be required.
(e) A general permit shall be effective for a term not to exceed eight years, at the end of which the Division may
renew it pursuant to G.S. 143-215.1. The Division shall satisfy public notice requirements specified in Paragraph (b)
of this Rule prior to renewal of a general pe rmit. If the Division does not renew a general permit, all operations
covered under that general permit shall be notified to submit applications for individual permits.
(f) Anyone engaged in activities covered by the general permit rules but not permitted in accordance with this
Subchapter, shall be in violation of G.S. 143-215.1.
(g) Any individual covered or considering coverage under a general permit may choose to pursue an individual
permit for any operation covered by this Rule.
(h) The Director may require any person, otherwise eligible for coverage under a general permit, to apply for an
individual permit by notifying that person that an application is required. Notification shall consist of a written
description of the reason for the decision, appropriate permit application forms and application instructions, a
statement establishing the required date for submission of the application, and a statement informing the person that
coverage by the general permit shall automatically terminate upon issuance of the individual permit. Reasons for
requiring application for an individual permit shall include:
(1) the operation is a significant contributor of pollutants to the waters of the State;
(2) conditions at the permitted site change, altering the constituents or characteristics of the
wastewater such that the operation no longer qualifies for coverage under a general permit;
(3) noncompliance with the general permit;
(4) noncompliance with the rules in this Chapter;
(5) a change has occurred in the availability of demonstrated technology or practices for the control or
abatement of pollutants applicable to the operation;
(6) a determination by the Division that there has been or is the potential to have a direct discharge of
wastewater or residuals to waters of the State; or
(7) the system has been allowed to deteriorate or leak such that it poses an immediate threat to the
environment.

History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 143-215.10C;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0112 DELEGATION OF AUTHORITY
For permits issued by the Division, the Director is authorized to delegate any or all of the functions contained in the
rules of this Subchapter except the following:
(1) denial of a permit application;
(2) revocation of a permit not requested by the permittee; and
(3) modification of a permit not requested by the permittee.

History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0113 PERMITTING BY REGULATION
(a) The following disposal systems as well as those in Permitting By Regulation rules in this Subchapter (i.e., Rules
.0203, .0303, .0403, .1103, .1203, .1303, .1403, and .1503) shall be deemed to be permitted pursuant to G.S. 143 -
215.1(b), and it shall not be necessary for the Division to issue individual permits or coverage under a general permit
for construction or operation of the following disposal systems provided the system does not result in any violations
of surface water or groundwater standards, there is no direct discharge to surface waters, and all criteria required for
the specific system are met:
(1) swimming pool and spa filter backwash and drainage, filter backwash from aesthetic fountains,
and filter backwash from commercial or residential water features such as garden ponds or fish
ponds, that is discharged to the land surface;
(2) backwash from raw water intake screening devices that is discharged to the land surface;
(3) condensate from residential or commercial air conditioning units that is discharged to the land
surface;
(4) discharges to the land surface from individual non-commercial car washing operations;
(5) discharges to the land surface from flushing and hydrostatic testing water associated with utility
distribution systems, new sewer extensions, or new reclaimed water distribution lines;
(6) street wash water that is discharged to the land surface;
(7) discharges to the land surface from firefighting activities;
(8) discharges to the land surface associated with emergency removal and treatment activities for
spilled oil authorized by the federal or state on-scene coordinator when such removals are
undertaken to minimize overall environmental damage due to an oil spill;
(9) discharges to the land surface associated with biological or chemical decontamination activities
performed as a result of an emergency declared by the Governor or the Director of the Division of
Emergency Management, that are conducted by or under the direct supervision of the federal or
state on-scene coordinator, and that meet the following criteria:
(A) the volume produced by the decontamination activity is too large to be contained onsite;
(B) the Division is informed prior to commencement of the decontamination activity; and
(C) the wastewater is not radiologically contaminated or classified as hazardous waste;
(10) drilling muds, cuttings, and well water from the development of wells or from ot her construction
activities, including directional boring, except such wastes generated in the construction and
development of oil and gas wells regulated by Article 27 of G.S. 113;
(11) purge water from groundwater monitoring wells;
(12) composting facilities for animal mortality if the construction and operation of the facilities is
approved by the North Carolina Department of Agriculture and Consumer Services; the facilities
are constructed on an impervious, weight-bearing foundation, and are operated under a roof; and
the facilities are approved by the State Veterinarian pursuant to G.S. 106 -403. In the event of an
imminent threat of a contagious animal disease, any emergency measure or procedure related to
composting of animal mortality pursuant to G.S. 106-399.4(a);
(13) overflow from elevated potable water storage facilities;
(14) mobile carwashes if:
(A) all detergents used are biodegradable;
(B) no steam cleaning, engine or parts cleaning is being conducted;
(C) notification is made prior to operation by the owner to the municipality or, if not in a
municipality, then the county where the cleaning service is being provided; and
(D) non-recyclable washwater is collected and discharged into a sanitary sewer or wastewater
treatment facility, upon approval of the facility's owner, such that no ponding or runoff of
the washwater occurs;
(15) mine tailings if no chemicals are used in the mining process;
(16) mine dewatering if no chemicals are used in the mining process;
(17) wastewater created from the washing of produce, with no further processing on-site, on farms
where the wastewater is irrigated onto fields so as not to create runoff or cause a discharge; and
(18) discharges to the land surface of less than 5,000 gallons per week of backwash wat er from
greensand filters at potable water wells, not including conventional filters, reverse osmosis, and
ion exchange filters, provided ponding or runoff does not occur and the backwash does not exceed
the Maximum Contaminant Level (MCL) for radionuclide s or arsenic; and
(19) discharges to the land surface of less than 350 gallons per week of backwash water from reverse
osmosis, ion exchange filters, greensand filters at private drinking water wells, provided ponding
or runoff does not occur.
(b) Nothing in this Rule shall be deemed to allow the violation of any surface water, groundwater, or air quality
standards and, in addition, any such violation shall be considered a violation of a condition of a permit. Further,
nothing in this Rule shall be deemed to apply to or permit disposal systems for which a state National Pollutant
Discharge Elimination System permit is otherwise required.
(c) Any violation of this Rule or any discharge to surface waters from the disposal systems listed in Paragraph (a) of
this Rule or the activities listed in other Permitted By Regulation rules in this Subchapter shall be reported in
accordance with 15A NCAC 02B .0506.
(d) Disposal systems deemed permitted under this Subchapter shall remain deemed permitted, notwithstanding any
violations of surface water or groundwater standards or violations of this Rule or other Permitted By Regulation
rules in this Subchapter, until such time as the Director determines that they shall not be deemed permitted in
accordance with the criteria established in this Rule.
(e) The Director may determine that a disposal system shall not be deemed to be permitted in accordance with this
Rule or other Permitted By Regulation rules in this Subchapter and require the disposal system to obtain an
individual permit or a certificate of coverage under a general permit. This determination shall be made based on
existing or projected environmental impacts, compliance with the provisions of this Rule or other Permitted By
Regulation rules in this Subchapter, and the compliance history of the facility owner.

History Note: Authority G.S. 130A-300; 143-215.1(a)(1); 143-215.1(b)(4)(e); 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. March 19, 2015; June 18, 2011;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0114 WASTEWATER DESIGN FLOW RATES
(a) This Rule shall be used to determine wastewater flow rates for all systems governed by this Subchapter unless
alternate criteria are provided by a program-specific rule or for flow used for the purposes of 15A NCAC 02H .0105.
Higher flow rates shall be required where usage and occupancy are atypical, including those in Paragraph (e) of this
Rule. Wastewater flow calculations shall take hours of operation and anticipated maximum occupancies and usage
into account when calculating peak flows for design.
(b) In determining the volume of sewage from dwelling units, the flow rate shall be 120 gallons per day per
bedroom. The minimum volume of sewage from each dwelling unit shall be 240 gallons per day and each additional
bedroom above two bedrooms shall increase the volume by 120 gallons per day. Each bedroom or any other room or
addition that can function as a bedroom shall be considered a bedroom for design purposes. When the occupancy of
a dwelling unit exceeds two persons per bedroom, the volume of sewage shall be determined by the maximum
occupancy at a rate of 60 gallons per person per day.
(c) The following table shall be used to determine the minimum allowable design daily flow of wastewater
facilities. Design flow rates for establishments not identified below shall be determined using available flow data,
water-using fixtures, occupancy or operation patterns, and other measured data.

Type of Establishments Daily Flow For Design
Barber and beauty shops
Barber Shops 50 gal/chair
Beauty Shops 125 gal/booth or bowl
Businesses, offices and factories
General business and office facilities 25 gal/employee/shift
Factories, excluding industrial waste 25 gal/employee/shift
Factories or businesses with showers or food preparation 35 gal/employee/shift
Warehouse 100 gal/loading bay
Warehouse – self storage (not including caretaker residence) 1 gal/unit
Churches
Churches without kitchens, day care or camps 3 gal/seat
Churches with kitchen 5 gal/seat
Churches providing day care or camps 25 gal/person (child & employee)
Fire, rescue and emergency response facilities
Fire or rescue stations without on site staff 25 gal/person
Fire or rescue stations with on-site staff 50 gal/person/shift
Food and drink facilities
Banquet, dining hall 30 gal/seat
Bars, cocktail lounges 20 gal/seat
Caterers 50 gal/100 sq ft floor space
Restaurant, full Service 40 gal/seat
Restaurant, single service articles 20 gal/seat
Restaurant, drive-in 50 gal/car space
Restaurant, carry out only 50 gal/100 sq ft floor space
Institutions, dining halls 5 gal/meal
Deli 40 gal/100 sq ft floor space
Bakery 10 gal/100 sq ft floor space
Meat department, butcher shop or fish market 75 gal/100 sq ft floor space
Specialty food stand or kiosk 50 gal/100 sq ft floor space
Hotels and Motels
Hotels, motels and bed & breakfast facilities,
without in-room cooking facilities 120 gal/room
Hotels and motels, with in-room cooking facilities 175 gal/room
Resort hotels 200 gal/room
Cottages, cabins 200 gal/unit
Self service laundry facilities 500 gal/machine
Medical, dental, veterinary facilities
Medical or dental offices 250 gal/practitioner/shift
Veterinary offices (not including boarding) 250 gal/practitioner/shift
Veterinary hospitals, kennels, animal boarding facilities 20 gal/pen, cage, kennel or stall
Hospitals, medical 300 gal/bed
Hospitals, mental 150 gal/bed
Convalescent, nursing, rest homes without laundry facilities 60 gal/bed
Convalescent, nursing, rest homes with laundry facilities 120 gal/bed
Residential care facilities 60 gal/person
Parks, recreation, camp grounds, R-V parks and other outdoor activity facilities
Campgrounds with comfort station, without
water or sewer hookups 75 gal/campsite
Campgrounds with water and sewer hookups 100 gal/campsite
Campground dump station facility 50 gal/space
Construction, hunting or work camps with flush toilets 60 gal/person
Construction, hunting or work camps with chemical or
portable toilets 40 gal/person
Parks with restroom facilities 250 gal/plumbing fixture
Summer camps without food preparation or laundry facilities 30 gal/person
Summer camps with food preparation and laundry facilities 60 gal/person
Swimming pools, bathhouses and spas 10 gal/person
Public access restrooms 325 gal/plumbing fixture
Schools, preschools and day care
Day care and preschool facilities 25 gal/person (child & employee)
Schools with cafeteria, gym and showers 15 gal/student
Schools with cafeteria 12 gal/student
Schools without cafeteria, gym or showers 10 gal/student
Boarding schools 60 gal/person (student & employee)
Service stations, car wash facilities
Service stations, gas stations 250 gal/plumbing fixture
Car wash facilities 1200 gal/bay
Sports centers
Bowling center 50 gal/lane
Fitness, exercise, karate or dance center 50 gal/100 sq ft
Tennis, racquet ball 50 gal/court
Gymnasium 50 gal/100 sq ft
Golf course with only minimal food service 250 gal/plumbing fixture
Country clubs 60 gal/member or patron
Mini golf, putt-putt 250 gal/plumbing fixture
Go-kart, motocross 250 gal/plumbing fixture
Batting cages, driving ranges 250 gal/plumbing fixture
Marinas without bathhouse 10 gal/slip
Marinas with bathhouse 30 gal/slip
Video game arcades, pool halls 250 gal/plumbing fixture
Stadiums, auditoriums, theaters, community centers 5 gal/seat
Stores, shopping centers, malls and flea markets
Auto, boat, recreational vehicle dealerships/showrooms
with restrooms 125 gal/plumbing fixture
Convenience stores, with food preparation 60 gal/100 sq ft
Convenience stores, without food preparation 250 gal/plumbing fixture
Flea markets 30 gal/stall
Shopping centers and malls with food service 130 gal/1000 sq ft
Stores and shopping centers without food service 100 gal/1000 sq ft
Transportation terminals – air, bus, train, ferry, port and dock 5 gal/passenger

(d) Design daily flow rates for proposed non-residential developments where the types of use and occupancy are not
known shall be designed for a minimum of 880 gallons per acre, or the applicant shall specify an anticipated flow
based upon anticipated or potential uses.
(e) Design daily flow rates for residential property on barrier islands and similar communities located south or east
of the Atlantic Intracoastal Waterway and used as vacation rental as defined in G.S. 42A -4 shall be 120 gallons per
day per habitable room. Habitable room shall mean a room or enclosed floor space used or intended to be used for
living or sleeping, excluding kitchens and dining areas, bathrooms, shower rooms, water closet compartments,
laundries, pantries, foyers, connecting corridors, closets, and storage spaces.
(f) An adjusted daily sewage flow design rate shall be granted for permitted but not yet tributary connections and
future connections tributary to the system upon showing that the capacity of a sewage system is adequate to meet
actual daily wastewater flows from a facility included in Paragraph (b) or (c) of this Rule without causing flow
violations at the receiving wastewater treatment plant or capacity-related sanitary sewer overflows within the
collection system as follows:
(1) Documented, representative data from that facility or a comparable facility shall be submitted by
an authorized signing official in accordance with Rule .0106 of this Section to the Division for all
flow reduction requests, as follows:
(A) dates of flow meter calibrations during the time frame eva luated and indication if any
adjustments were necessary;
(B) a breakdown of the type of connections (e.g. two bedroom units, three bedroom units)
and number of customers for each month of submitted data as applicable. Identification
of any non-residential connections including subdivision clubhouses and pools,
restaurants, schools, churches and businesses. For each non-residential connection,
information identified in Paragraph (c) of this Rule (e.g. 200 seat church, 40 seat
restaurant, 35 person pool bathhouse);
(C) a letter of agreement from the owner or an official, meeting the criteria of Rule .0106 of
this Section, of the receiving collection system or treatment works accepting the
wastewater and agreeing with the adjusted design rate;
(D) age of the collection system;
(E) analysis of inflow and infiltration within the collection system or receiving treatment
plant, as applicable;
(F) if a dedicated wastewater treatment plant serves the specific area and is representative of
the residential wastewater usage, at least the 12 most recent consecutive monthly average
wastewater flow readings and the daily total wastewater flow readings for the highest
average wastewater flow month per customers, as reported to the Division;
(G) if daily data from a wastewater treatment plant cannot be used or is not representative of
the project area: 12 months worth of monthly average wastewater flows from the
receiving treatment plant shall be evaluated to determine the peak sewage month. Daily
wastewater flows shall then be taken from a flow meter installed at the most downstream
point of the collection area for the peak month selected that is representative of the
project area. Justification for the selected placement of the flow meter shall also be
provided; and
(H) an estimated design daily sewage flow rate shall be determined by calculating the
numerical average of the top three daily readings for the highest average flow month. The
calculations shall also account for seasonal variations, excessive inflow and infiltration ,
age and suspected meter reading and recording errors.
(2) The Division shall evaluate all data submitted but shall also consider other factors in granting,
with or without adjustment, or denying a flow reduction request including: applicable weather
conditions during the data period (i.e. rainy or drought), other historical monitoring data for the
particular facility or other similar facilities available to the Division, the general accuracy of
monitoring reports and flow meter readings, and facility usag e, such as whether the facility is in a
resort area.
(3) Flow increases shall be required if the calculations required by Subparagraph (f)(1) of this Rule
yield design flows higher than that specified in Paragraphs (b) or (c) of this Rule.
(4) The permittee shall retain the letter of any approved adjusted daily design flow rate for the life of
the facility and shall transfer such letter to a future permittee.

History Note: Authority G.S. 143-215.1; 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0115 OPERATIONAL AGREEMENTS
(a) Prior to issuance or reissuance of a permit pursuant to this Subchapter for a wastewater facility or sewer
extension as specified in G.S. 143-215.1(d1), a private applicant shall:
(1) demonstrate that the applicant has been designated as a public utility by the North Carolina
Utilities Commission and is authorized to provide service to the specific project area. This may be
a Certificate of Public Convenience and Necessity or letter from the Public Staff; or
(2) enter into and submit an executed Operational Agreement pursuant to G.S. 143 -215.1(d1) with the
Division.
(b) If the applicant is a developer of lots to be sold, an executed Operational Agreement shall be submitted with the
permit application. A copy of the Articles of Incorporation, Declarations, and By -laws, with the engineer's
certification, shall be submitted prior to operation of the permitted facilities to the Division, as requi red by 15A
NCAC 02T .0116.
(c) If the applicant is a legally formed Homeowners' or Property Owner's Association, an executed Operational
Agreement and a copy of the Articles of Incorporation, Declarations, and By -laws shall be submitted to the Division
with the permit application.

History Note: Authority G.S. 143-215.1(d1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0116 CERTIFICATION OF COMPLETION
(a) Prior to the operation of any sewer system, treatment works, utilization system, or disposal system for which an
individual permit has been issued in accordance with this Subchapter and the application prepared by licensed
professional, a certification shall be received by the Division from a professional certifying that the sewer system,
treatment works, utilization system, or disposal system has been installed in accordance with the rules, all minimum
design criteria except as noted, and approved plans and specifications. The professional certification shall be on
Division-approved forms completely filled out, where applicable, and submitted to the Division. For facilities with
phased construction or if there is a need to operate certain equipment under actual operating conditions prior to
certification, additional certification shall be required as follow-ups to the initial, pre-operation certification. The
Division may not acknowledge receipt of engineering certifications. The permittee and the professional shall track
the submittal of certifications.
(b) To transfer ownership of a sewer extension, a change of ownership request shal l be submitted on Division-
approved forms after certifying completion of the project.
(c) All deeds, easements, and encroachment agreements necessary for installation, operation, and maintenance of
the system shall be obtained prior to operation of the s ystem.
(d) The permittee shall maintain a copy of the individual permit and a set of final record drawings for the life of the
facility.

History Note: Authority G.S. 143-215.1;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0117 TREATMENT FACILITY OPERATION AND MAINTENANCE
(a) For facilities permitted under this Subchapter, the permittee shall designate an Operator in Responsible Charge
and a back-up operator as required by the Water Pollution Control System Operators Certification Commission
pursuant to 15A NCAC 08F .0200 and 15A NCAC 08G .0200.
(b) The Operator in Responsible Charge or a back-up operator when appropriate shall operate and visit the facility
as required by the Water Pollution Control System Operators Certification Commission pursuant to 15A NCAC 08F
.0200 and 15A NCAC 08G .0200.

History Note: Authority G.S. 143-215.3;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0118 DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES
No permits for sewer line extensions shall be issued to wastewater treatment systems owned or operated by
municipalities, counties, sanitary districts, or public utilities unless they meet the following requirements:
(1) Prior to exceeding 80 percent of the system's permitted hydraulic capacity (based on the average
flow during the last calendar year), the per mittee shall submit an engineering evaluation of their
future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for
meeting future wastewater treatment, utilization, or disposal needs by either expansion of the
existing system, elimination or reduction of extraneous flows, or water conservation and shall
include the source of funding for the improvements. If expansion is not proposed or is proposed
for a later date, a justification shall be made that wastewater treat ment needs will be met based on
past growth records and future growth projections and, as appropriate, shall include conservation
plans or other measures to achieve waste flow reductions.
(2) Prior to exceeding 90 percent of the system's permitted hydrauli c capacity (based on the average
flow during the last calendar year), the permittee shall obtain all permits needed for the expansion
of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit
final plans and specifications for expansion, including a construction schedule. If expansion is not
proposed or is proposed for a later date, a justification shall be made that wastewater treatment
needs will be met based on past growth records and future growth projections and, as appropriate,
shall include conservation plans or other specific measures to achieve waste flow reductions.
(3) The Director shall allow permits to be issued to facilities that are exceeding the 80 percent or 90
percent disposal capacity if the additional flow is not projected to result in the facility exceeding
its permitted hydraulic capacity, the facility is in compliance with all other permit limitations and
requirements, and adequate progress is being made in developing the required engineering
evaluations or plans and specifications. In determining the adequacy of the progress, the Director
shall consider the projected flows, the complexity and scope of the work to be completed, and any
projected environmental impacts.

History Note: Authority G.S. 143-215.3;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0119 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02T .0120 HISTORICAL CONSIDERATION IN PERMIT APPROVAL
(a) The Division shall consider an applicant's compliance history in accordance with G.S. 143-215.1(b)(4)b.2. and
with the requirements contained in this Rule for environmental permits and certifications issued pursuant to Article
21.
(b) When any of the following apply, permits for new and expanding facilities shall not be granted unless the
Division determines that the permit is specifically and solely needed for the construction of facilities to resolve non -
compliance with any environmental statute or rule:
(1) The applicant or any parent, subsidiary, or other affiliate of the applicant has been convicted of
environmental crimes under G.S. 143-215.6B or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B and all appeals of this conviction have been abandoned or
exhausted.
(2) The applicant or any parent, subsidiary, or other affiliate of the appli cant has previously
abandoned a wastewater treatment facility without properly closing the facility in accordance with
its permit or this Subchapter.
(3) The applicant or any parent, subsidiary, or other affiliate of the applicant has not paid a civil
penalty and all appeals of this penalty have been abandoned or exhausted.
(4) The applicant or any parent, subsidiary, or other affiliate of the applicant is currently not
compliant with any compliance schedule in a permit, settlement agreement, or order.
(5) The applicant or any parent, subsidiary, or other affiliate of the applicant has not paid an annual
fee in accordance with Rule .0105(e)(2) of this Section.
(c) Permits for renewing facilities shall not be granted if the applicant or any affiliation has not paid an annual fee in
accordance with Rule .0105(e)(2) of this Section.
(d) Any variance to this Rule shall be subject to approval by the Director and shall be based on the current
compliance status of the permittee's facilities and the magnitude of previous violations. Variance approval shall not
be delegated to subordinate staff.

History Note: Authority G.S. 143-215.1(b); 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

SECTION .0200 – WASTEWATER PUMP AND HAUL SYSTEMS

15A NCAC 02T .0201 SCOPE
This Section shall apply to all pump and haul activities of wastewater under the authority of the Division. This
Section shall not apply to the transport of animal waste from animal waste management systems permitted under
Section .1300 of this Subchapter and Section .1400 of this Subchapter. In addition, this Section shall not apply to the
transport of wastewater residuals or biosolids permitted under Section .1100 of this Subchapter or Section .1200 of
this Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0202 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02T .0203 PERMITTING BY REGULATION
(a) The following systems shall be deemed permitted pursuant to Rule .0113 of this Subchapter if the system meets
the criteria in Rule .0113 of this Subchapter and all criteria required for that system in this Rule:
(1) washwater from single-beverage kiosks and similar operations not regulated under the authority of
the Division of Public Health if the following criteria are met:
(A) the facility notifies the appropriate Division regional office in writing advising of the type
of operation, type and quantity of wastewater generated, and the receiving wastewater
treatment facility. A letter from the facility that is accepting the wastewater (typ e and
quantity) agreeing to accept wastewater from the applicant shall be included;
(B) the wastewater does not contain any human waste; and
(C) the waste is collected and discharged into a sewer or treatment system designed and
permitted to accept the type of wastewater being pumped and hauled.
(2) industrial wastewater if the following criteria are met:
(A) the facility notifies the appropriate Division regional office in writing advising of the type
of operation, type, and quantity of wastewater generated, the location of wastewater
generation, and the receiving wastewater treatment facility. A letter from the facility
accepting the wastewater (type and quantity) agreeing to accept wastewater from the
applicant shall be included;
(B) the wastewater does not contain any human waste;
(C) the waste is collected and discharged into a sewer or treatment system designed and
permitted to accept the type of wastewater being pumped and hauled;
(D) the pump and haul activity is not to alleviate a failing wastewater system; and
(E) the Division regional office concurs in writing that the activity meets the criteria in this
Rule.
(3) pumping and hauling of waste from sewer cleaning activities.
(b) The Director may determine that a system shall not be deemed permitted in accordance with this Rule and Rule
.0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0204 PERMITTING
(a) Permits for domestic wastewater shall only be issued in cases of environmental emergencies, nuisance
conditions such as odors and vectors, health problems, or for unavoidable delays in construction of systems
previously permitted under this Section. Applications for pump and haul permits for unavoidable construction delays
shall include documentation demonstrating the delay could not be avoided. Failure to complete construction prior to
the expiration of a pump and haul permit due to unavoidable construction delays shall subject the permittee to
enforcement action by the Division if the delay could have been avoided by payment of additional costs. The
permits shall be issued for a period of no more than six months unless the Director determines that con ditions are
such that the final waste management options cannot be implemented within six months.
(b) Applications shall include a letter from the facility accepting the wastewater, agreeing to accept both the type
and quantity of wastewater from the applicant for the proposed activity.
(c) Pump and haul facilities shall include at a minimum 24 hours storage equipped with high -water alarms.
(d) Permitted pump and haul facilities or activities under this rule shall be inspected at least daily by the permi ttee
or its representative.

History Note: Authority G.S. 143-215.1; 143-215.3(a.);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

SECTION .0300 - SEWER EXTENSIONS

15A NCAC 02T .0301 SCOPE
The rules in this Section shall apply to all sewer extensions, including gravity sewers, pump stations, force mains,
vacuum sewers, pressure sewers including septic tank effluent pump (STEP) systems, or alternative sewer systems
that discharge to another sewer s system, and to requirements for local delegated sewer extension permitting
programs.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0302 DEFINITIONS
(a) The following definitions shall apply in this Section:
(1) "Alternative sewer system" means any sewer system or collection system other than a gravity
system or standard pump station and force main. These include pressure sewer systems, septic
tank with effluent pump (STEP) sewer systems, vacuum sewer system, and small diameter
variable grade gravity sewers.
(2) "Building" means any structure occupied or intended for supporting or sheltering any occupancy.
(3) "Building drain" means that part of the lowest piping of a drainage system that receives the
discharge from soil, waste, and other drainage pipes that extends 10 feet beyond the walls of the
building and conveys the drainage to the building sewer.
(4) "Building sewer" means that part of the drainage system that extends from the end of the building
drain and conveys the discharge from a single building to a public gravity sewer, private gravit y
sewer, individual sewage disposal system, or other point of disposal.
(5) "Fast-track" means a permitting process whereby a professional engineer certifies that a sewer
design and associated construction documents conform to all applicable sewer related rules and
design criteria.
(6) "Pressure sewer system" means an interdependent system of grinder pump stations, typically for
residences, serving individual wastewater connections for single buildings that share a pressure
pipe with a diameter of 1.5 inches through 6 inches. Duplex or greater pump stations connected to
a common pressure pipe that can operate both independently and simultaneously with other pump
stations while maintaining operation of the system within the operating constraints shall be
excluded from the definition of a pressure sewer system.
(7) "Private sewer" means any part of a sewer system that collects wastewater from one building and
crosses another property or travels along a street right of way or from more than one building and
is not a public sewer.
(8) "Public sewer" means a sewer located in a dedicated public street, roadway, or dedicated public
right-of-way or easement that is owned or operated by any municipality, county, water or sewer
district, or any other political subdivision of the state authorized to construct or operate a sewer
system.
(9) "Sewer system" means pipelines or conduits, pumping stations including lift stations and grinder
stations, alternative systems, and appurtenant appliances used for conducting wastewater to a point
of ultimate treatment and disposal.
(10) "Small diameter, variable grade gravity sewer system" means a system of wastewater collection
using an interceptor tank to remove solids and grease from the waste stream. Flow is transferred to
the central gravity system in the public right-of-way by gravity or effluent pumps. With venting
and design, inflected gradients may also be accommodated.
(11) "Septic tank with effluent pump (STEP) system" means a pressure sewer system in which the
individual grinder pump is replaced with a septic tank and an effluent pump either in the second
chamber of the septic tank or in a separate pump tank that follows the septic tank.
(12) "Vacuum sewer system" means a mechanized system of wastewater collection using differ ential
air pressure to move the wastewater. Centralized stations provide the vacuum with valve pits
providing the collection point from the source and also the inlet air required to move the
wastewater. In conjunction with the vacuum pumps, a standard non-vacuum pump station and
force main is used to transport the wastewater from the vacuum tanks to a gravity sewer or
ultimate point of treatment and disposal.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0303 PERMITTING BY REGULATION
(a) The following systems shall be deemed permitted pursuant to Rule .0113 of this Subchapter if the system meets
the criteria in Rule .0113 of this Subchapter and all criteria required for that system in this Rule:
(1) a building sewer documented by the local building inspector to be in compliance with the North
Carolina State Plumbing Code and that serves a single building with the sole purp ose of conveying
wastewater from that building into a gravity sewer that extends onto or is adjacent to the building's
property. A building sewer that contributes more than five percent of the existing wastewater
treatment facility's design capacity or 50,000 gallons per day of flow as calculated using the
wastewater design flow rates in Rule .0114 of this Subchapter shall not commence operations until
a letter of agreement, meeting the requirements of 15A NCAC 02T .0304(g), has been submitted
to and approved by the regional office;
(2) a gravity sewer serving a single building with less than 600 gallons per day of flow as calculated
using rates in 15A NCAC 02T .0114 that crosses another property or parallels a right -of-way,
provided that:
(A) an easement for crossing another property is obtained, a map is created, and both are
recorded at the Register of Deeds office in the county of residence for both property
owners and runs with the land or, in the case of a building sewer traveling along a right -
of-way, documented permission from the dedicated right-of-way owner to use such right-
of-way;
(B) the building inspector certifies the sewer to the point of connection to the existing sewer
is in accordance with state or local plumbing code; and
(C) no other connections are made to the sewer without prior approval from the Division;
(3) a pump station and force main serving a single building with less than 600 gallons per day of flow
as calculated using the wastewater design flow rates in Rule .0114 of this Subchap ter provided
that:
(A) an easement for crossing another property is obtained, a map is created, and both are
recorded at the Register of Deeds office in the county of residence for both property
owners and runs with the land or, in the case of a force main traveling along a right-of-
way, documented permission form the dedicated right -of-way owner to use such right-of-
way;
(B) if a force main is used, it ties into a non-pressurized pipe, manhole or wetwell;
(C) the system is approved by the local building inspector as being in complete compliance
with the North Carolina Plumbing Code to the point of connection to the existing sewer;
and
(D) no other connections are made to the sewer without prior approval from the Division;
(4) the following sewer operations, provided that the work conforms to all rules, setbacks and design
standards; record drawings of the completed project are kept for the life of the project; and new
sources of wastewater flow, immediate or future, are not planned to be connected to the se wer
other than previously permitted but not yet tributary:
(A) rehabilitation or replacement of sewers of the same size and with the same horizontal and
vertical alignment;
(B) rehabilitation or replacement of public 6 -inch sewers with 8-inch sewers, provided that
the rehabilitation or replacement is to correct deficiencies and bring the sewer up to
current standards;
(C) line relocations of the same pipe size and within the same right-of-way or easement;
(D) parallel line installations of the same size and within the right-of-way or easement where
the existing line will be abandoned;
(E) point repairs; and
(F) in-place pump station repairs or upgrades that maintain permitted capacity to within five
percent of the original permitted capacity for pump replacement.
(b) The Director may determine that a system shall not be deemed permitted in accordance with this Rule and Rule
.0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0304 APPLICATION SUBMITTAL
(a) Applications for permits pursuant to this Section shall be made on forms provided by the Division which may be
found at https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/collection-
systems/sewer-extension-permitting.
(b) Applications shall not be submitted unless the permittee has assured downstream sewer capacity.
(c) For pressure sewers, vacuum sewers, STEP systems, and other alternative sewer systems discharging into a
sewer system, the Permittee, by certifying the permit application and receiving an issued permit, shall maintain in
operable condition all pumps, tanks, service laterals, and main lines as permitted, excluding the line from a building
to the septic or pump tank.
(d) For sewer extensions that have been designed in accordance with all applicable rules and design criteria, and if
plans, calculations, specifications, and other supporting documents have been sealed by a professional engineer,
application may be made according to the fast -track permitting process.
(e) An application for sewers involving an Environmental Assessment shall not be considered complete unti l either
a Finding of No Significant Impact or an Environmental Impact Statement and Record of Decision has been issued.
(f) Sewer systems for which the design criteria has not been developed or that do not meet all applicable rules and
design criteria shall be submitted for a full technical review using the official application form for those systems
which may be found at https://deq.nc.gov/about/divisions/water -resources/water-resources-permits/wastewater-
branch/collection- systems/sewer-extension-permitting.
(g) If the application is not submitted by the owner of the receiving collection system or treatment works, the
application shall include a letter of agreement from the owner or an official of the receiving collection system or
treatment works that accepts the wastewater and that meets the criteria if Rule .0106 of this Subchapter. In addition,
this letter shall:
(1) specifically refer to the project, regardless whether capacity has been purchased through an
intergovernmental agreement of contract;
(2) signify that the owner of the receiving collection system or treatment works has adequate capacity
to transport and treat the proposed new wastewater; and
(3) shall be dated within 12 months from the date of submitting the application.
This letter shall not obviate the need for the downstream sewer capacity calculations.

History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.67;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0305 DESIGN CRITERIA
(a) Sewer and sewer extensions shall not be constructed in the following areas:
(1) a natural area designated on the State Registry of Natural Heritage Areas by a protection
agreement between the owner and the Secretary, unless no prudent, feasible, or technologically
possible alternative exists; or,
(2) a natural area dedicated as a North Carolina Nature Preserve by mutual agreement between the
owner and State of North Carolina represented by the Governor and Council of State, unless the
Governor and Council of State agree that no prudent, feasible, or technologically possible
alternative exists;
(b) Engineering design documents. The following documents shall be prepared prior to submitting a permit
application to the Division. If submittal of such documents is not requested in the permitting process (i.e., fast -
track), they shall be available upon request by the Division. If required by G.S. 89C, a professional engineer shall
prepare these documents:
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated
December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes
practicing engineering under G.S. 89C.]
(1) a plan and profile of sewers, showing their proximity to other utilities and natural features such as
water supply lines, water lines, wells, storm drains, surface waters, wetlands, roads and other
trafficked areas;
(2) design calculations, including pipe and pump sizing, velocity, pump cycle times and level control
settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well
and force main, ability to flush low points in force mains with a pump cycle, and downstream
sewer capacity analysis; and
(3) sewer system specifications describing all materials to be used, methods of construction, and
means for assuring the quality and integrity of the finished project.
(c) All deeds, easements, and encroachment agreements necessary for installation, operation, and maintenance of
the system shall be obtained prior to operation of the system.
(d) There shall be no by-pass or overflow lines designed in any new sewer system except for valved piping and
appurtenances intended for emergency pumping operations.
(e) Two feet protection from a 100-year flood shall be provided unless there is a water-tight seal on all station
hatches and manholes, with control panels and vents extending two feet above the 100-year flood elevation.
(f) The following separations shall be provided from the sewer system to the listed feature except as allowed by
Paragraph (g) of this Rule:
Storm sewers and other utilities not listed below (vertical) 18 inches
Water mains (vertical-water over sewer including in benched trenches) 18 inches
or (horizontal) 10 feet
Reclaimed water lines (vertical – reclaimed over sewer) 18 inches
or (horizontal) 2 feet
Any private or public water supply source consisting of wells, WS-I waters, Class I, Class II, or Class III
reservoirs used as a source of drinking water 100 feet
Waters classified WS-II, WS-III, WS-IV, B, SA, ORW, HQW, or SB from normal high water or tide
elevation, wetlands that are directly abutting these waters, and wetlands classified as UWL or SWL
50 feet
Any other stream, lake, impoundment, wetlands classified as WL, waters classified as C, SC, or WS -V, or
ground water lowering and surface drainage ditches 10 feet
Any building foundation 5 feet
Any basement 10 feet
Top slope of embankment or cuts of 2 feet or more vertical height 10 feet
Drainage systems and interceptor drains 5 feet
Any swimming pool 10 feet
Final earth grade (vertical) 36 inches
(g) The following separations shall be permitted if separations in Paragraph (f) of this Rule cannot be achieved,
provided that nothing in this Paragraph shall supersede the allo wable alternatives provided in the Commission for
Public Health Public Water Supply Rules (15A NCAC 18C), Commission for Public Health Sanitation Rules (15A
NCAC 18A) or the Groundwater Protection Rules (15A NCAC 02L and 15A NCAC 02C) that pertain to the
separation of sewer systems from water mains or public or private wells:
(1) for storm sewers, engineering solutions such as ductile iron pipe or structural bridging to prevent
crushing the underlying pipe;
(2) for public or private wells, piping materials, testing methods, and acceptability standards meeting
water main standards shall be used where these separations cannot be maintained. All
appurtenances shall be outside the 100-foot radius of the well. The separation shall however not be
less than 25 feet from a private well or 50 feet from a public well;
(3) for public water main horizontal or vertical separations, alternatives as described in 15A NCAC
18C .0906;
(4) for less than 36-inches cover from final earth grade, ductile iron pipe shall be required in any
alternative. Ductile iron pipe or other pipe with proper bedding to develop design supporting
strength shall be provided where sewers are subject to traffic bearing loads; and
(5) for all other separations, materials, testing methods, and acceptability standards meeting water
main standards (15A NCAC 18C) shall be required in any alternative.
(h) The following criteria shall be met for all pumping stations and force mains:
(1) Pump Station Reliability:
(A) Pump stations shall be designed with multiple pumps such that peak flow can be pumped
with the largest pump out of service. Simplex pump stations, which are pump stations
with only one pump, shall serve only a single building with an average daily design flow
less than or equal to 600 gallons per day as calculated using Rule .0114 of this
Subchapter.
(B) A standby power source or pump shall be required at all pump stations except for simplex
pump stations. Controls shall be provided to automatically activate the standby source
and signal an alarm condition.
(C) As an alternative to Part (B) of this Subparagraph for pump stations with an average daily
design flow less than 15,000 gallons per day as calculated using Rule .0114 of this
Subchapter, a portable power source or pumping capability may be used. The portable
source shall be owned or contracted by the permittee and shall be compatible with the
station. If the portable power source or pump is dedicated to multiple pump stations, an
evaluation of all the pump stations' storage capacities and the rotation schedule of the
portable power source or pump in a multiple station power outage, including travel
timeframes, shall be provided.
(D) Simplex pump or vacuum stations connecting a single building to a sewer system shall
provide 24-hours worth of wastewater storage or shall provide storage in excess of that
needed during the greatest power outage over the last three years or the documented
response time to replace a failed pump, whichever is greater. Documentation of
wastewater storage shall be provided with the permit application. In no case shall less
than 6 hours worth of wastewater storage be provided above the pump -on level.
(E) All pump stations designed for two pumps or more shall have a telemetry system to
provide remote notification of a problem condition, including power failure and high
water alarm.
(F) All pump stations shall have a high water audio and visual alarm.
(2) Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24 -
hour emergency number, and instructions to call in case of emergency. Simplex pump or vacuum
stations serving a single-family residence shall have a placard or sticker placed inside the control
panel with a 24-hour emergency contact number.
(3) Wet wells shall be equipped with screened vents.
(4) The public shall be restricted from access to the site and equipment.
(5) Air relief valves shall be provided at all high points along force mains where the vertical distance
exceeds ten feet.
(i) The following criteria shall be met for gravity sewers:
(1) public gravity sewers shall be equipped with a minimum eight inch diameter pipe and private
gravity sewers shall be equipped with a minimum six inch diameter pipe;
(2) the maximum separation between manholes shall be 425 feet unless documentation is submitted
with the application that the owner has the capability to perform routine cleaning and maintenance
of the sewer at the specified manhole separation; and
(3) drop manholes shall be provided where invert separations exceed 2.5 feet .
(j) The following criteria shall be met for low pressure sewers, vacuum sewers, STEP, and other alternative sewers
discharging into another sewer system:
(1) Hydraulic modeling of the system shall be submitted using the statistically projected number of
pumps running at one time. If computer modeling is provided by a pump manufacturer, it shall be
indicated and shall be considered part of the design calculations pursuant to Subparagraph (b)(2)
of this Rule.
(2) Simplex pump stations shall only serve a single building with an average daily design flow less
than 600 gallons per day as calculated using Rule .0114 of this Subchapter. All other buildings
connected to the system shall at a minimum have duplex pumps.
(3) Septic tanks shall adhere to the standards established in 15A NCAC 18A .1900.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018;
Amended Eff. April 1, 2021.

15A NCAC 02T .0306 LOCAL PROGRAMS FOR SEWER SYSTEMS
(a) Jurisdiction. Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of
municipalities and counties may apply to the Commission for certification of local programs for permitting
construction, modification, and operation of public and private sewer systems in their utility service areas pursuant
to G.S. 143-215.1(f). Permits issued by certified local programs serve in place of permits issued by the Division
except for projects involving an Environmental Impact Statement, projects that do not meet all applicable sewer
related rules and minimum design criteria, or if the certified local program has not been certified such as alternative
sewer systems, which shall continue to be permitted by the Division. The Division may choose to cede permitting
authority to the certified local program after review of Environmental Assessment projects and issua nce of a Finding
of No Significant Impact.
(b) An application for certification of a local program shall provide adequate information to assure compliance with
the requirements of G.S. 143-215.1 (f) and the following requirements:
(1) Applications for certified local programs shall be submitted to the Director.
(2) The program application shall include:
(A) the intended permit application forms;
(B) permit shells;
(C) design criteria and specifications;
(D) sewer ordinance;
(E) flow chart of permitting;
(F) staffing;
(G) inspection and certification procedures;
(H) intended permit application fees; and
(I) downstream capacity assurance methods.
The applicant shall specify in a cover letter which permits the certified local program desires to
issue. The options are any of the following: gravity sewers, pump stations, force mains, or
pressure sewers. The applicant shall also specify whether these permits will be issued to sewer
systems that are publicly or privately owned.
(3) Local ordinances and rules governing processing permit applications, setting permit requirements,
enforcement, and penalties shall be compatible with rules and statutes governing permits issued by
the Division.
(4) If the treatment and disposal system receiving the wastewater from the s ewer line extension
permitted under the certified local program is under the jurisdiction of another local unit of
government, the program application shall contain a written statement from the other local unit of
government that the proposed program compl ies with all its requirements and that the applicant
has entered into a satisfactory contract that assures continued compliance.
(5) All future amendments to the requirements of this Section shall be incorporated into certified local
program within 60 days of the effective date of the amendments.
(6) A Professional Engineer shall be on the staff of the certified local program or be retained as a
consultant to review unusual situations or designs and to answer questions that arise in the review
of proposed projects.
(7) Each project permitted by the certified local program shall be inspected for compliance with the
requirements of the certified local program at least once during construction.
(c) Approval of Certified Local Programs. The staff of the Division shall acknowledge receipt of an application for
a certified local program in writing, review the application, notify the applicant of additional information that may
be required, and make a recommendation to the Commission regarding certification of the proposed certified local
program.
(d) Conditions of Local Program Approval. Once approved by the Commission, the certified local program shall
adhere to the following:
(1) Adequacy of Receiving Facilities. Certified local programs shall not issue a permit for a sewer
project that would increase the flow or change the characteristics of waste to a treatment works or
sewer system unless the certified local program has received a written determination from the
Division that, pursuant to G.S. 143-215.67 (a), the treatment works or sewer system can
adequately treat the waste. The Division staff may, when appropriate, provide one written
determination that covers all local permits for domestic sewage sewer projects with total increased
flow to a particular treatment works less than a specified amount and that are issued within a
specified period of time. The certified local program shall not issue a permit for additional
wastewater if the receiving wastewater treatment is in noncompliance with its Division issued
permit unless the additional flow is allowed as part of a special order pursuant to G.S. 143 -215.2.
The certified local program shall not issue a permit for additional wastewater without
documenting capacity assurance along the tributary wastewater path to the wastewater treatment
plant.
(2) All permitting actions shall be summarized and submitted to the Division and the appropriate
Division Regional Office annually on Division forms unless more frequent reporting is required
by the Division. The report shall also provide a listing and summary of all enforcement actions
taken or pending during the reporting period. The report shall be submitted by February 1 of each
year. Reporting forms are available at: https://deq.nc.gov/about/divisions/water-resources/water-
resources-permits/wastewater-branch/collection-systems/local-programs.
(3) A copy of all program documents, such as specifications, permit applications, permit shells, shell
certification forms, and ordinance pertaining to permitting, shall be submitted to the Division
annually along with a summary of all other program changes. Program changes shall include
staffing changes, processing fees, and ordinance revisions. After initial submittal of such
documents and if no further changes occur in subsequent years, a letter stating such may be
submitted in lieu of the required documentation.
(4) Modification of a Certified Local Program. Modifications to certified local programs, including
the expansion of permitting authority, shall not be required to be approved by the Commission, but
shall be subject to approval by the Director.
(e) Appeal of Local Decisions. Appeal of individual permit denials or issuance with conditions the permit applicant
finds unacceptable shall be made according to the approved local ordinance. The Commission shall not consider
individual permit denials or issuance with conditions to which a permittee objects. This Paragraph does not alter the
enforcement authority of the Commission as specified in G.S. 143-215.1(f).
(f) The Division may audit the certified local program for compliance with this Rule and with G.S. 143 -215.1(f) at
any time with a scheduled appointment with the certified local program.
(g) The Division shall maintain a list of all local units of government with certified local programs and make copies
of the list available to the public upon request and payment of reasonable costs for reproduction. The list may be
obtained from the Division.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

SECTION .0400 – SYSTEM-WIDE COLLECTION SYSTEM PERMITTING

15A NCAC 02T .0401 SCOPE
The rules of this Section shall apply to system-wide collection systems pursuant to G.S. 143-215.9B, governing the
issuance of system-wide permits for collection systems relating to operation and maintenance of sewers, pump
stations, force mains, and all appurtenances.

History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0402 DEFINITIONS
The following definitions shall apply in this Section:
(1) "Collection system" means a public or private sewer system that conveys wastewater to a
designated wastewater treatment facility or separately-owned sewer system. For purposes of
permitting, the collection system shall include any existing or newly installed sewer system
extension up to the wastewater treatment facility property or point of c onnection with a separately-
owned sewer system.
(2) "High-priority sewer" means any aerial sewer, sewer contacting surface waters, siphon, sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the
sewer, or sewer designated as a high priority in a Division-issued permit if the sewer does not
meet minimum design requirements.

History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0403 PERMITTING BY REGULATION
(a) Collection systems having an actual, permitted or Division-approved average daily flow less than 200,000
gallons per day shall be deemed permitted, pursuant to Rule .0113 of this Subchapter if the system meets the criteria
in Rule .0113 of this Subchapter and all criteria required in this Rule:
(1) The collection system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters and to prevent any contravention of groundwater standards or
surface water standards.
(2) A map of the collection system shall have been developed and shall be maintained.
(3) An operation and maintenance plan, including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory, and overflow response shall have been developed
and implemented.
(4) Pump stations that are not connected to a telemetry system shall be inspected by the permittee or
its representative every day, 365 days per year, unless the permittee demonstrates that daily
inspections are not necessary because the pump station has sufficient storage capacity, above the
elevation at which the pump activates, to justify a longer inspection interval. In no case shall the
inspection interval exceed seven days. Pump stations that are connected to a telemetry system
shall be inspected once per week.
(5) High-priority sewers shall be inspected by the permittee or its representative once every six-
months, and inspections shall be documented.
(6) A general observation by the permittee or its representative of the entire collection system shall be
conducted once per year.
(7) Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 02B .0506(a), and public notice shall be provided as required by G.S. 143 -
215.1C.
(8) A Grease Control Program shall be in place as follows:
(A) For publicly owned collection systems, the Grease Control Program shall include bi-
annual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors for new construction and retrofit and if
necessary, of grease interceptors at existing establishme nts. The plan shall also include
legal means for inspections of the grease interceptors, enforcement for violators and the
legal means to control grease entering the system from other public and private satellite
collection systems.
(B) For privately owned collection systems, the Grease Control Program shall include bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
(C) Grease education materials shall be distributed more often than required in Parts (A) and
(B) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
(9) Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
(10) Documentation of compliance with Subparagraphs (a)(1) through (a)(9) of this Rule shall be
maintained by the collection system owner for three years with the exception of the map, which
shall be maintained for the life of the system.
(b) Private collection systems on a single property serving an industrial facility from which the domestic wastewater
contribution is less than 200,000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system shall not be deemed to be permitted i n accordance with this
Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this
Subchapter.

History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0404 MULTIPLE COLLECTION SYSTEMS UNDER COMMON OWNERSHIP
If a public entity owns multiple but separate collection systems, such as those that are tributary to separate plants,
and any one is subject to an individual permit, all of the collection systems shall be covered by one permit. This
shall not be applicable to public utilities authorized to operate by the North Carolina Utilities Commission that own
several individual systems within the state.

History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0405 IMPLEMENTATION
(a) Permit applications for the initial issuance of a collection system permit shall be completed and submitted to the
Division within 60 days of the collection system owner's certified mail receipt of the Division's request for
application submittal. Permit renewal requests shall be submitted to the Director at least 180 days prior to expiration,
unless the permit has been revoked in accordance with 15 A NCAC 02T .0110, a request has been made to rescind
the permit, or the Director extends this deadline after a request from the permittee and based on factors such as the
degree of delay in submission of the application or conditions out of the control of the permittee. All applications
shall be submitted in duplicate, completed on official forms, and fully executed. Application forms are available at:
https://deq.nc.gov/about/divisions/water -resources/water-resources-permits/wastewater-branch/collection-
systems/system-wide-collection-system-permitting.
(b) Collection systems subject to an individual permit shall comply with the standards in Rule .0403 of this Section
and with conditions contained in an individual permit.

History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

SECTION .0500 – WASTEWATER IRRIGATION SYSTEMS

15A NCAC 02T .0501 SCOPE
The rules in this Section shall apply to all surface irrigation of wastewater systems not otherwise specifically
governed by other rules of this Subchapter. Surface irrigation of wastewater shall include spray irrigation, drip
irrigation, and any other application of wastewater to the ground surface.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0502 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02T .0503 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02T .0504 APPLICATION SUBMITTAL
(a) The requirements in this Rule shall apply to all new and expanding facilities.
(b) Soils report. A soil evaluation of the disposal site shall be provided to the Division by the applicant in a report
that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
(1) a field description of the soil profile, based on examinations of excavation pits or auger borings,
within seven feet of land surface or to bedrock, describing the following parameters by individual
diagnostic horizons:
(A) the thickness of the horizon;
(B) the texture;
(C) the color and other diagnostic features;
(D) the structure;
(E) the internal drainage;
(F) the depth, thickness, and type of restrictive horizon; and
(G) the presence or absence and depth of evidence of any seasonal high water table.
Applicants shall dig pits when necessary for evaluation of the soils at the site;
(2) recommendations concerning loading rates of liquids, solids, other wastewater constituents, and
amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated
hydraulic conductivity in the most restrictive horizon for each soil mapping unit. Maximum
irrigation precipitation rates shall be provided for each soil mapping unit;
(3) a field-delineated soil map delineating soil mapping units within each land application site and
showing all physical features, location of pits and auger borings, legends, scale, and a north arrow.
The legends shall also include dominant soil series name and family or higher taxonomic class for
each soil mapping unit; and
(4) a Standard Soil Fertility Analysis conducted on each land application site. The Standard Soil
Fertility Analysis shall include the following parameters:
(A) acidity;
(B) base saturation (by calculation);
(C) calcium;
(D) cation exchange capacity;
(E) copper;
(F) exchangeable sodium percentage (by calculation);
(G) magnesium;
(H) manganese;
(I) percent humic matter;
(J) pH;
(K) phosphorus;
(L) potassium;
(M) sodium; and
(N) zinc.
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005,
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.]
(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents.
The following documents shall be provided to the Division by the applicant:
(1) engineering plans for the entire system, including treatment, storage, application, and disposal
facilities and equipment except those previously permitted unless those previously permitted are
directly tied into the new units or are necessary to understanding the complete process;
(2) specifications describing materials to be used, methods of construction, and means for ensuring
quality and integrity of the finished product, including leakage testing; and
(3) engineering calculations, including hydraulic and pollutant loading for each treatment unit,
treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head, and
system curve analysis for each pump, buoyancy calculations, and irrigation design .
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated
December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes
practicing engineering pursuant to G.S. 89C.]
(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on
boundaries and physical features not under the purview of other licensed professions. Site plans or maps shall be
provided to the Division by the applicant depicting the location, orientation, and relationship of facility components
including:
(1) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of
total site relief, showing:
(A) all facility-related structures and fences within the treatment, storage, and disposal areas;
and
(B) soil mapping units on all disposal sites;
(2) the location of each of the following that are located within 500 feet of a waste treatment, storage,
or disposal site, including a delineation of their review and compliance boundaries:
(A) wells, including usage and construction details if available;
(B) ephemeral, intermittent, and perennial streams;
(C) springs;
(D) lakes;
(E) ponds; and
(F) other surface drainage features;
(3) setbacks as required by Rule .0506 of this Section; and
(4) site property boundaries within 500 feet of all waste treatment, storage, and disposal sites.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via lett er dated
December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed
professions, on maps pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.]
(e) Hydrogeologic report. A hydrogeologic description prepared by a Licensed Geologist, Licensed Soil Scientist,
or Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively, shall be provided to the Division by
the applicant for systems treating industrial waste and any s ystem with a design flow over 25,000 gallons per day.
Industrial facilities with a design flow less than 25,000 gallons per day of wastewater that demonstrate that the
effluent will be of quality similar to domestic wastewater, including effluent requireme nts established in 15A NCAC
02T .0505(b)(1), shall, upon request, be exempted from this requirement. The hydrogeologic evaluation shall be of
the subsurface to a depth of 20 feet or bedrock, whichever is less deep. An investigation to a depth greater than 20
feet shall be required if the respective depth is used in predictive calculations. This evaluation shall be based on
sufficient numbers, locations, and depths of borings to define the components of the hydrogeologic evaluation. In
addition to borings, other techniques may be used to investigate the subsurface conditions at the site, including
geophysical well logs, surface geophysical surveys, and tracer studies. This evaluation shall be presented in a report
that includes the following components:
(1) a description of the regional and local geology and hydrogeology;
(2) a description, based on field observations of the site, of the site topographic setting, streams,
springs and other groundwater discharge features, drainage features, existing and abandoned wells,
rock outcrops, and other features that may affect the movement of the contaminant plume and
treated wastewater;
(3) changes in the lithology underlying the site;
(4) the depth to bedrock and the occurrence of any rock outcrops;
(5) the hydraulic conductivity and transmissivity of the affected aquifer as determined by in-situ field
testing, such as slug tests or pumping tests, in the intended area of irrigation;
(6) the depth to the seasonal high water table;
(7) a discussion of the relationship between the affected aquifers of the site to local and regional
geologic and hydrogeologic features;
(8) a discussion of the groundwater flow regime of the site prior to the operation of the proposed
facility and the post operation of the proposed facility, focusing on the relationship of the system
to groundwater receptors, groundwater discharge features, and groundwater flow media; and
(9) if the seasonal high water table is within six feet of the surface, a mounding analysis to predict the
level of the seasonal high water table after wastewater application.
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board
for Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina B oard of Examiners for
Engineers and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic
description documents pursuant to this Paragraph constitutes practicing geology pursuant to G.S. 89E, soil science
pursuant to G.S. 89F, or engineering pursuant to G.S. 89C.]
(f) Property Ownership Documentation shall be provided to the Division by the applicant consisting of:
(1) legal documentation of ownership, such as a contract, deed, or article of incorporation;
(2) an agreement of an intent to purchase the property that is written, notarized, and signed by both
parties, accompanied by a plat or survey map; or
(3) an agreement to lease the property that is written, notarized, and signed by both parties, indicating
the intended use of the property, accompanied by a plat or survey map. Lease agreements shall
adhere to the requirements of 15A NCAC 02L .0107.
(g) Public utilities shall submit to the Division a Certificate of Public Convenience and Necessity or a letter from
the NC Utilities Commission stating that it has received a franchise application.
(h) A chemical analysis of the typical wastewater to be irrigated shall be provided to the Division by the applicant
for industrial waste, which shall include:
(1) total organic carbon;
(2) 5-day biochemical oxygen demand (BOD5);
(3) chemical oxygen demand (COD);
(4) nitrate nitrogen (NO3-N);
(5) ammonia nitrogen (NH3-N);
(6) total kjeldahl nitrogen (TKN);
(7) pH;
(8) chloride;
(9) total phosphorus;
(10) phenol;
(11) total volatile organic compounds;
(12) fecal coliform;
(13) calcium;
(14) sodium;
(15) magnesium;
(16) sodium adsorption ratio (SAR);
(17) total trihalomethanes; and
(18) total dissolved solids.
(i) A project evaluation and a receiver site agronomic management plan (if applicable) and recommendations
concerning cover crops and their ability to accept the proposed application rates of liquid, solids, minerals, and other
constituents of the wastewater shall be provided to the Division by the applicant.
(j) A Residuals Management Plan as required by Rule .0508(a) of this Section shall be provided to the Division by
the applicant.
(k) The applicant shall provide to the Division a water balance that determines the required effluent storage based
on the most limiting factor from the following:
(1) hydraulic loading based on the most restrictive horizon;
(2) hydraulic loading based on the groundwater mounding analysis;
(3) nutrient management based on agronomic rates for the specified cover crop; or
(4) nutrient management based on crop management.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0505 DESIGN CRITERIA
(a) The requirements in this Rule shall apply to all new and expanding facilities.
(b) New and expanding systems:
(1) that are municipal, domestic, or commercial facilities, except systems subject to Subparagraph
(b)(2) of this Rule, shall meet a monthly average of each of the following:
(A) five-day biochemical oxygen demand (BOD5) ≤ 30 mg/L;
(B) total suspended solids (TSS) ≤ 30 mg/L;
(C) ammonia (NH3-N) ≤ 15 mg/L; and
(D) fecal coliforms ≤ 200 colonies/100 mL;
(2) with lagoon treatment systems, except those permitted as new under Subparagraph (b)(1) of this
Rule, shall meet a monthly average of each of the following:
(A) five-day biochemical oxygen demand (BOD5) ≤ 30 mg/L;
(B) total suspended solids (TSS) ≤ 90 mg/L; and
(C) fecal coliforms ≤ 200 colonies/100 mL; or
(3) that are not described in Subparagraphs (b)(1) and (b)(2) of this Rule shall meet treatment
standards that assure that surface water or groundwater standards will not be exceeded.
(c) All wastes shall be applied at agronomic rates unless predictive calculations are provided that demonstrate State
groundwater standards will be protected.
(d) All open-atmosphere treatment lagoons and ponds and open-atmosphere storage units shall have at least two feet
of freeboard.
(e) Waste, including treated waste, shall not be placed directly into, or in contact with, GA classified groundwater
unless such placement will not result in a contravention of GA groundwater standards, as demonstrated by predictive
calculations or modeling.
(f) Treatment works and disposal systems using earthen basins, lagoons, ponds, or trenches, excluding holding
ponds containing non-industrial treated effluent prior to irrigation, for treatment, storage, or disposal, shall have
either a liner of natural material at least one foot in thickness and having a hydraulic conductivity of no greater than
1 x 10-6 centimeters per second when compacted, or a synthetic liner of sufficient thickness to exhibit structural
integrity and an effective hydraulic conductivity no greater than that of the natural material liner.
(g) The bottoms of earthen impoundments, trenches, or other similar excavations shall be at least four feet above the
bedrock surface, except that the bottom of excavations that are less than four feet above bedrock shall have a liner
with a hydraulic conductivity no greater than 1 x 10 -7 centimeters per second. Liner thickness shall be that thickness
necessary to achieve a leakage rate consistent with the sensitivity of classified groundwaters. Liner requirements
may be reduced if the applicant demonstrates through predictive calculations or modeling that construction and use
of these treatment and disposal units will not result in contravention of surface water or groundwater standards.
(h) Impoundments, trenches, or other excavations made for the purpose of storing or treating waste shall not be
excavated into bedrock unless the placement of waste into such excavations will not result in a contravention of
surface water or groundwater standards, as demonstrated by predictive calculations or modeling.
(i) Each facility, except for those using septic tanks or lagoon treatment, shall provide flow equalizat ion with either
a capacity based upon a representative diurnal hydrograph or a capacity of 25 percent of the daily system design
flow.
(j) By-pass and overflow lines shall be prohibited.
(k) Multiple pumps shall be provided wherever pumps are used.
(l) Power reliability shall be provided, consisting of:
(1) automatically activated standby power supply, located onsite, and capable of powering all
essential treatment units under design conditions; or
(2) approval by the Director that the facility:
(A) serves a private water distribution system that has automatic shut -off at power failure and
no elevated water storage tanks;
(B) has sufficient storage capacity that no potential for overflow exists; and
(C) can tolerate septic wastewater during prolonged detention.
(m) A water-tight seal on all treatment and storage units or two feet of protection from the 100 -year flood elevation
shall be provided.
(n) Irrigation system design shall not exceed the recommended precipitation rates established in the soils r eport
prepared pursuant to Rule .0504 of this Section.
(o) 30 days of residual storage shall be provided.
(p) Disposal areas shall be designed to maintain a one -foot vertical separation between the seasonal high water table
and the ground surface.
(q) The public shall be prohibited access to the treatment, storage, and irrigation facilities.
(r) Influent pump stations shall meet the sewer design criteria set forth in Section .0300 of this Subchapter.
(s) Septic tanks shall adhere to the standards established in 15A NCAC 18A .1900.
(t) Facilities shall be provided with a flow meter to measure the volume of treated wastewater applied to each field.
(u) Coastal waste treatment facilities, defined in 15A NCAC 02H .0403, shall be equipped with noise and o dor
control devices that shall be enclosed.
(v) For coastal waste treatment facilities, defined in 15A NCAC 02H .0403, all essential treatment and disposal
units shall be provided in duplicate.
(w) Facilities serving residential communities shall provide five days of effluent storage unless additional storage is
determined to be necessary pursuant to the water balance requirements in Rule .0504(k) of this Section,
(x) Automatically activated irrigation systems shall be connected to a rain or moisture sen sor to prevent irrigation
during precipitation events or wet conditions that would cause runoff.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0506 SETBACKS
(a) The setbacks for irrigation sites shall be as follows:
Spray Drip
(feet) (feet)
Each habitable residence or place of assembly under separate ownership
or not to be maintained as part of the project site 400 100
Each habitable residence or place of assembly owned by the
permittee to be maintained as part of the project site 200 15
Each private or public water supply source 100 100
Surface waters such as intermittent and perennial streams, perennial waterbodies,
and wetlands 100 100
Groundwater lowering ditches where the bottom of the ditch intersects
the SHWT 100 100
Surface water diversions such as ephemeral streams, waterways, and ditches 25 25
Each well with exception of monitoring wells 100 100
Each property line 150 50
Top of slope of embankments or cuts of two feet or more in vertical height 15 15
Each water line from a disposal system 10 10
Subsurface groundwater lowering drainage systems 100 100
Public right of way 50 50
Nitrification field 20 20
Each building foundation or basement 15 15
(b) The setbacks for treatment and storage units shall be as follows: (feet)
Each habitable residence or place of assembly under separate ownership
or not to be maintained as part of the project site 100
Each private or public water supply source 100
Surface waters such as intermittent and perennial streams, perennial waterbodies,
and wetlands 50
Each well with exception of monitoring wells 100
Each property line 50
(c) Achieving the reclaimed water effluent standards established in 15A NCAC 02U .0301 shall permit the system
to use the setbacks set forth in 15A NCAC 02U .0701(d) for property lines, and the compliance boundary shall be at
the irrigation area boundary.
(d) Setback waivers shall be written, notarized, signed by all parties involved, and recorded with the county
Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107.
(e) Setbacks to property lines established in Paragraphs (a) and (b) of this Rule shall not be applicable if the
permittee, or the entity from which the permittee is leasing, owns both parcels separated by the property line.
(f) Habitable residences or places of assembly under separate ownership constructed after the non -discharge
facilities were originally permitted or subsequently modified are exempt from the setback requirements in
Paragraphs (a) and (b) of this Rule.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. June 18, 2011;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0507 OPERATION AND MAINTENANCE
(a) An operation and maintenance plan shall be maintained for all systems. The plan shall:
(1) describe the operation of the system in sufficient detail to show what operations are necessary for
the system to function and by whom the operations are to be conducted;
(2) describe the anticipated maintenance of the system;
(3) include provisions for safety measures, including restriction of access to the site and equipment, as
appropriate; and
(4) include spill control provisions, including:
(A) response to upsets and bypasses, including control, containment, and remediation; and
(B) contact information for plant personnel, emergency responde rs, and regulatory agencies.
(b) Irrigation areas shall have a year -round vegetative cover.
(c) Irrigation shall not result in ponding or runoff of treated effluent.
(d) Irrigation and metering equipment shall be tested and calibrated annually or as established by permit.
(e) Vehicles and heavy machinery shall not be allowed on the irrigation area except during installation or
maintenance activities.
(f) Water level gauges shall be provided for all open-atmosphere treatment lagoons and ponds and open-atmosphere
storage units.
(g) Vegetative cover shall be maintained on all earthen embankments.
(h) The permittee shall keep a log of maintenance activities that occur at the facility.
(i) The permittee shall perform inspections and maintenance to ensure proper operation of the facility.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readoption Eff. September 1, 2018.

15A NCAC 02T .0508 RESIDUALS MANAGEMENT
(a) A Residuals Management Plan shall be maintained for all systems that generate residuals. The plan shall include
the following:
(1) a detailed explanation as to how the residuals will be collected, handled, processed, stored, and
disposed;
(2) an evaluation of the residuals storage requirements for the treatment facility, based upon the
maximum anticipated residuals production rate and the ability to remove residuals;
(3) a permit for residuals management or a written commitment to the permittee of a Department-
approved residuals management program accepting the residuals that demonstrates that the
approved program has adequate capacity to accept the residuals or that an application for approval
has been submitted; and
(4) if oil, grease, grit, or screenings removal and collection is a designed unit process, a detailed
explanation as to how these materials will be collected, handled, processed, stored, and disposed.
(b) The permittee shall maintain a record of all residuals removed from the facility.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

SECTION .0600 – SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEMS

15A NCAC 02T .0601 SCOPE
The rules in this Section shall apply to all surface irrigation of wastewater systems designed for one building single-
family residences. One building single -family residences generating and utilizing reclaimed water shall meet
requirements established in 15A NCAC 02U. Surface irrigation systems serving single -family residences shall be
deemed to be ground absorption systems in accordance with 15A NCAC 02L .0107.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0602 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02T .0603 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02T .0604 APPLICATION SUBMITTAL
(a) The requirements in this Rule shall apply to all new and expanding facilities.
(b) Soils report. A soil evaluation of the disposal site shall be provided to the Division by the applicant in a report
that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
(1) a field description of the soil profile, based on examinations of excavation pits and a uger borings,
within seven feet of land surface or to bedrock, describing the following parameters by individual
diagnostic horizons:
(A) the thickness of the horizon;
(B) the texture;
(C) the color and other diagnostic features;
(D) the structure;
(E) the internal drainage;
(F) the depth, thickness, and type of restrictive horizon; and
(G) the presence or absence and depth of evidence of any seasonal high water table.
Applicants may be required to dig pits when necessary for proper evaluation of the soils at the site.
(2) recommendations concerning loading rates of liquids, solids, other wastewater constituents, and
amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated
hydraulic conductivity in the most restrictive ho rizon for each soil mapping unit. Maximum
irrigation precipitation rates shall be provided for each soil mapping unit.
(3) a field-delineated soil map delineating soil mapping units within each land application site and
showing all physical features, location of pits and auger borings, legends, scale, and a north arrow.
The legends shall also include dominant soil series name and family or higher taxonomic class for
each soil mapping unit; and
(4) a Standard Soil Fertility Analysis conducted on each land ap plication site. The Standard Soil
Fertility Analysis shall include the following parameters:
(A) acidity;
(B) base saturation (by calculation);
(C) calcium;
(D) cation exchange capacity;
(E) copper;
(F) exchangeable sodium percentage (by calculation);
(G) magnesium;
(H) manganese;
(I) percent humic matter;
(J) pH;
(K) phosphorus;
(L) potassium;
(M) sodium; and
(N) zinc.
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005,
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.]
(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents.
The following documents shall be provided to the Division by the applicant:
(1) engineering plans for the entire system, including treatment, storage, application, and disposal
facilities and equipment except those previously permitted unless those previously permitted a re
directly tied into the new units or are necessary to understanding the complete process;
(2) specifications describing materials to be used, methods of construction, and means for ensuring
quality and integrity of the finished product, including leakage testing; and
(3) engineering calculations, including hydraulic and pollutant loading for each treatment unit,
treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head, and
system curve analysis for each pump, buoyancy calculations, and irrigation design.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated
December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes
practicing engineering pursuant to G.S. 89C.]
(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on
boundaries and physical features not under the purview of other licensed professions. Site plans or maps sha ll be
provided to the Division by the applicant depicting the location, orientation, and relationship of facility components
including:
(1) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of
total site relief, showing:
(A) all facility-related structures and fences within the treatment, storage, and disposal areas;
and
(B) soil mapping units on all disposal sites;
(2) the location of each of the following that are located within 500 feet of a waste treatment, storage,
or disposal site, including a delineation of their review and compliance boundaries:
(A) wells, including usage and construction details if available;
(B) ephemeral, intermittent, and perennial streams;
(C) springs;
(D) lakes;
(E) ponds; and
(F) other surface drainage features;
(3) setbacks as required by Rule .0606 of this Section; and
(4) site property boundaries within 500 feet of all waste treatment, storage, and disposal sites.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated
December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed
professions, on maps pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.]
(e) Property Ownership Documentation shall be provided to the Division consisting of:
(1) legal documentation of ownership, such as a contract, deed, or article of incorporation;
(2) an agreement of an intent to purchase the property that is written, notarized, and signed by both
parties, accompanied by a plat or survey map; or
(3) an agreement to lease the property that is written, notarized, and signed by both parties, indicating
the intended use of the property, accompanied by a plat or survey map. Lease ag reements shall
adhere to the requirements of 15A NCAC 02L .0107.
(f) An Operation and Maintenance Plan addressing routine inspections, maintenance schedules, troubleshooting,
and a layman's explanation about the wastewater treatment and irrigation disposa l systems shall be submitted to the
Division by the applicant.
(g) A letter from the local county health department denying the site for all subsurface systems shall be submitted to
the Division by the applicant.
(h) A properly executed Operation and Mai ntenance Agreement shall be submitted to the Division by the applicant.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0605 DESIGN CRITERIA
(a) The requirements in this Rule shall apply to new and expanding facilities.
(b) Minimum degree of treatment for new and expanding systems shall meet a monthly average of each of the
following:
(1) five-day biochemical oxygen demand (BOD5) ≤ 30 mg/L;
(2) total suspended solids (TSS) ≤ 30 mg/L;
(3) ammonia (NH3-N) ≤ 15 mg/L; and
(4) fecal coliforms ≤ 200 colonies/100 mL.
(c) Waste, including treated waste, shall not be placed directly into, or in contact with, GA classified groundwater
unless such placement will not result in a contravention of GA groundwater standards, as demonstrated by predictive
calculations or modeling.
(d) Excavation into bedrock shall be lined with a 10 millimeter synthetic liner.
(e) Earthen treatment and storage facilities shall be prohibited.
(f) By-pass and overflow lines shall be prohibited.
(g) A water-tight seal on all treatment and storage units or two feet of pro tection from the 100-year flood elevation
shall be provided.
(h) Preparation of an operational management plan and, if appropriate, a crop management plan shall be provided.
(i) Fencing shall be provided to prevent access to the irrigation site and treat ment units shall be lockable.
(j) Irrigation system design shall not exceed the recommended precipitation rates in the soils report prepared
pursuant to Rule .0604 of this Section.
(k) Septic tanks shall adhere to 15A NCAC 18A .1900.
(l) Tablet chlorination or ultraviolet disinfection shall be provided.
(m) Five days of storage based on average daily flow between the pump off float and inlet invert pipe shall be
provided.
(n) Pump and dosing tanks shall have audible and visual alarms external to any st ructure.
(o) A rain or moisture sensor shall be provided to prevent irrigation during precipitation events or wet conditions
that would cause runoff.
(p) 18 inches of vertical separation between the apparent seasonal high water table and the ground surface shall be
provided.
(q) One foot of vertical separation between any perched seasonal high water table and the ground surface shall be
provided.
(r) Loading rates shall not exceed 50 inches per year.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0606 SETBACKS
(a) The setbacks for irrigation sites shall be as follows:
Spray Drip
(feet) (feet)
Each habitable residence or place of assembly under separate ownership
or not to be maintained as part of the project site 400 100
Each habitable residence or place of assembly owned by the
permittee to be maintained as part of the project site 200 15
Each private or public water supply source 100 100
Surface waters such as intermittent and perennial streams, perennial waterbodies, and
wetlands 100 100
Groundwater lowering ditches where the bottom of the ditch intersects the SHWT 100 100
Surface water diversions such as ephemeral streams, waterways, and ditches 25 25
Each well with exception of monitoring wells 100 100
Each property line 150 50
Top of slope of embankments or cuts of two feet or more in vertical height 15 15
Each water line from a disposal system 10 10
Subsurface groundwater lowering drainage systems 100 100
Public right of way 50 50
Nitrification field 20 20
Each building foundation or basement 15 15
(b) Treatment and storage facilities associated with systems permitted under this Section shall adhere to the setback
requirements in Section .0500 of this Sub chapter except as provided in this Rule.
(c) Setback waivers shall be written, notarized, signed by all parties involved, and recorded with the county Register
of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0 107.
(d) Setbacks to property lines established in Paragraphs (a) and (b) of this Rule shall not be applicable if the
permittee, or the entity from which the permittee is leasing, owns both parcels separated by the property line.
(e) Habitable residences or places of assembly under separate ownership constructed after the non -discharge
facilities were originally permitted or subsequently modified are exempt from the setback requirements in
Paragraphs (a) and (b) of this Rule.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0607 CONNECTION TO REGIONAL SYSTEM
If a public or community sewage system is or becomes available, the subject wastewater treatment facilities shall be
closed and all wastewater shall be discharged into the public or community sewage system.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0608 OPERATION AND MAINTENANCE
(a) Irrigation areas shall have a year-round vegetative cover.
(b) Irrigation shall not result in ponding or runoff of treated effluent.
(c) Metering equipment shall be tested and calibrated annually or as established by permit.
(d) Vehicles and heavy machinery shall not be allowed on the irrigation area except during installation or
maintenance activities.
(e) The permittee shall keep a log of maintenance activities that occur at the facility.
(f) The permittee shall perform inspections and maintenance to ensure proper operation of the facility.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2018.

SECTION .0700 – HIGH-RATE INFILTRATION SYSTEMS

15A NCAC 02T .0701 SCOPE
This Section shall apply to all high-rate infiltration facilities. High-rate infiltration facilities shall include all
facilities that dispose of wastewater effluent onto the land at an application rate that meets or exceeds the rates
provided in Rule .0702 of this Section.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0702 DEFINITIONS
As used in this Section, "High-rate infiltration" shall mean any application rate that exceeds 1.75 inches of
wastewater effluent per week or 0.156 gallons per day per square foot of land.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0703 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02T .0704 APPLICATION SUBMITTAL
(a) The requirements in this Rule shall apply to all new and expanding facilities.
(b) Soils report. A soil evaluation of the disposal site shall be provided to the Division by the applicant in a report
that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
(1) a field description of the soil profile, based on examinations of excavation pits or auger borings,
within seven feet of land surface or to bedrock, describing the following parameters by individual
diagnostic horizons:
(A) the thickness of the horizon;
(B) the texture;
(C) the color and other diagnostic features;
(D) the structure;
(E) the internal drainage;
(F) the depth, thickness, and type of restrictive horizon; and
(G) the presence or absence and depth of evidence of any seasonal high water table.
Applicants shall dig pits when necessary for evaluation of the soils at the site;
(2) recommendations concerning loading rates of liquids, solids, other wastewater constituents, and
amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated
hydraulic conductivity in the most restrictive horizon for each soil mapping unit. Maximum
infiltration rates shall be provided for each soil mapping unit.
(3) a field-delineated soil map delineating soil mapping units within each land application site and
showing all physical features, location of pits and auger borings, le gends, scale, and a north arrow.
The legends shall also include dominant soil series name and family or higher taxonomic class for
each soil mapping unit; and
(4) a Standard Soil Fertility Analysis conducted on each land application site. The Standard Soil
Fertility Analysis shall include the following parameters:
(A) acidity;
(B) base saturation (by calculation);
(C) calcium;
(D) cation exchange capacity;
(E) copper;
(F) exchangeable sodium percentage (by calculation);
(G) magnesium;
(H) manganese;
(I) percent humic matter;
(J) pH;
(K) phosphorus;
(L) potassium;
(M) sodium; and
(N) zinc.
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005,
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.]
(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents.
The following documents shall be provided to the Division by the applicant:
(1) engineering plans for the entire system, including treatment, storage, application, and disposal
facilities and equipment except those previously permitted unless those previously permitted are
directly tied into the new units or are necessary to understanding the complete process;
(2) specifications describing materials to be used, methods of construction, and means for ensuring
quality and integrity of the finished product including leakage testing; and
(3) engineering calculations, including hydraulic and pollutant loading for each treatment unit,
treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head, and
system curve analysis for each pump, buoyancy calculations, and infiltration design.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated
December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes
practicing engineering pursuant to G.S. 89C.]
(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on
boundaries and physical features not under the purview of other licensed professions. Site plans or maps shall be
provided to the Division by the applicant depicting the location, orientation, and relationship of facility components
including:
(1) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of
total site relief, showing:
(A) all facility-related structures and fences within the treatment, storage, and disposal areas;
and
(B) soil mapping units on all disposal sites;
(2) the location of each of the following that are located within 500 feet of a waste treatment, storage,
or disposal site, including a delineation of their review and compliance boundaries:
(A) wells, including usage and construction details if available;
(B) ephemeral, intermittent, and perennial streams;
(C) springs;
(D) lakes;
(E) ponds; and
(F) other surface drainage features;
(3) setbacks as required by Rule .0706 of this Section; and
(4) site property boundaries within 500 feet of all waste treatment, storage, and disposal sites.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated
December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed
professions, on maps pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.]
(e) Hydrogeologic report. A hydrogeologic description prepared by a Licensed Geologist, Licensed Soil Scientist,
or Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively, shall be provided to the Division by
the applicant for systems treating industrial waste and any system with a desi gn flow over 25,000 gallons per day.
Industrial facilities with a design flow less than 25,000 gallons per day of wastewater that demonstrate that the
effluent will be of quality similar to domestic wastewater, including effluent requirements established in 15A NCAC
02T .0705(b) and 02T .0706(b) or (c) as applicable, may request and receive an exemption from this requirement.
The hydrogeologic evaluation shall be of the subsurface to a depth of 20 feet or bedrock, whichever is less deep. An
investigation to a depth greater than 20 feet shall be required if the respective depth is used in predictive
calculations. This evaluation shall be based on sufficient numbers, locations, and depths of borings to define the
components of the hydrogeologic evaluation. In addition to borings, other techniques may be used to investigate the
subsurface conditions at the site, including, geophysical well logs, surface geophysical surveys, and tracer studies.
This evaluation shall be presented in a report that includes the following components:
(1) a description of the regional and local geology and hydrogeology;
(2) a description, based on field observations of the site, of the site topographic setting, streams,
springs and other groundwater discharge features, drainage features, existing and abandoned wells,
rock outcrops, and other features that may affect the movement of the contaminant plume and
treated wastewater;
(3) changes in the lithology underlying the site;
(4) the depth to bedrock and the occurrence of any rock outcr ops;
(5) the hydraulic conductivity and transmissivity of the affected aquifer as determined by in -situ field
testing, such as slug tests or pumping tests, in the intended area of infiltration;
(6) the depth to the seasonal high water table;
(7) a discussion of the relationship between the affected aquifers of the site to local and regional
geologic and hydrogeologic features;
(8) a discussion of the groundwater flow regime of the site prior to the operation of the proposed
facility and the post operation of the proposed facility, focusing on the relationship of the system
to groundwater receptors, groundwater discharge features, and groundwater flow media; and
(9) a mounding analysis to predict the level of the seasonal high water table after wastewater
application.
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board
for Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for
Engineers and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic
description documents pursuant to this Paragraph constitutes practicing geology pursuant to G.S. 89E, soil science
pursuant to G.S. 89F, or engineering pursuant to G.S. 89C.]
(f) Property Ownership Documentation shall be provided to the Division consisting of:
(1) legal documentation of ownership, such as a contract, deed, or article of incorporation;
(2) an agreement of an intent to purchase the property that is written, notarized, and signed by both
parties, accompanied by a plat or survey map; or
(3) an agreement to lease the property that is written, notarized, and signed by both parties, indicating
the intended use of the property, accompanied by a plat or survey map. Lease agreements shall
adhere to the requirements of 15A NCAC 02L .0107.
(g) Public utilities shall submit a Certificate of Public Convenience and Necessity or a letter from the NC Utilities
Commission stating that it has received a franchise application.
(h) A chemical analysis of the typical wastewater to be infiltrated shall be provided to the Division by the applicant
for industrial waste, which shall include:
(1) total organic carbon;
(2) 5-day biochemical oxygen demand (BOD5);
(3) chemical oxygen demand (COD);
(4) nitrate nitrogen (NO3-N);
(5) ammonia nitrogen (NH3-N);
(6) total kjeldahl nitrogen (TKN);
(7) pH;
(8) chloride;
(9) total phosphorus;
(10) phenol;
(11) total volatile organic compounds;
(12) fecal coliform;
(13) calcium;
(14) sodium;
(15) magnesium;
(16) sodium adsorption ratio (SAR);
(17) total trihalomethanes; and
(18) total dissolved solids.
(i) A project evaluation and a receiver site agronomic management plan (if applicable) containing recommendations
concerning cover crops and their ability to accept the proposed application rates of liquid, solids, minerals, and other
constituents of the wastewater shall be provided to the Division.
(j) A Residuals Management Plan as required by Rule .0708(a) of this Section is to be provided to the Division.
(k) The applicant shall provide to the Division a water balance that determines the required effluent storage based
on the most limiting factor from the following:
(1) hydraulic loading based on the most restrictive horizon;
(2) hydraulic loading based on the groundwater mounding analysis;
(3) nutrient management based on agronomic rates for the specified cover crop; or
(4) nutrient management based on crop management.
(l) Facilities utilizing subsurface groundwater lowering drainage systems shall demonstrate that groundwater and
surface water standards will be protected.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0705 DESIGN CRITERIA
(a) The requirements in this Rule shall apply to all new and expanding facilities.
(b) New and expanding systems:
(1) that are municipal, domestic, or commercial facilities, except systems subject to Subparagraph
(b)(2) of this Rule, shall meet a monthly average of each of the following:
(A) five-day biochemical oxygen demand (BOD5) ≤ 10 mg/L;
(B) total suspended solids (TSS) ≤ 15 mg/L;
(C) ammonia (NH3-N) ≤ 4 mg/L;
(D) fecal coliforms ≤ 14 colonies/100 mL; and
(E) nitrate nitrogen (NO3-N) ≤ 10 mg/L; or
(2) that are not described in Subparagraph (b)(1) of this Rule shall meet treatment standards that
assure that surface water or groundwater standards will not be exceeded.
(c) All open-atmosphere treatment lagoons and ponds and open-atmosphere storage and basin infiltration units shall
have at least two feet of freeboard.
(d) Waste, including treated waste, shall not be placed directly into, or in con tact with, GA classified groundwater
unless such placement will not result in a contravention of GA groundwater standards, as demonstrated by predictive
calculations or modeling.
(e) Treatment works and disposal systems using earthen basins, lagoons, pond s, or trenches, excluding holding
ponds containing non-industrial treated effluent prior to infiltration, for treatment, storage, or disposal, shall have
either a liner of natural material at least one foot in thickness and having a hydraulic conductivity of no greater than
1 x 10-6 centimeters per second when compacted, or a synthetic liner of sufficient thickness to exhibit structural
integrity and an effective hydraulic conductivity no greater than that of the natural material liner.
(f) The bottoms of earthen impoundments, trenches, or other similar excavations shall be at least four feet above the
bedrock surface, except that the bottom of excavations that are less than four feet above bedrock shall have a liner
with a hydraulic conductivity no greater than 1 x 10-7 centimeters per second. Liner thickness shall be that thickness
necessary to achieve a leakage rate consistent with the sensitivity of classified groundwaters. Liner requirements
may be reduced if the applicant demonstrates through predictive calculations or modeling that construction and use
of these treatment and disposal units will not result in contravention of surface water or groundwater standards.
(g) Impoundments, trenches, or other excavations made for the purpose of storing or trea ting waste shall not be
excavated into bedrock unless the placement of waste into such excavations will not result in a contravention of
surface water or groundwater standards, as demonstrated by predictive calculations or modeling.
(h) Each facility, except for those using septic tanks or lagoon treatment, shall provide flow equalization with either
a capacity based upon a representative diurnal hydrograph or a capacity of 25 percent of the daily system design
flow.
(i) By-pass and overflow lines shall be prohibited.
(j) Multiple pumps shall be provided wherever pumps are used.
(k) Power reliability shall be provided, consisting of:
(1) automatically activated standby power supply, located onsite and capable of powering all essential
treatment units under design conditions; or
(2) approval by the Director that the facility:
(A) serves a private water distribution system that has automatic shut -off at power failure and
no elevated water storage tanks;
(B) has sufficient storage capacity that no potential for overflow exists; and
(C) can tolerate septic wastewater during prolonged detention.
(l) A water-tight seal on all treatment and storage units or two feet of protection from the 100 -year flood elevation
shall be provided.
(m) Infiltration system design shall not exceed the recommended precipitation rates established in the soils report
prepared pursuant to Rule .0704 of this Section.
(n) 30 days of residuals storage shall be provided.
(o) Disposal areas shall be designed to maintain a one -foot vertical separation between the seasonal high water table
and the ground surface.
(p) The public shall be prohibited access to the treatment, storage and infiltration facilities.
(q) Influent pump stations shall meet the sewer design criteria set forth in Section .0300 of this Subchapter.
(r) Septic tanks shall adhere to 15A NCAC 18A .1900.
(s) Infiltration areas shall be designed to allow routine maintenance of the area without interruption of disposal.
(t) Subsurface groundwater lowering drainage syste ms permitted under this Subchapter shall be subject to the
corrective action requirements in 15A NCAC 02L .0106.
(u) Waste treatment facilities shall be equipped with noise and odor control devices that shall be enclosed.
(v) All essential treatment and disposal units shall be provided in duplicate.
(w) The application rate shall not exceed 10 gallons per day per square foot (GPD/ft 2).
(x) Facilities shall be provided with a flow meter to measure the volume of treated wastewater applied to each
infiltration site.
(y) Subsurface groundwater lowering drainage systems shall be prohibited within the compliance boundary.
(z) Facilities serving residential communities shall provide five days of effluent storage unless the applicant
demonstrates that the infiltrated effluent will not pond, runoff, or breakout regardless of weather or soil conditions.
(aa) Automatically activated infiltration systems, excluding basin, rotary, and spray bed infiltration systems, shall
be connected to a rain or moisture sensor to prevent infiltration during precipitation events or wet conditions that
would cause runoff.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0706 SETBACKS
(a) The setbacks for infiltration sites shall be as follows:
Spray Drip Basin
(feet) (feet) (feet)
Each habitable residence or place of assembly under separate
ownership or not to be maintained as part of the project site 400 100 100
Each habitable residence or place of assembly owned by the
permittee to be maintained as part of the project site 200 15 50
Each private or public water supply source 100 100 100
Surface waters such as intermittent and perennial streams, perennial
waterbodies, and wetlands 200 200 200
Groundwater lowering ditches where the bottom of the ditch
intersects the SHWT 200 200 200
Subsurface groundwater lowering drainage systems 200 200 200
Surface water diversions such as ephemeral streams, waterways, and ditches 50 50 50
Each well with exception of monitoring wells 100 100 100
Each property line 150 50 50
Top of slope of embankments or cuts of two feet or more in vertical height 100 100 100
Each water line from a disposal system 10 10 10
Public right of way 50 50 50
Nitrification field 20 20 20
Each building foundation or basement 15 15 15
Impounded public water supplies 500 500 500
Public shallow groundwater supply (less than 50 feet deep) 500 500 500
(b) Setbacks in Paragraph (a) of this Rule to surface waters, groundwater lowering ditches, and subsurface
groundwater lowering drainage systems shall be 100 feet if the treatment units are designed to meet effluent limits
of 7 mg/L of total nitrogen and 3 mg/L of total phosphorus.
(c) Setbacks in Paragraph (a) of this Rule to surface waters, groundwater lowering ditches, and subsurface
groundwater lowering drainage systems shall be 50 feet if the treatment units are designed to m eet effluent limits of
4 mg/L of total nitrogen and 2 mg/L of total phosphorus. This setback provision shall not apply to SA waters.
(d) Treatment and storage facilities associated with systems permitted under this Section shall adhere to the setback
requirements in Section .0500 of this Subchapter, except as provided in this Rule.
(e) Setback waivers shall be written, notarized, signed by all parties involved, and recorded with the county Register
of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107.
(f) Setbacks to property lines established in Paragraphs (a) and (d) of this Rule shall not be applicable if the
permittee, or the entity from which the permittee is leasing, owns both parcels separated by the property line.
(g) Habitable residences or places of assembly under separate ownership constructed after the non -discharge
facilities were originally permitted or subsequently modified are exempt from the setback requirements in
Paragraphs (a) and (d) of this Rule.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0707 OPERATION AND MAINTENANCE
(a) An operation and maintenance plan shall be maintained for all systems. The plan shall:
(1) describe the operation of the system in sufficient detail to show what operations are necessary for
the system to function and by whom the functions are to be conducted;
(2) describe the anticipated maintenance of the system;
(3) include provisions for safety measures including restriction of access to the site and equipment, as
appropriate; and
(4) include spill control provisions including:
(A) response to upsets and bypasses including control, containment, and remediation; and
(B) contact information for plant personnel, emergency responders, and regulatory agencies.
(b) Infiltration areas, excluding basin, rotary, and spray bed infiltration systems, shall have a year -round vegetative
cover.
(c) Infiltration, excluding basin infiltration systems, shall not result in ponding or runoff of treat ed effluent.
(d) Infiltration and metering equipment shall be tested and calibrated annually or as established by permit.
(e) Vehicles and heavy machinery shall not be allowed on the infiltration area except during installation or
maintenance activities.
(f) Water level gauges shall be provided for all open-atmosphere treatment lagoons and ponds and all open-
atmosphere storage and basin infiltration units.
(g) Vegetative cover shall be maintained on all earthen embankments.
(h) Basin, rotary, and spray bed infiltration systems shall be cleaned to remove deposited materials every permit
cycle or as established by permit.
(i) The permittee shall keep a log of all maintenance activities that occur at the facility.
(j) The permittee shall perform inspections and maintenance to ensure proper operation of the facility.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0708 RESIDUALS MANAGEMENT
(a) A Residuals Management Plan shall be maintained for all systems that generate residuals. The plan shall include
the following:
(1) a detailed explanation as to how the residuals will be collected, handled, processed, stored, and
disposed;
(2) an evaluation of the residuals storage requirements for the treatment facility, based upon the
maximum anticipated residuals production rate and the ability to remove residuals;
(3) a permit for residuals management or a written commitment to the permittee of a Department-
approved residuals management program accepting the residuals that demonstrates that the
approved program has adequate capacity to accept the residuals or that an application for approval
has been submitted; and
(4) if oil, grease, grit, or screenings removal and collection is a designed unit process, a detailed
explanation as to how these materials will be collected, handled, processed, stored, and disposed.
(b) The permittee shall maintain a record of all residuals removed from the facility.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

SECTION .0800 – OTHER NON-DISCHARGE WASTEWATER SYSTEMS

15A NCAC 02T .0801 SCOPE
This Section shall apply to systems not specifically regulated by other rules in this Subchapter and governs waste
that is disposed of by ground absorption systems or other non -discharge systems such as infiltration lagoons and
evaporative systems, as well as authorizations to construct for NPDES facilities.

History Note: Authority G.S. 143-215.1; 143-215.3(a.);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0802 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02T .0803 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02T .0804 APPLICATION SUBMITTAL
Submittal requirements shall be the same as systems permitted pursuant to 15A NCAC 02T .0504, except those that
are not applicable to authorization to construct type permits.

History Note: Authority G.S. 143-215.1; 143-215.3(a.);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0805 DESIGN CRITERIA
Design requirements shall be the same as systems permitted pursuant to 15A NCAC 02T .0505, except those that are
not applicable to authorization to construct type permits or specifically addressed by Section 15A NCAC 02H .0100.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0806 SETBACKS
Setbacks shall be the same as those listed in 15A NCAC 02T .0506 except infiltration basins, which shall meet the
setbacks listed in 15A NCAC 02T .0706.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .0807 OPERATION AND MAINTENANCE
Operation and maintenance requirements shall be the same as systems permitted pursuant to 15A NCAC 02T .0707.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2018.

15A NCAC 02T .0808 RESIDUALS MANAGEMENT
Residuals management requirements shall be the same as systems permitted pursuant to 15A NCAC 02T .0708.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2018.

SECTION .0900 – RECLAIMED WATER SYSTEMS

15A NCAC 02T .0901 SCOPE
15A NCAC 02T .0902 DEFINITIONS
15A NCAC 02T .0903 PERMITTING BY REGULATION
15A NCAC 02T .0904 APPLICATION SUBMITTAL – CONJUNCTIVE SYSTEMS
15A NCAC 02T .0905 APPLICATION SUBMITTAL – NON-CONJUNCTIVE SYSTEMS
15A NCAC 02T .0906 RECLAIMED WATER EFFLUENT STANDARDS
15A NCAC 02T .0907 DESIGN CRITERIA FOR WASTEWATER TREATMENT FACILITIES –
CONJUNCTIVE SYSTEMS
15A NCAC 02T .0908 DESIGN CRITERIA FOR WASTEWATER TREATMENT FACILITIES – NON-
CONJUNCTIVE SYSTEMS
15A NCAC 02T .0909 DESIGN CRITERIA FOR DISTRIBUTION LINES
15A NCAC 02T .0910 RECLAIMED WATER UTILIZATION
15A NCAC 02T .0911 BULK DISTRIBUTION OF RECLAIMED WATER
15A NCAC 02T .0912 SETBACKS
15A NCAC 02T .0913 OPERATION AND MAINTENANCE PLAN
15A NCAC 02T .0914 RESIDUALS MANAGEMENT PLAN

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Repealed Eff. June 18, 2011.

15A NCAC 02T .0915 LOCAL PROGRAM APPROVAL

History Note: Authority G.S. 143-215.1; 143-215.3(a); S.L. 2006-250;
Eff. January 1, 2007;
Repealed Eff. June 18, 2011.

SECTION .1000 - CLOSED–LOOP RECYCLE SYSTEMS

15A NCAC 02T .1001 SCOPE

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. March 19, 2015;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).

15A NCAC 02T .1002 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02T .1003 PERMITTING BY REGULATION

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).

15A NCAC 02T .1004 APPLICATION SUBMITTAL

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).

15A NCAC 02T .1005 DESIGN CRITERIA

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).

15A NCAC 02T .1006 SETBACKS

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).

15A NCAC 02T .1007 OPERATIONS AND MAINTENANCE PLAN

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).

15A NCAC 02T .1008 RESIDUALS MANAGEMENT PLAN

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).

SECTION .1100 – RESIDUALS MANAGEMENT

15A NCAC 02T .1101 SCOPE
This Section shall apply to the treatment, storage, transportation, use, and disposal of residuals. Not regulated under
this Section shall be the treatment, storage, transportation, use, or disposal of:
(1) oil, grease, grit, and screenings from wastewater treatment facilities;
(2) septage from wastewater treatment facilities;
(3) ash that is regulated in accordance with Section .1200 of this Subchapter;
(4) residuals that are regulated in accordance with Section .1300 and Section .1400 of this Subchapter;
(5) residuals that are prepared for land application, used, or disposed of in a solid waste management
facility permitted by the Division of Waste Management;
(6) residuals that are disposed of in an incinerator permitted by the Division of Air Quality;
(7) residuals that are transported out of state for treatment, storage, use, or disposal;
(8) residuals that meet the definition of a hazardous waste in accordance with 40 CFR 260.10 as
adopted by reference in 15A NCAC 13A .0102(b) or that have a concentration of polychlorinated
biphenyls equal to or greater than 50 milligrams per kilogram of total solids on a dry weight bas is;
and
(9) byproduct waste resulting from any process of industry, manufacturing, trade, business, or the
development of any natural resource but not from a wastewater treatment, water supply treatment,
or air pollution control facility permitted under the authority of the Commission.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1102 DEFINITIONS
As used in this Section:
(1) "Aerobic digestion" shall mean the biochemical decomposition of organic matter in residuals into
carbon dioxide and water by microorganisms in the presence of air.
(2) "Agricultural land" shall mean land on which a food crop, feed crop, or fiber crop is grown.
(3) "Anaerobic digestion" shall mean the biochemical decomposition of organic matter in residuals
into methane gas and carbon dioxide by microorganisms in the absence of air.
(4) "Bag and other container" shall mean a bag, bucket, bin, box, carton, vehicle, trailer, tanker, or an
open or closed receptacle with a load capacity of 1.102 short tons or one metric ton, or less.
(5) "Base flood" shall mean a flood that has a one percent chance of occurring in any given year.
(6) "Biological residuals" shall mean residuals that have been generated during the treatment of
domestic wastewater, the treatment of animal processing wastewater, or the biological treatment of
industrial wastewater.
(7) "Biological treatment" shall mean treatment in a system that uses biological processes, including
lagoons, activated sludge systems, extended aeration systems, and fixed film systems.
(8) "Bulk residuals" shall mean residuals that are transported and not sold or given away in a bag or
other container for application to the land.
(9) "Class A residuals" shall mean residuals that are either bagged or bulk residuals meeting:
(a) the pollutant limits in Rule .1105(a) and .1105(c) of this Section;
(b) the pathogen reduction requirements in Rule .1106(a) of this Section; and
(c) the vector attraction reduction requirements in Rule .1107 of this Section.
(10) "Class B residuals" shall mean residuals that are bulk residuals meeting;
(a) the pollutant limits in Rule .1105(a) and .1105(b) of this Section;
(b) the pathogen reduction requirements in Rule .1106(b) of this Section; and
(c) the vector attraction reduction requirements in Rule .1107 of this Section.
(11) "Cover" shall mean soil or Division-approved material used to cover residuals placed in a surface
disposal unit.
(12) "Cumulative pollutant loading rate" shall mean the maximum amount of a pollutant that is
permitted to be applied to a unit area of land.
(13) "Dedicated program" shall mean a program involving the application of residuals in which any of
the permitted land meets the definition of a dedicated land application site.
(14) "Dedicated land application site" shall mean land:
(a) to which residuals are applied at greater than agronomic rates;
(b) to which residuals are applied through fixed irrigation facilities or irrigation facilities fed
through a fixed supply system; or
(c) that is primarily used for the disposal of residuals and agricultural crop production is of
secondary importance.
(15) "Density of microorganisms" shall mean the number of microorganisms per unit mass of total
solids on a dry weight basis in the residuals.
(16) "Dry weight basis" shall mean the weight calculated after the residuals have been dried at 105
degrees Celsius until they reach a constant mass.
(17) "Feed crop" shall mean a crop produced for consumption by animals.
(18) "Fiber crop" shall mean a crop grown for fiber production, including flax and cotton.
(19) "Food crop" shall mean a crop produced for consumption by humans, including fruits, vegetables,
and tobacco.
(20) "Grit" shall mean sand, gravel, cinders, or other materials with a high specific gravity generated
during preliminary treatment of wastewater in a wastewater treatment facility.
(21) "Incorporation" shall mean the mixing of residuals with top soil to a depth of four inches by
methods such as discing, plowing, and rototilling.
(22) "Injection" shall mean the subsurface application of liquid residuals to a depth of four to 12
inches.
(23) "Land application" shall mean the spraying or spreading of residuals onto the land surface, the
injection of residuals below the land surface, or the incorporation of residuals into the soil so that
the residuals can condition the soil or fertilize crops or vegetation grown in the soil.
(24) "Lower explosive limit for methane gas" shall mean the lowest percentage of methane gas in air,
by volume, that propagates a flame at 25 degrees Celsius and atmospheric pressure.
(25) "Monthly average" shall mean the arithmetic mean of all measurements taken during a month.
(26) "Pathogens" shall mean disease-causing organisms, including disease-causing bacteria, protozoa,
viruses, and viable helminth ova.
(27) "Place residuals" shall mean to dispose of residuals in a surface disposal unit.
(28) "Person who prepares residuals" shall mean either the person who generates residuals during the
treatment of waste in a wastewater treatment facility or the person who derives a ma terial from
residuals.
(29) "Pollutant limit" shall mean a numerical value that describes the amount of a pollutant allowed per
unit amount of residuals or the amount of a pollutant that can be applied to a unit area of land.
(30) "Public contact site" shall mean land with a high potential for contact by the public as defined in
40 CFR 503.11(1), including public parks, ball fields, cemeteries, plant nurseries, turf farms, and
golf courses.
(31) "Runoff" shall mean rainwater, leachate, or other liquid that drains over the land surface.
(32) "Screenings" shall mean rags or other large materials generated during preliminary treatment of
wastewater in a wastewater treatment facility.
(33) "Seismic impact zone" shall mean an area that has a 10 percent or greater probability that the
horizontal ground level acceleration of the rock in the area exceeds 0.10 gravity once in 250 years.
(34) "Specific oxygen uptake rate (SOUR)" shall mean the mass of oxygen consumed per unit time per
unit mass of total solids on a dry weight basis in the residuals.
(35) "Surface disposal unit" shall mean the land on which only residuals are placed for final disposal,
including monofills, lagoons, and trenches, and not including land on which residuals are either
treated or stored.
(36) "Surface disposal unit boundary" shall mean the outermost perimeter of a surface disposal unit.
(37) "Total solids" shall mean the materials that remain as residue after the residuals have been dried at
between 103 and 105 degrees Celsius until they reach a constant mass.
(38) "Water treatment residuals" shall mean residuals that have been generated during the treatment of
potable or process water.
(39) "Unstabilized residuals" shall mean residuals that have not been treated in either an aerobic or an
anaerobic treatment process.
(40) "Unstable area" shall mean land subject to natural or human-induced forces that may damage the
structural components of a surface disposal unit, including land on which the soils are subject to
mass movement.
(41) "Vector attraction" shall mean the characteristic of residuals that attracts rodents, flies,
mosquitoes, or other organisms capable of transporting infectious agents.
(42) "Volatile solids" shall mean the amount of the total solids in the residuals lost when they are
combusted at 550 degrees Celsius in the presence of excess air.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1103 PERMITTING BY REGULATION
(a) The following systems shall be deemed permitted pursuant to Rule .0113 of this Subchapter if the system meets
the criteria in Rule .0113 of this Subchapter and all criteria required for that system in this Rule:
(1) preparation for land application, use, or disposal of residuals in a solid waste facility permitted by
the Division of Waste Management that is approved to receive the residuals;
(2) land application of residuals that have been prepared for land application in a solid waste facility
permitted by the Division of Waste Management and approved to receive the residuals if the
requirements of this Section are met;
(3) land application sites onto which Class A residuals that are sold or given away in a bag or other
container are applied, provided the following criteria are met:
(A) the residuals meet the pollutant limits in Rule .1105(a) and Rule .1105(c) of this Section;
(B) the residuals meet the pathogen requirements in Rule .1106(a) of this Section;
(C) the residuals meet the vector attraction reduction requirements in Rule .1107(a) of this
Section; and
(D) the land application activities are carried out according to the instruc tions provided in the
informational sheet, bag, or other container label as required in Rule .1109(c) of this
Section;
(4) land application sites onto which Class A biological residuals are applied, if the residuals and
activities meet the following criteria:
(A) the residuals meet the pollutant limits in Rule .1105(a) and Rule .1105(c) of this Section;
(B) the residuals meet the pathogen requirements in Rule .1106(a) of this Section;
(C) the residuals meet the vector attraction reduction requirements in Rule .1107(a) of this
Section; and
(D) the land application activities meet all applicable conditions of Rule .1108(b) and Rule
.1109(a)(1) of this Section;
(5) land application sites onto which Class A non-biological residuals are applied, if the residuals and
activities meet the following criteria:
(A) the residuals meet the pollutant limits in Rule .1105(a) and Rule .1105(c) of this Section;
(B) the residuals meet the pathogen requirements in Rule .1106(b) of this Section; and
(C) the land application activities meet all applicable conditions of Rule .1108(b) and Rule
.1109(a)(1) of this Section; and
(6) transportation of residuals from the residuals -generating source facility to other Division or
Division of Waste Management facilities approved to treat, store, use, or dispose the residuals.
(b) The Director may determine that a system shall not be deemed permitted in accordance with this Rule and Rule
.0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of th is Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1104 APPLICATION SUBMITTAL
(a) For new and expanding residuals treatment and storage facilities:
(1) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information
on boundaries and physical features not under the purview of other licensed professions. Site plans
or maps shall be provided to the Division by the applicant depicting the location, orientation, and
relationship of facility components, including:
(A) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25
percent of total site relief and showing all facility-related structures and fences within the
treatment and storage areas;
(B) the location of each of the following that are located within 500 feet of a waste treatment,
or storage site, including a delineation of their review and compliance boundaries:
(i) wells, including usage and construction details if available;
(ii) ephemeral, intermittent, and perennial streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage features;
(C) setbacks as required by Rule .1108 of this Section; and
(D) site property boundaries within 500 feet of all treatment and storage facilities .
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via
letter dated December 1, 2005, that locating boundaries and physical features, not under the
purview of other licensed professions, on maps pursuant to this Para graph constitutes practicing
surveying pursuant to G.S. 89C.]
(2) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare
these documents. The following documents shall be provided to the Division by the applicant:
(A) engineering plans for the facilities and equipment except those previously permitted
unless they are directly tied into the new units or are necessary to understanding the
complete process;
(B) specifications describing materials to be used, methods of construction, and means for
ensuring quality and integrity of the finished product, including leakage testing; and
(C) engineering calculations, including hydraulic and pollutant loading for each unit, unit
sizing criteria, hydraulic profile of the facilities, total dynamic head and system curve
analysis for each pump, and buoyancy calculations.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via
letter dated December 1, 2005, that preparation of engineering design d ocuments pursuant to this
Paragraph constitutes practicing engineering pursuant to G.S. 89C.]
(b) For new and modified sources of residuals:
(1) Site maps shall be provided to the Division by the applicant depicting the location of the source.
(2) An analysis of the residuals shall be provided to the Division by the applicant. The analysis shall
include:
(A) all pollutants identified in Rule .1105 of this Section;
(B) nutrients and micronutrients;
(C) hazardous waste characterization tests; and
(D) proof of compliance with Rule .1106 and Rule .1107 of this Section if applicable.
(3) A sampling and monitoring plan that describes how compliance with Rule .1105, Rule .1106, and
Rule .1107 of this Section if applicable shall be provided to the Division by the applicant.
(c) For new and expanding non-dedicated land application sites:
(1) Setback maps shall be provided to the Division by the applicant depicting the location, orientation,
and relationship of land application site features including:
(A) a scaled map of the land application site, showing all related structures and fences within
the land application area;
(B) the location of each of the following that are located within 500 feet of the land
application site, including a delineation of its review and compliance boundaries:
(i) wells, including usage and construction details if available;
(ii) ephemeral, intermittent, and perennial streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage features;
(C) setbacks as required by Rule .1108 of this Section; and
(D) property boundaries within 500 feet of the land application site.
(2) Soils report. A soil evaluation of the land application site shall be provided to the Division by the
applicant. This evaluation shall be presented in a report that includes the following. If required by
G.S. 89F, a soil scientist shall prepare this evaluation:
(A) confirmation of a county soils map, soil evaluation, and verification of the presence or
absence of a seasonal high water table within three fee t of land surface or establishment
of a soil map through field description of soil profile, based on examinations of
excavation pits or auger borings, within seven feet of land surface or to bedrock
describing the following parameters by individual diagnostic horizons: thickness of the
horizon; texture; color and other diagnostic features; structure; internal drainage; depth,
thickness, and type of restrictive horizon; and presence or absence and depth of evidence
of any seasonal high water table; and
(B) a representative soils analysis for standard soil fertility and all pollutants listed in Rule
.1105(b) of this Section. The Standard Soil Fertility Analysis shall include the following
parameters: acidity; base saturation (by calculation); calcium; cation exchange capacity;
copper; exchangeable sodium percentage (by calculation); magnesium; manganese;
percent humic matter; pH; phosphorus; potassium; sodium, and zinc.
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated
December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes
practicing soil science pursuant to G.S. 89F.]
(3) A project evaluation and a land application site management plan, if applicable, with
recommendations concerning cover crops and their ability to accept the proposed application rates
of liquid, solids, minerals and other constituents of the residuals shall be provided to the Division.
(4) Unless the land application site is owned by the permittee, property ownership documentation
consisting of a notarized landowner agreement shall be provided to the Division.
(d) For new and expanding dedicated land application sites:
(1) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information
on boundaries and physical features not under the purview of other licensed professions. Site plans
or maps shall be provided to the Division by the applicant depicting the location, orientation, and
relationship of land application site features including:
(A) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25
percent of total site relief and showing all facility-related structures and fences within the
land application area;
(B) the location of each of the following that are located within 500 feet of the land
application site, including a delineation of its review and compliance boundaries:
(i) wells, including usage and construction details if available;
(ii) ephemeral, intermittent, and perennial streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage features;
(C) setbacks as required by Rule .1108 of this Section; and
(D) property boundaries within 500 feet of the land application site.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via
letter dated December 1, 2005, that locating boundaries and physical features, not under the
purview of other licensed professions, on maps pursuant to this Paragraph constitutes practicing
surveying pursuant to G.S. 89C.]
(2) Engineering design documents for land applications sites onto which residuals are applied only
through fixed irrigation facilities or irrigation facilities fed through a fixed supply system. If
required by G.S. 89C, a professional engineer shall prepare these documents. The following
documents shall be provided to the Division by the applicant:
(A) engineering plans for the facilities and equipment except those previously permitted
unless they are directly tied into the new units or are necessary to understanding the
complete process;
(B) specifications describing materials to be used, methods of construction, and means for
ensuring quality and integrity of the finished product, including leakage testing; and
(C) engineering calculations, including hydraulic and pollutant loading, sizing criteria,
hydraulic profile, total dynamic head and system curve analysis for each pump, and
irrigation design.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via
letter dated December 1, 2005, that preparation of engineering design documents pursuant to this
Paragraph constitutes practicing engineering pursuant to G.S. 89C.]
(3) Soils report. A soil evaluation of the land application site shall be provided. This ev aluation shall
be presented to the Division by the applicant in a report that includes the following. If required by
G.S. 89F, a soil scientist shall prepare this evaluation:
(A) field description of soil profile, based on examinations of excavation pits o r auger
borings, within seven feet of land surface or to bedrock describing the following
parameters by individual diagnostic horizons: thickness of the horizon; texture; color and
other diagnostic features; structure; internal drainage; depth, thickness, and type of
restrictive horizon; and presence or absence and depth of evidence of any seasonal high
water table. Applicants shall dig pits if necessary for proper evaluation of the soils at the
site;
(B) recommendations concerning loading rates of liquids, solids, other residuals constituents,
and amendments for land application sites onto which residuals are applied only through
fixed irrigation facilities or irrigation facilities fed through a fixed supply system. Annual
hydraulic loading rates shall be based on in-situ measurement of saturated hydraulic
conductivity in the most restrictive horizon for each soil mapping unit. Maximum
irrigation precipitation rates shall be provided for each soil mapping unit;
(C) a field-delineated soil map delineating soil mapping units within the land application site
and showing all physical features, location of pits and auger borings, legends, scale, and a
north arrow. The legends shall also include dominant soil series name and family or
higher taxonomic class for each soil mapping unit; and
(D) a representative soils analysis for standard soil fertility and all pollutants listed in Rule
.1105(b) of this Section. The Standard Soil Fertility Analysis shall include the following
parameters: acidity, base saturation (by calculation), calcium, cation exchange capacity,
copper, exchangeable sodium percentage (by calculation), magnesium, manganese,
percent humic matter, pH, phosphorus, potassium, sodium, and zinc.
[Note: The North Carolina Board for Licensing of Soil Scie ntists has determined, via letter dated
December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes
practicing soil science pursuant to G.S. 89F.]
(4) Hydrogeologic report. A hydrogeologic description prepared by a Licensed G eologist, Licensed
Soil Scientist, or Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively,
shall be provided to the Division by the . applicant. The hydrogeologic evaluation shall be of the
subsurface to a depth of 20 feet or bedrock, whichever is less deep. An investigation to a depth
greater than 20 feet shall be required if the respective depth is used in predictive calculations. This
evaluation shall be based on sufficient numbers, locations, and depths of borings to define the
components of the hydrogeologic evaluation. In addition to borings, other techniques may be used
to investigate the subsurface conditions at the site, including geophysical well logs, surface
geophysical surveys, and tracer studies. This evaluation shall be presented in a report that includes
the following components:
(A) a description of the regional and local geology and hydrogeology;
(B) a description, based on field observations of the land application site, of the land
application site topographic setting, streams, springs and other groundwater discharge
features, drainage features, existing and abandoned wells, rock outcrops, and other
features that may affect the movement of the contaminant plume and treated wastewater;
(C) changes in the lithology underlying the site;
(D) depth to the bedrock and the occurrence of any rock outcrops;
(E) the hydraulic conductivity and transmissivity of the affected aquifer as determined by in -
situ field testing, such as slug tests or pumping tests, in the intended area of irrigation;
(F) the depth to the seasonal high water table;
(G) a discussion of the relationship between the affected aquifers of the land application site
to local and regional geologic and hydrogeologic features;
(H) a discussion of the groundwater flow regime of the site prior to the operation of the
proposed site and the post operation of the proposed site, focusing on the relationship of
the site to groundwater receptors, groundwater discharge features, and groundwater flow
media; and
(I) if residuals are applied through fixed irrigation facilities or irrigation facilities fed
through a fixed supply system only and if the seasonal high water table is within six feet
of the surface, a mounding analysis to predict the level of the seasonal high water table
after residuals land application.
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North
Carolina Board for Licensing of Soil Scientists, via letter dated December 1, 2005, and North
Carolina Board of Examiners for Engineers and Surveyors, via letter dated December 1, 2005,
have determined that preparation of hydrogeologic description documents pursuant to this
Paragraph constitutes practicing geology pursuant to G.S. 89E, soil science pursuant to G.S. 89F,
or engineering pursuant to G.S. 89C.]
(5) For land application sites onto which residuals are applied through fixed irrigation facilities or
irrigation facilities fed through a fixed supply system only, the applicant shall provide to the
Division a water balance that determines the required residuals storage based upon the following
most limiting factor:
(A) hydraulic loading based on the most restrictive horizon;
(B) hydraulic loading based on the groundwater mounding analysis;
(C) nutrient management based on agronomic rates for the specified cover crop; or
(D) nutrient management based on crop management.
(6) A project evaluation and a receiver site management plan (if applicable) with recommendations
concerning cover crops and their ability to accept the proposed application rates of liquid, solids,
minerals and other constituents of the residuals shall be provided to the Division by the applicant.
(7) Property Ownership Documentation shall be provided to the Division by the applicant consisting
of:
(A) legal documentation of ownership, such as a contract, deed, or article of incorporation;
(B) an agreement of an intent to purchase the property that is written, notarized, and signed
by both parties, accompanied by a plat or survey map; or
(C) an agreement to lease the property that is written, notarized, and signed by both parties,
indicating the intended use of the property, accompanied by a plat or survey map. Lease
agreements shall adhere to the requirements of 15A NCAC 02L .0107.
(e) For new and expanding surface disposal units:
(1) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information
on boundaries and physical features not under the purview of other licensed professions. Site plans
or maps shall be provided to the Division by the applicant depicting the location, orientation, and
relationship of the surface disposal unit features including:
(A) a scaled map of the surface disposal unit, with topographic contour intervals not
exceeding 10 feet or 25 percent of total site relief and showing all surface disposal unit -
related structures and fences within the surface disposal unit;
(B) the location of each of the following that are located within 500 feet of a waste treatment,
storage, or disposal site, including a delineation of their review and compliance
boundaries:
(i) wells, including usage and construction details if available;
(ii) ephemeral, intermittent, and perennial streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage features;
(C) setbacks as required by Rule .1108 of this Section; and
(D) site property boundaries within 500 feet of the surface disposal unit.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via
letter dated December 1, 2005, that locating boundaries and physical features, not under the
purview of other licensed professions, on maps pursuant to this Paragraph constitutes practicing
surveying pursuant to G.S. 89C.]
(2) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare
these documents. The following documents shall be provided to the Division by the applicant:
(A) engineering plans for the surface disposal unit and equipment except those previously
permitted unless they are directly tied into the new units or are necessary to
understanding the complete process;
(B) specifications describing materials to be used, methods of construction, and means for
ensuring quality and integrity of the finished product, including leakage test ing; and
(C) engineering calculations, including hydraulic and pollutant loading, sizing criteria,
hydraulic profile, and total dynamic head and system curve analysis for each pump.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via
letter dated December 1, 2005, that preparation of engineering design documents pursuant to this
Paragraph constitutes practicing engineering pursuant to G.S. 89C.]
(3) Soils report. A soil evaluation of the surface disposal unit site shall be provided to the Division by
the applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall
prepare this evaluation:
(A) field description of soil profile, based on examinations of excavation pits or auger
borings, within seven feet of land surface or to bedrock describing the following
parameters by individual diagnostic horizons: thickness of the horizon; texture; color and
other diagnostic features; structure; internal drainage; depth, thickness, and type of
restrictive horizon; and presence or absence and depth of evidence of any seasonal high
water table. Applicants may be required to dig pits when necessary for proper evaluation
of the soils at the site; and
(B) a field-delineated soil map delineating major soil mapping units within the surface
disposal unit site and showing all physical features, location of pits and auger borings,
legends, scale, and a north arrow. The legends shall also include dominant soil series
name and family or higher taxonomic class for each soil mapping unit.
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated
December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes
practicing soil science pursuant to G.S. 89F.]
(4) Hydrogeologic report. A hydrogeologic description prepared by a Licensed Geologist, Licensed
Soil Scientist, or Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively,
shall be provided to the Division by the applicant. The hydrogeologic evaluation shall be of the
subsurface to a depth of 20 feet or bedrock, whichever is less deep. An investigation to a depth
greater than 20 feet shall be required if the respective depth is used in predictive calculations. This
evaluation shall be based on sufficient numbers, locations, and depths of borings to define the
components of the hydrogeologic evaluation. In addition to borings, other techniques may be used
to investigate the subsurface conditions at the site, including geophysi cal well logs, surface
geophysical surveys, and tracer studies. This evaluation shall be presented in a report that includes
the following components:
(A) a description of the regional and local geology and hydrogeology;
(B) a description, based on field observations of the site, of the site topographic setting,
streams, springs and other groundwater discharge features, drainage features, existing and
abandoned wells, rock outcrops, and other features that may affect the movement of the
contaminant plume and treated wastewater;
(C) changes in the lithology underlying the site;
(D) the depth to bedrock and the occurrence of any rock outcrops;
(E) the hydraulic conductivity and transmissivity of the affected aquifer as determined by in -
situ field testing, such as slug tests or pumping tests, in the intended area of irrigation;
(F) the depth to the seasonal high water table;
(G) a discussion of the relationship between the affected aquifers of the site to local and
regional geologic and hydrogeologic features; a nd
(H) a discussion of the groundwater flow regime of the site prior to the operation of the
proposed unit and the post operation of the proposed unit, focusing on the relationship of
the unit to groundwater receptors, groundwater discharge features, and groundwater flow
media.
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North
Carolina Board for Licensing of Soil Scientists, via letter dated December 1, 2005, and North
Carolina Board of Examiners for Engineer s and Surveyors, via letter dated December 1, 2005,
have determined that preparation of hydrogeologic description documents pursuant to this
Paragraph constitutes practicing geology pursuant to G.S. 89E, soil science pursuant to G.S. 89F,
or engineering pursuant to G.S. 89C.]
(5) Property Ownership Documentation shall be provided to the Division by the applicant consisting
of:
(A) legal documentation of ownership, such as a contract, deed, or article of incorporation;
(B) an agreement of an intent to purchase the property that is written, notarized, and signed
by both parties, accompanied by a plat or survey map; or
(C) an agreement to lease the property that is written, notarized, and signed by both parties,
indicating the intended use of the property, accompanied by a plat or survey map. Lease
agreements shall adhere to the requirements of 15A NCAC 02L .0107.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1105 POLLUTANT LIMITS
(a) Residuals shall not be land applied if the concentration of any pollutant in the residuals exceeds the ceiling
concentration for that pollutant as stipulated in the following on a dry weight basis:

Pollutant Ceiling Concentration
(milligrams per kilogram)
Arsenic 75
Cadmium 85
Copper 4,300
Lead 840
Mercury 57
Molybdenum 75
Nickel 420
Selenium 100
Zinc 7,500
(b) Class B residuals shall not be land applied if the application causes the cumulative pollutant loading rate, on a
dry weight basis, to be exceeded for any pollutant as stipulated in the following:

Pollutant Cumulative Pollutant
Loading Rate
(kilograms per hectare)
Arsenic 41
Cadmium 39
Copper 1,500
Lead 300
Mercury 17
Nickel 420
Selenium 100
Zinc 2,800
Compliance with the cumulative pollutant loading rates shall be determined using one of the following methods:
(1) by calculating the existing cumulative level of pollutants using analytical data from all historical
land application of residuals not otherwise exempted by this Paragraph; or
(2) for land on which land application events of residuals has not occurred or for which the data
required in Paragraph (b) of this Rule is incomplete, by determining background concentrations
through representative soil sampling.
(c) Class A residuals shall not be applied if the concentration of any pollutant in the residuals exceeds the
concentration for that pollutant, as stipulated in the following on a dry weight basis:

Pollutant Monthly Average Concentration
(milligrams per kilogram)
Arsenic 41
Cadmium 39
Copper 1,500
Lead 300
Mercury 17
Nickel 420
Selenium 100
Zinc 2,800
(d) Residuals shall not be placed in a surface disposal unit if the concentration of any pollutant in the residuals
exceeds the concentration for that pollutant, as stipulated in the following on a dry weight basis:

Distance from Surface Disposal Unit Ceiling Concentration
Boundary to Closest Property Line (milligrams per kilogram)
(meters)
Arsenic Chromium Nickel
0 to less than 25 30 200 210
25 to less than 50 34 220 240
50 to less than 75 39 260 270
75 to less than 100 46 300 320
100 to less than 125 53 360 390
125 to less than 150 62 450 420
greater than 150 73 600 420

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1106 PATHOGEN REDUCTION REQUIREMENTS
(a) Class A biological residuals shall meet the following requirements:
(1) The requirements in this Paragraph shall be met no later than meeting the vector attraction
reduction requirements in Rule .1107 of this Section, unless the vector attraction reduction
methods in Rule .1107(a)(6), Rule .1107(a)(7), and Rule .1107(a)(8) of this Section are met.
(2) Biological residuals shall be monitored for the density of fecal coliform or Salmonella sp. bacteria
at the time that the residuals are used or disposed, or at the time they are prepared for sale or
giving away in a bag or other container for land application, to demonstrate that:
(A) the density of fecal coliform is less than 1,000 Most Probable Number per gram of total
solids on a dry weight basis; or
(B) the density of Salmonella sp. bacteria is less than three Most Probable Number per four
grams of total solids on a dry weight basis.
(3) The biological residuals meet one of the following requirements:
(A) Time and Temperature. The temperature of the biological residuals shall be maintained at
a specific value for a period of consecutive time in accordance with the following:

Total Solids Temperature (t) Time Equation to Determine
(percent) (degrees Celsius) Minimum Holding Time
(D) (days)
 7  50  20 minutes 131,700,000
100.1400t

 7  50  15 seconds1 131,700,000
100.1400t

< 7  50  15 seconds 131,700,000
<30 minutes 100.1400t

<7  50  30 minutes 50,070,000
100.1400t
1 – when residuals are heated by warmed gases or an immiscible liquid
(B) Alkaline Treatment. The pH of the biological residuals shall be raised to above 12 and
shall remain above 12 for 72 consecutive hours. The temperature of the biological
residuals shall be above 52 degrees Celsius for 12 hours or longer during the period that
the pH of the biological residuals is above 12. At the end of the 72 -hour period during
which the pH is above 12, the biological residuals shall be air dried to achieve a total
solids greater than 50 percent;
(C) Prior Testing for Enteric Viruses or Viable Helminth Ova. The biological residuals shall
be analyzed prior to pathogen reduction treatment to determine whethe r the biological
residuals contain enteric viruses or viable helminth ova. The density of enteric viruses
prior to pathogen reduction treatment shall be less than one Plaque -forming Unit per four
grams of total solids on a dry weight basis or the density o f viable helminth ova shall be
less than one per four grams of total solids on a dry weight basis. When the density of
enteric viruses or viable helminth ova are equal to or greater than these values, the
biological residuals shall be considered Class A following pathogen reduction treatment
if the resultant densities are less than these values and the operating parameters for the
pathogen reduction treatment are documented. After this demonstration, the biological
residuals shall be considered Class A if the operating parameters for the pathogen
reduction treatment are met and documented;
(D) No Prior Testing for Enteric Viruses or Viable Helminth Ova. The density of enteric
viruses in the biological residuals shall be less than one Plaque-forming Unit per four
grams of total solids on a dry weight basis or the density of viable helminth ova in the
biological residuals shall be less than one per four grams of total solids on a dry weight
basis at the time that the biological residuals are used or disposed or are prepared for sale
or giving away in a bag or other container for land application;
(E) Process to Further Reduce Pathogens - Composting. The biological residuals shall be
composted using either the within-vessel method or the static aerated pile met hod, during
which the temperature of the biological residuals is maintained at 55 degrees Celsius or
higher for three consecutive days or longer. Alternatively, the biological residuals shall
be composted using the windrow method, during which the temperat ure of the biological
residuals is maintained at 55 degrees Celsius or higher for 15 consecutive days or longer.
The windrow shall be turned five times during the period when the biological residuals
are maintained at 55 degrees Celsius or higher. Natural decay of the biological residuals
under uncontrolled conditions shall not be deemed to comply with these composting
requirements;
(F) Process to Further Reduce Pathogens - Heat Drying. The biological residuals shall be
dried by direct or indirect contact with hot gases to reduce the moisture content of the
biological residuals to 10 percent or lower. During the process, either the temperature of
the biological residuals particles shall exceed 80 degrees Celsius or the wet bulb
temperature of the gas in contact with the biological residuals as they leave the dryer
shall exceed 80 degrees Celsius;
(G) Process to Further Reduce Pathogens - Heat Treatment. The biological residuals shall be
heated to a temperature of 180 degrees Celsius or higher for 30 minutes. This process
shall be applied only to biological residuals that are in a liquid state;
(H) Process to Further Reduce Pathogens - Thermophilic Aerobic Digestion. The biological
residuals shall be agitated with air or oxygen to maintain aerobic conditions, and the
mean cell residence time of the biological residuals shall be 10 days at between 55 and 60
degrees Celsius. This process shall be applied only to biological residuals that are in a
liquid state;
(I) Process to Further Reduce Pathogens - Beta Ray Irradiation. The biological residuals
shall be irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at
room temperature, approximately 20 degrees Celsius;
(J) Process to Further Reduce Pathogens - Gamma Ray Irradiation. The biological residuals
shall be irradiated with gamma rays from certain isotopes, such as Cobalt 60 and Cesium
137, at room temperature, approximately 20 degrees Celsius; or
(K) Process to Further Reduce Pathogens - Pasteurization. The temperature of the biological
residuals shall be maintained at 70 degrees Celsius or higher for 30 minutes or longer.
(b) Class B biological residuals shall meet one of the following requirements:
(1) Fecal Coliform Density Demonstration. Seven samples of the biological residuals sh all be
collected at the time the residuals are used or disposed, and the geometric mean of the density of
fecal coliform in the samples collected shall be less than either 2,000,000 Most Probable Number
per gram of total solids on a dry weight basis or 2,0 00,000 Colony Forming Units per gram of
total solids on a dry weight basis.
(2) Process to Significantly Reduce Pathogens. The biological residuals meet one of the following
requirements:
(A) Aerobic Digestion. Biological residuals shall be agitated with air or oxygen to maintain
aerobic conditions for a specific mean cell time at a specific temperature. Values for the
mean cell residence time and temperature shall be between 40 days at 20 degrees Celsius
and 60 days at 15 degrees Celsius;
(B) Air Drying. Biological residuals shall be dried on sand beds or on paved or unpaved
basins for three months. During two of the three months, the ambient average daily
temperature shall be above zero degrees Celsius;
(C) Anaerobic Digestion. Biological residuals shall be treated in the absence of air for a
specific mean cell residence time at a specific temperature. Values for the mean cell
residence time and temperature shall be between 15 days at 35 to 55 degrees Celsius and
60 days at 20 degrees Celsius;
(D) Composting. Using either the within-vessel, static aerated pile, or windrow composting
methods, the temperature of the biological residuals shall be raised to 40 degrees Celsius
or higher and shall remain at 40 degrees Celsius or higher for five days. For four ho urs
during the five days, the temperature in the compost pile shall exceed 55 degrees Celsius.
Natural decay of the biological residuals under uncontrolled conditions shall not be
deemed to comply with these composting requirements; or
(E) Lime Stabilization. Sufficient lime shall be added to the biological residuals to raise the
pH to 12 after two hours of contact.
(c) Biological residuals placed in a surface disposal unit shall be exempt from meeting the Class A or Class B
pathogen requirements if the vector attraction method in Rule .1107(b)(2) of this Section is met.
(d) The pathogen reduction requirements in Subparagraph (a)(2) and Paragraph (b) of this Rule shall not apply for
biological residuals generated from treatment of waste to not contain pathogens.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1107 VECTOR ATTRACTION REDUCTION REQUIREMENTS
(a) Biological residuals shall not be land applied unless the requirements of one of the following vector attraction
reduction alternatives have been met:
(1) 38-Percent Volatile Solids Reduction. The mass of the volatile solids in the biological residua ls
shall be reduced by 38 percent between the time that the biological residuals enter the digestion
process and the time it is land applied;
(2) 40-Day Bench Scale Test. A portion of previously anaerobically-digested biological residuals
shall be further anaerobically-digested in the laboratory in a bench-scale unit for 40 additional
days at a temperature between 30 and 37 degrees Celsius. The volatile solids in the biological
residuals shall be reduced by less than 17 percent as measured from the beginni ng to the end of the
test;
(3) 30-Day Bench Scale Test. A portion of previously aerobically-digested biological residuals shall
be further aerobically-digested in the laboratory in a bench -scale unit for 30 additional days at a
temperature of 20 degrees Celsius. The previously aerobically-digested biological residuals shall
either have a concentration of two percent total solids or less or shall be diluted with effluent down
to two percent total solids at the start of the test. The volatile solids in the bi ological residuals shall
be reduced by less than 15 percent as measured from the beginning to the end of the test;
(4) Specific Oxygen Uptake Rate Test. The specific oxygen uptake rate (SOUR) for biological
residuals treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per
hour per gram of total solids on a dry weight basis corrected to a temperature of 20 degrees
Celsius;
(5) 14-Day Aerobic Processes. The biological residuals shall be treated in an aerobic process for 14
days or longer. During that time the temperature of the biological residuals shall be higher than 40
degrees Celsius, and the average temperature of the biological residuals shall be higher than 45
degrees Celsius;
(6) Alkaline Stabilization. The pH of the biological residuals shall be raised to 12 or higher by alkali
addition and, without the addition of more alkali, shall remain at 12 or higher for two hours and
then at 11.5 or higher for an additional 22 hours;
(7) Drying of Stabilized Residuals. The biological residuals shall be dried to 75 percent total solids if
the biological residuals contain no unstabilized solids from a primary wastewater treatment
process. The biological residuals shall not be mixed with other materials to meet this requirement;
(8) Drying of Unstabilized Residuals. The biological residuals shall be dried to 90 percent total solids
if the biological residuals contain unstabilized solids from a primary wastewater treatment process.
The biological residuals shall not be mixed with other materials to meet this requirement;
(9) Injection.
(A) Class B biological residuals shall be injected below the land surface in accordance with
40 CFR 503.33(b)(9)(ii); and
(B) Class A biological residuals shall be injected below the land surface withi n eight hours
after being discharged from the pathogen treatment process; or
(10) Incorporation.
(A) Class B biological residuals shall be incorporated into the soil within six hours after land
application; and
(B) Class A biological residuals shall be land applied within eight hours after being
discharged from the pathogen treatment process.
(b) Biological residuals shall not be placed in a surface disposal unit unless one of the following vector attraction
reduction alternatives have been met:
(1) Any alternative stipulated in Paragraph (a) of this Rule; or
(2) Daily Cover. Biological residuals shall be covered with soil or Division-approved material at the
end of each operating day.
(c) For biological residuals generated by wastewater treatment facilities treating industrial wastewater only, the
vector attraction reduction requirements in Paragraph (a) of this Rule shall be met unless the permittee demonstrates
that the residuals are pathogen free or meet the pathogen requirements in Rule .1106(b )(2) of this Section.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1108 SETBACKS
(a) For residuals treatment and storage facilities, the following setbacks in feet shall be as follows:

Each habitable residence or place of assembly under
separate ownership or not to be maintained as part of the project site 100
Each private or public water supply source 100
Surface waters such as intermittent and perennial streams, perennial waterbodies, and wetlands 50
Each well with exception of monitoring wells 100
Each property line 50
(b) For land onto which Class A bulk residuals are applied or stockpiled, the following setbacks in feet shall be as
follows:

Liquid Cake
Residuals Residuals
Each private or public water supply source 100 100
Surface waters such as intermittent and perennial streams, perennial
waterbodies, and wetlands 100 25
Surface water diversions such as ephemeral streams, waterways, and ditches 25 0
Groundwater lowering ditches where the bottom of the ditch intersects
the SHWT 25 0
Each well with exception of monitoring wells 100 100
Bedrock outcrops 25 0
(c) For land onto which Class B residuals are applied or stockpiled, the following setbacks in feet shall be as
follows:

Surface Surface Injection /
Application Application Incorporation
by Vehicle by Irrigation
Each habitable residence or
place of assembly under separate ownership
or not to be maintained as part of the project site 400 400 200
Each habitable residence or place
of assembly owned by the permittee, the owner of
the land, or the lessee or operator of the land to be
maintained as part of the project site 0 200 0
Each property line 50 150 50
Public right of way 50 50 50
Each private or public water supply source 100 100 100
Surface waters such as intermittent and perennial streams,
perennial waterbodies, and wetlands 32.8 32.8 32.8
Surface water diversions such as ephemeral streams, waterways,
and ditches 25 25 25
Groundwater lowering ditches where the bottom of the
ditch intersects the SHWT 25 100 25
Subsurface groundwater lowering drainage systems 0 100 0
Each well with exception of monitoring wells 100 100 100
Bedrock outcrops 25 25 25
Top of slope of embankments or cuts of two feet or more in
vertical height 15 15 15
Each building foundation or basement 0 15 0
Each water line 0 10 0
Nitrification field 0 20 0
(d) For the construction and operation of surface disposal units, the following setbacks in feet shall be as follows:

Each habitable residence or place of assembly
under separate ownership or not to be maintained as part of the project site 400
Each property line 50
Public right of way 50
Each private or public water supply source 100
Surface waters such as intermittent and perennial streams, perennial waterbodies, and
Wetlands 100
Surface water diversions such as ephemeral streams, waterways, and ditches 25
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 100
Subsurface groundwater lowering drainage systems 100
Each well with exception of monitoring wells 100
Each water line 10
(e) Setback waivers shall be written, notarized, signed by all parties involved, and recorded with the county Register
of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107.
(f) Setbacks to property lines established in Paragraphs (a), (c), and (d) of this Rule shall not be applicable if the
permittee, the entity from which the permittee is leasing, or the entity that executed the notarized landowner
agreement in 15A NCAC 02T .1104(c)(4) owns both parcels separated by the property line.
(g) Habitable residences or places of assembly under separate ownership constructed after the non-discharge
facilities were originally permitted or subsequently modified are exempt from the setback requirements in
Paragraphs (a) and (d) of this Rule.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1109 RESIDUALS MANAGEMENT PRACTICES
(a) Land applied residuals shall meet the following requirements:
(1) Residuals shall not be land applied under the following conditions:
(A) if the requirements specified by 40 CFR 503.14(a) as stated on January 1, 1996, and
incorporated by reference have not been met;
(B) if the application causes nuisance conditions;
(C) if the land fails to assimilate the residuals or the app lication causes the contravention of
surface water or groundwater standards;
(D) if the land is flooded, frozen, or snow-covered or is otherwise in a condition such that
runoff of the residuals would occur;
(E) within the 100-year flood elevation unless the residuals are injected or incorporated
within a 24-hour period following the application of residuals to land;
(F) during precipitation events or within 24 hours following a rainfall event of 0.5 inches or
greater in a 24-hour period;
(G) if the slope of the land is greater than 10 percent when liquid residuals are surface
applied, and if the slope of the land is greater than 18 percent when liquid residuals are
injected or incorporated;
(H) if the land does not have an established vegetative cover crop unless the land is a
Division-approved no-till site or the residuals are incorporated within a 24-hour period
following the injection or application of residuals to land;
(I) if the vertical separation of the seasonal high water table and the depth of res iduals
application is less than one foot;
(J) if the vertical separation of the depth to bedrock and the depth of residuals application is
less than one foot; or
(K) if the application exceeds agronomic rates, except for dedicated sites where the applicant
has specifically requested higher rates in an applications pursuant to Rule .1104(d) of this
Section.
(L) new land application sites located within a WS-I watershed pursuant to 15A NCAC 02B
.0212 or within the Critical Area of a WS-II pursuant to Sub-Item (4)(g) of Rule 15A
NCAC 02B .0212, or within the Critical Area of a WS -III or WS-IV watershed pursuant
to Sub-Item (4)(h) of Rules 15A NCAC 02B .0215, and .0216.
(2) Class B land application sites shall have the following public access restrictions:
(A) public access to public contact sites shall be restricted for one calendar year after any
land application of residuals;
(B) public access to land that is not a public contact site shall be restricted for 30 days after
any land application of residuals; and
(C) public access to land associated with a dedicated land application site shall be restricted
continuously while the land is permitted for active use and for one calendar year after the
final land application of residuals.
(3) Class B land application sites shall have the following harvesting and grazing restrictions:
(A) animals shall not be allowed to graze on land for 30 calendar days after any land
application of residuals;
(B) food crops, feed crops, and fiber crops shall not be harvested for 30 calendar days after
any land application of residuals;
(C) food crops with harvested parts that touch the mixture of residuals and soil and are totally
above the land surface shall not be harvested for 14 months after any land appli cation of
residuals;
(D) food crops with harvested parts below the land surface shall not be harvested for 20
months after any land application of residuals if the residuals remain on the land surface
for four months or longer prior to incorporation into t he soil;
(E) food crops with harvested parts below the land surface shall not be harvested for 38
months after any land application of residuals if the residuals remain on the land surface
for less than four months prior to incorporation into the soil; and
(F) turf grown on land where residuals are applied shall not be harvested for one calendar
year after any land application of residuals.
(b) Class A residuals that are sold or given away in a bag or other container for land application shall be exempt
from Paragraph (a) of this Rule.
(c) Class A residuals that are sold or given away in a bag or other container for land application, shall either have a
label affixed to the bag or other container, or an information sheet shall be provided to the person who receives the
residuals. The label or information sheet shall contain the following information:
(1) the name and address of the person who prepared the residuals;
(2) a statement that land application of the residuals is prohibited except with the instructions on the
label or information sheet; and
(3) that residuals must be applied at agronomic rates and recommended rates for intended uses.
(d) Surface disposal units shall meet the following requirements:
(1) New and expanding surface disposal units shall meet the following requirements:
(A) Surface disposal units shall not be located in a seismic impact zone unless designed to
withstand the maximum recorded horizontal ground level acceleration.
(B) Surface disposal units shall not be located less than 60 meters from a fault that has
displacement in Holocene time.
(C) Surface disposal units shall not be located within a geologically unstable area.
(D) Surface disposal units shall not be located within the 100-year floodplain.
(E) Surface disposal units shall not restrict base flood flow.
(F) The vertical separation of the seasonal high water table and the bottom of surface
disposal units shall not be less than three feet.
(G) Surface disposal units shall be provided with a liner system with a maximu m hydraulic
conductivity of 10-7 centimeters per second. Units into which cake residuals are to be
placed shall be equipped with a leachate collection system. Units into which liquid
residuals are to be placed shall be equipped with a decanting system and freeboard
marker.
(2) The following requirements shall be met while surface disposal units are permitted for active use
and for three calendar years after closure:
(A) The requirements specified by 40 CFR 503.24(a) as stated on January 1, 1996 and
incorporated by reference shall be met.
(B) Surface disposal units shall not cause nuisance conditions.
(C) Surface disposal units shall not cause the contravention of surface water or groundwater
standards.
(D) Runoff from a 24-hour 25-year storm event, decant water, and leachate shall be collected
from surface disposal units.
(E) If biological residuals are placed in the surface disposal unit, the concentration of
methane gas shall not exceed 25 percent of the lower explosive limit for methane gas in
any structure within the surface disposal unit boundary.
(F) If biological residuals are placed in the surface disposal unit, the concentration of
methane gas shall not exceed the lower explosive limit for methane gas at any property
line of the surface disposal unit.
(G) Public access to surface disposal units shall be restricted continuously.
(H) Animals shall not be allowed to graze on surface disposal units.
(I) Food crops, feed crops, and fiber crops shall not be harvested from surface disposal units.
(3) Following active use, surface disposal units shall be closed. Permits for surface disposal units shall
be maintained for three years following successful closure. Requests for approval of closure plans
shall be submitted to the Division at least 180 days prior to the date that a surface disposal unit is
to be closed and shall include the following information:
(A) how the surface disposal unit will be closed;
(B) a discussion of how the leachate collection system will be operated and maintained, if
applicable;
(C) a description of the system used to monitor the air for methane gas in the air in any
structures within the surface disposal unit boundary and at the property line of the surface
disposal unit, if applicable;
(D) a discussion of how public access to the surface disposal unit will be restricted; and
(E) proof that the deed for the surface disposal unit property has been amended to provide
permanent written notification to subsequent owners of the property that the property was
used for the purposes of operating a surface disposal unit.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1110 OPERATION AND MAINTENANCE
(a) An Operation and Maintenance Plan shall be maintained for all residuals management programs. The plan shall:
(1) describe the operation of the program and all associated facilities and equipment in sufficient
detail to show what operations are necessary for the program to function and by whom the
functions are to be conducted;
(2) describe anticipated maintenance of facilities and equipment that are associated with the program;
(3) include provisions for safety measures, including restriction of access to the site and equipment, as
appropriate;
(4) include spill control provisions, including:
(A) response to upsets and bypasses, including control, containment, and remediation; and
(B) contact information for program personnel, emergency responders, and regulatory
agencies;
(5) detail procedures for sampling and monitoring to ensure that the program stays in compliance with
this Section and each issued permit; and
(6) for surface disposal units, detail procedures for post-closure care management.
(b) The permittee shall ensure that an electronic or physical copy of their permit and the Operation and Maintenance
Plan required by Paragraph (a) of this Rule is available when land applying residuals.
(c) Residuals shall be stored or staged in a manner to prevent runoff of leachate and other wastewaters generated
from residuals storage or staging.
(d) Class A residuals may be staged at the application site for up to 30 days for biological residuals and 60 days for
non-biological residuals. Storage or staging that exceeds these limits shall require written approval from the
Division.
(e) Class B residuals shall not be stored or staged at any land application site without prior written approval from
the Division.
(f) The permittee shall perform inspections and maintenance on storage, distribution, and application facilities.
(g) Class B land application areas shall be clearly marked on each site prior to and during any land application of
residuals.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1111 MONITORING AND REPORTING
(a) Representative samples of residuals that are prepared for land application or placed in a surface disposal unit
shall be collected and analyzed.
(b) The analytical methods listed in 40 CFR 503.8(b) are incorporated by reference with subsequent amendments
and editions. This regulation may be found at no cost at: https://www.epa.gov/laws -regulations/regulations.
(c) Residuals land applied or placed in a surface disposal unit shall be monitored for pollutants as required by Rules
.1105(a), .1105(d), .1106, and .1107 of this Section, as applicable, at the following frequency:

Metric Tons per 365 day period Monitoring Frequency
(Dry Weight Basis)
Greater than zero but less than 290 Once per year
Equal to or greater than 290 but less than 1,500 Once per quarter (four times per year)
Equal to or greater than 1,500 but less than 15,000 Once per 60 days (six times per year)
Equal to or greater than 15,000 Once per month (12 times per year)
(d) A report of all monitoring and reporting requirements as specified in the permit shall be submitted to the
Division by the permittee annually on or before March 1st of each calendar year.
(e) All records shall be retained for five years.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

SECTION .1200 – COAL COMBUSTION PRODUCTS MANAGEMENT

15A NCAC 02T .1201 SCOPE
(a) This Section shall apply to the treatment, storage, transportation, and beneficial reuse of coal combustion
products (CCPs) that meet the definition of wastewater treatment residuals. This Section shall not regulate the
treatment, storage, transportation, use, or disposal of:
(1) CCPs that are not generated from a wastewater treatment facility;
(2) CCPs that are transported out of state for treatment, storage, use, or disposal; and
(3) CCPs that are used for structural fill.
(b) CCPs may be distributed for the following uses:
(1) fuel for combustion for energy recovery in equipment such as boilers an d furnaces;
(2) material for manufacturing concrete products, asphalt products, brick products, lightweight
aggregate, roofing materials, insulation products, plastics, paints, bowling balls, cosmetics, and
other manufactured products in which the CCPs are encapsulated in the manufactured product;
(3) daily, intermediate, and final cover as well as any other use at a landfill as approved by the
Division of Waste Management;
(4) material for traction control during snow and ice events;
(5) substitute for blasting grit, roofing granules, and filter cloth precoat for residuals dewatering;
(6) flowable fill for backfill of trenches for potable water mains as approved by the Division of
Environmental Health, sanitary sewers, storm drainage structures, and other similar uses where
flowable fill is used in lieu of compacted soil;
(7) raw product for the stabilization of residuals;
(8) soil nutrient additive, amendment, or other agricultural purpose;
(9) overlay for roads, residential driveways, farm roads, and high-traffic farm areas; or
(10) bedding for pipes, railroad beds, and underground storage tanks.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1202 DEFINITIONS
As used in this Section:
(1) "Coal combustion products" or "CCPs" is defined in G.S. 130A-309.201(4).
(2) "Dry weight basis" shall mean the weight calculated after the CCPs have been dried at 105 degrees
Celsius until they reach a constant mass.
(3) "Flowable fill" shall mean a controlled, low strength, cementitious material that is used primarily
as a backfill in lieu of compacted soil and typically exhibits a compressive strength of greater than
30 pounds per square inch.
(4) "Land application" shall mean the spraying or spreading of CCPs onto the land surface, the
injection of CCPs below the land surface, or the incorporation of CCPs into the soil so that the
CCPs can condition the soil or fertilize crops or vegetation grown in the soil.
(5) "Monthly average" shall mean the arithmetic mean of all measurements taken during a month.
(6) "Pollutant limit" shall mean a numerical value that describes the amount of a pollutant allowed per
unit amount of CCPs.
(7) "Source of CCPs" shall mean the point of origin of the CCPs, such as a coal fired power plant's
wastewater treatment system.
(8) "Toxicity Characteristic Leaching Procedure" shall mean EPA Test Method Number 1311 as
described in EPA publication SW-846, entitled Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1203 PERMITTING BY REGULATION
(a) The following activities shall be deemed permitted in accordance with Rule .0113 of this Subchapter if the
activity does not result in any violations of groundwater or surface water quality standards, there is no direct
discharge to surface waters, the generator of the CCPs provides the information required by Rule .1207(a) of this
Section to the recipient of the CCPs, and all other criteria required for the specific activity are met:
(1) use of CCPs as fuel for combustion in boilers, furnaces, etc. for energy recovery;
(2) use of CCPs as material for manufacturing concrete products, asphalt products, brick products,
lightweight aggregate roofing materials, insulation products, plastics, paints, bowling balls,
cosmetics and other manufactured products in which the CCPs are encapsulated in the
manufactured product;
(3) use or disposal of CCPs in a solid waste facility permitted by the Division of Waste Management
that is approved to receive the CCPs;
(4) use of CCPs as material for traction control during snow and ice events, if the CCPs do not exceed
the leachate concentrations set forth in Rule .1205(a) of this Section;
(5) use of CCPs as a substitute for blasting grit, roofing granules, and filter cloth precoat for residuals
dewatering, if the CCPs do not exceed the leachate concentrations of concern in Rule .1205(a) of
this Section;
(6) use of CCPs in flowable fill for backfill of trenches for potable water mains as approved by the
Division of Environmental Health, sanitary sewers, storm drainage structures, and other trenching
uses if the CCPs do not exceed the leachate concentrations set forth in Rule .1205(a) of this
Section;
(7) use of CCPs as a raw product for the stabilization of residuals; and
(8) land application of CCPs if the following criteria are met:
(A) the CCPs meet the pollutant limits in Rule .1205 of this Section;
(B) the land application activities meet all applicable conditions of Rule .1108(b)(1) and
Rule.1109(b)(1) of this Subchapter; and
(C) less than 12,400 tons are applied to any one site.
(b) Unless otherwise specified Paragraph (a) of this Rule, CCPs that are used for the activities deemed permitted in
this Rule are not subject to the pollutant limits in Rule .1205 of this Section.
(c) The Director may determine that a system should not be deemed permitted in accordance with this Rule and
Rule .0113 of this Subchapter. This determination shall be made in accordanc e with Rule .0113(e) of this
Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1204 APPLICATION REQUIREMENTS
(a) The requirements in this Rule shall apply to activities not deemed permitted under Rule .1203 of this Section.
(b) For new and modified sources of CCPs:
(1) site plans or maps shall be provided to the Division by the applicant, depicting the location of the
source;
(2) an analysis of the CCPs shall be provided to the Division by the applicant. The analysis shall
include all pollutants identified in Rule .1205 of this Section. If the CCPs are to be used in a land
application, the analyses shall also include nutrients and micronutrients; and
(3) a sampling/monitoring plan that describes how Rule .1205 of this Section shall be complied with
shall be provided to the Division by the applicant.
(c) For uses of CCPs not already approved by the applicant's or permittee's individual permit, information shall be
provided to the Division by the applicant that describes and explains site-specific engineering or institutional
controls proposed to prevent adverse impacts to public health and the environment.
(d) For the use of CCR for land application with greater than 12,400 tons of CCP to be applied to a single site,
documentation shall be provided to the Division by the applicant, showing that environmental releases to
groundwater, surface water, and soil are comparable to or lower than those from analogous products made without
CCR, or that environmental releases to groundwater, surface water, or soil will be at or below relevant regulatory
and health-based benchmarks for human and ecological receptors during use .
(e) Information listed in Paragraph (c) of this Rule shall not be required if a permit from the Division has been
issued to the source of CCPs that addresses the use of CCPs at sites where the CCPs are used for bedding.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1205 POLLUTANT LIMITS
(a) Except as provided for in Rule .1203 of this Section, CCPs shall not be distributed for use or used if the
concentration of any pollutant during the performance of a Toxicity Characteristic Leaching Procedure of the CCPs
exceeds the leachate concentration of concern for that pollutant as follows:
Pollutant Leachate Concentration of Concern
(milligrams per liter)
Arsenic 5.0
Barium 100.0
Cadmium 1.0
Chromium 5.0
Lead 5.0
Mercury 0.2
Selenium 1.0
Silver 5.0

(b) Except as provided for in Rule .1203 of this Section, CCPs shall not be distributed for use or used if the
concentration of any pollutant in the CCPs exceeds the ceiling concentration for that pollutant on a dry weight basis
as follows:
Pollutant Ceiling Concentration
(milligrams per kilogram)
Arsenic 75
Cadmium 85
Copper 4,300
Lead 840
Mercury 57
Molybdenum 75
Nickel 420
Selenium 100
Zinc 7,500
(c) Except as provided for in Rule .1203 of this Section, CCPs shall not be distributed for use or used if the
concentration of any pollutant in the CCPs exceeds the concentration for that pollutant on a dry weight basis as
follows:
Pollutant Monthly Average Concentration
(milligrams per kilogram)
Arsenic 41
Cadmium 39
Copper 1,500
Lead 300
Mercury 17
Molybdenum 75
Nickel 420
Selenium 100
Zinc 2,800
(d) CCPs may be distributed for use or used if the limits specified in Paragra phs (a), (b), or (c) of this Rule are not
met if the following criteria are met:
(1) the potential release of pollutants from the CCPs to the environment is minimized to the extent
practicable; and
(2) the applicant demonstrates that it will meet the applicable surface water and groundwater quality
standards at the compliance boundary at the site of use.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1206 SETBACKS
For areas in which CCPs are stored, the following setbacks, in feet, shall be adhered to:
Each private or public water supply source 100
Surface waters such as intermittent and perennial streams, perennial
waterbodies, and wetlands 50
Each well with exception of monitoring wells 100
Seasonal high water table 2
All distances are horizontal distances except for the distance from a seasonal high water table, which is measured as
a vertical distance.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1207 MANAGEMENT PRACTICES
(a) For CCPs that are distributed for use, the following shall be provided by the permittee to the person who
receives the CCPs:
(1) the name and address of the person who distributed the CCPs;
(2) materials safety data, pursuant to 29 CFR 1910.1200, for the CCPs;
(3) guidance regarding how to comply with Paragraphs (b), (c), and (d) of this Rule;
(4) guidance regarding requirements required by this Section that are specific to the intended use and
must be followed by the recipient of the CCPs; and
(5) a statement that use of the CCPs is prohibited unless in compliance with the guidance provided.
(b) CCPs shall be transported in a manner that does not cause nuisances and hazards to public health or safety or
otherwise cause an adverse impact.
(c) The person distributing CCPs shall take preparatory measures to store CCPs prior to distribution for use, as well
as prior to use, to prevent unpermitted runoff to surface waters.
(d) The person distributing CCPs shall take actions necessary to prevent wind erosion and surface runoff from
conveying CCPs onto adjacent property or into any surface waters prior to distribution for use as well as after use.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1208 OPERATION AND MAINTENANCE
An Operation and Maintenance Plan shall be maintained for all CCPs management programs. The plan shall:
(1) describe the operation of the program and associated wastewater treatment systems and equipment
in sufficient detail to show what operations are necessary for the program to function and by
whom the functions are to be conducted;
(2) describe anticipated maintenance of wastewater treatment systems and equipment that are
associated with the program;
(3) include provisions for safety measures, including restriction of access to the site and equipment, as
appropriate;
(4) include spill control provisions, including:
(a) response to spills, including control, containment, and remediation; and
(b) contact information for program personnel, emergency responders, and regulatory
agencies;
(5) describe the sampling and analysis protocol used to ensure that the program complies with this
Section and all issued permits.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1209 MONITORING AND REPORTING
(a) Records shall be maintained by the permittee of all CCPs distributed for use or used and shall include the
following:
(1) the source, volume, and type of CCPs distributed for use or used;
(2) the date of CCPs distributed for use or used; and
(3) the name of the initial recipient of the CCPs and a description of their intended use.
(b) A report of all monitoring and reporting requirements as specified in the permit shall be submitted annually to
the Division by the Permittee on or before March 1st of each calendar year.
(c) All records shall be retained for five years.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

SECTION .1300 – ANIMAL WASTE MANAGEMENT SYSTEMS

15A NCAC 02T .1301 SCOPE
The rules in this Section shall apply to all persons proposing to construct, modify, expand, or operate an animal
waste management system. These Rules shall not apply to manure haulers regulated pursuant to Section .1400 of
this Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1302 DEFINITIONS
The definitions in G.S. 143-215.10B, in Rule .0103 and .1102 of this Subchapter, and as follows shall apply to this
Section.
(1) "Animal waste management plan" means a plan to properly collect, store, treat or apply animal
waste to the land in an environmentally safe manner developed in accordance with G.S. 143 -
215.10C.
(2) "Animal Waste Residuals" means residuals that have been generated during the treatment of
animal waste.
(3) "Bag or other container" shall mean a bag, bucket, bin, box, carton, vehicle, trailer, tanker, or an
open or closed receptacle with a load capacity of 1.102 short tons or one metric ton or less.
(4) "Expanded animal waste management system" means an increase in the permitted steady state live
weight associated with the animal waste management system.
(5) "New animal waste management system" means animal waste management systems that are
constructed and operated at a site where no feedlot existed previously or where a permit for a
system has been rescinded and then reissued when the permittee confines animals in excess of the
thresholds established in G.S. 143-215.10B. Notwithstanding Rule .1307(a) of this Section, a new
animal waste management system shall not include a facility where a system serving a feedlot that
has been abandoned or unused for a period of less than five years and then put back into service or
if the facility:
(a) has had no animals on site for five continuous years or more;
(b) notifies the Division in writing at least 60 days prior to bringing any animals back on to
the site;
(c) was depopulated after January 1, 2005, and the system ceased operation no longer than
10 years prior to the current date;
(d) at the time the system ceased operation, was in compliance with an individual permit or a
general permit issued pursuant to G.S. 143-215.10C;
(e) was issued an individual permit or certificate of coverage under a general permit issued
pursuant to G.S. 143-215.10C for operation of the system before any animals are brought
on the facility;
(f) was issued a permit that does not allow production, measured by steady state live weight,
to exceed the greatest steady state live weight previously permitted for the system und er
G.S. 143-215.10C;
(g) has no component of the animal waste management system, other than an existing barn or
land application site, constructed on land that is located within the 100-year floodplain;
and
(h) has an inactive animal waste management system that was not closed using the
expenditure of public funds and was not closed pursuant to a settlement agreement, court
order, cost share agreement, or grant condition.
(6) "NRCS" means the U.S. Department of Agriculture - Natural Resources Conservation Service.

History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; S.L. 2013-413; S.L. 2015-263;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1303 PERMITTING BY REGULATION
(a) The following systems shall be deemed permitted pursuant to Rule .0113 of this Subchapter provided the system
meets the criteria in Rule .0113 of this Subchapter and all criteria required for the specific system by this Rule:
(1) Systems that do not meet the criteria of an animal operation permitted under Rule .1304 or Rule
.1305 of this Subchapter and all other systems not specifically me ntioned in this Section if:
(A) the animal waste is land applied at no greater than agronomic rates to land owned by the
waste generator or under the waste generator's authority;
(B) the storage and land application of animal waste is no closer than 100 f eet from a well
other than a monitoring well;
(C) animal waste is not applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application; and
(D) no animal waste is land applied during precipitation events.
(2) Poultry operations that use a dry litter system with more than 30,000 birds and that do not meet the
criteria specified in Rule .1305 of this Subchapter if:
(A) records are maintained for three years that include the dates the litter was removed, the
estimated amount of litter removed, and the location of the sites where the litter was land
applied by the poultry operation;
(B) the waste is applied at no greater than agronomic rates;
(C) a vegetative buffer of at least 25 feet is maintained from a perennial stream or perennial
waterbody for land application sites;
(D) land application of litter is no closer than 100 feet from a well other than a monitoring
well;
(E) litter is stockpiled no closer than 100 feet from a perennial stream, perennial waterbody,
or well other than a monitoring well;
(F) litter is not stockpiled uncovered for greater than 15 days;
(G) litter is not applied on land that is flooded, saturated with water, frozen, or snow covered
at the time of land application;
(H) no litter is land applied during precipitation events; and
(I) if a manure hauler is used, records are maintained of the dates the litter was removed, the
estimated amount of litter removed, and the name, address, and phone number of the
manure hauler.
(3) Land application sites under separate ownership from the waste generator, that receive animal
waste from animal waste management systems that are deemed permitted, when all the following
conditions are met:
(A) the waste is applied at no greater than agronomic rates;
(B) the storage and land application of animal waste is no closer than 100 feet from a well
other than a monitoring well;
(C) a vegetative buffer of at least 25 feet is maintained from a perennial stream or perennial
waterbody;
(D) animal waste is not applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application; and
(E) no animal waste is land applied during precipitation events.
(b) The Director may determine that a system should not be deemed permitted in accord ance with this Rule and
Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this
Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1304 STATE PERMITTING REQUIREMENTS
(a) This rule shall apply to animal waste management systems that meet the definition of an animal operation in
G.S. 143-215.10B but are not subject to regulation pursuant to Rule .1305 of this Section.
(b) An animal waste management plan shall be submitted as follows:
(1) The animal waste management practices or combination of practices that are selected to comprise
a plan for a specific facility shall meet NRCS standards, the standard of practices adopted by the
Soil and Water Conservation Commission pursuant to 02 NCAC 59E .0104, or standards for any
combination of practices that provide water quality protection and are approved by o ne of these
two agencies; and all applicable State statutes and rules at the time of development or design.
NRCS standards relating to phosphorus application rates for animal waste shall not be
incorporated as part of this rule.
(2) Permittee shall submit plans that have been approved by a technical specialist. The technical
specialist shall certify that the best management practices that comprise the approved plan meet
applicable standards and specifications, pursuant to G.S. 143 -215.10C. The certification shall be
submitted to the Division on Division-supplied forms or forms approved by the Division as
providing the same information as required by the Division's forms.
(3) The waste shall not be applied at greater than agronomic rates.
(4) The land application and siting setbacks shall meet the applicable conditions established in G.S.
106-803 and NRCS standards at the time of site construction or at the time waste is first applied at
the land application site.
(5) Notwithstanding Subparagraph (b)(4) of this Rule, land application of waste shall be no closer
than 100 feet from a well other than a monitoring well and no closer than 200 feet from a dwelling
not owned by the waste generator at the time waste is first applied at the land application site.
Setback waivers related to distance of land application of waste from a dwelling not owned by the
waste generator shall be written, notarized, signed by all parties involved, and recorded with the
county of Register of Deeds.
(6) Notwithstanding Rule .1304(b)(4) of this Section, a vegetative buffer of at least 25 feet is
maintained from a perennial stream or perennial waterbody for land application sites.
(7) The waste shall not be applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application.
(8) Land application of waste shall be prohibited during precipitation events.
(9) All waste application equipment shall be tested and calibrated at least once every two calendar
years, and the results shall be documented on forms supplied by or approved by the Division as
providing the same information as required by the Division's forms.
(10) Visible waste-level gauges shall be installed and maintained to mark the level of the waste in each
animal waste lagoon or storage pond that does not gravity feed through a free flowing transfer pipe
into a subsequent waste storage structure. The gauge shall have readily visible permanent
markings.
(11) New and expanded animal waste treatment systems, such as lagoons and waste storage str uctures,
shall be located at least 100 feet from a perennial stream or perennial waterbody. For new and
expanding systems, this setback requirement shall also apply to areas in feedlots where an
established vegetative cover will not be maintained because of the concentration of animals, with
the exception of stock trails and stream crossings.
(12) For animal waste management facilities desiring to increase their animal population beyond that
permitted, a new individual permit or new certificate of coverage to operate under a general permit
shall be issued before the additional animals are stocked.
(c) For each change of ownership of the system, the new owner shall notify the Division in writing within 60 days
of transfer of ownership.
(d) New and expanding swine facilities shall demonstrate compliance with Rule .1307 of this Section prior to
receiving a permit from the Division.

History Note: Authority G.S. 106-803; 143-215.1; 143-215.3(a); 143-215.10A; 143-215.10C; 143-215.10I;
Eff. September 1, 2006;
Amended Eff. January 1, 2009;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1305 NPDES PERMITTING REQUIREMENTS
(a) This Rule shall apply to animal waste management systems subject to regulation pursuant to G.S. 143 -215.10C
and 40 CFR 122.23, which is incorporated by reference including subsequent amendments and editions and shall
apply throughout this Rule. 40 CFR 122.23 can be accessed free of charge at http://www.gpo.gov/fdsys/.
(b) With the exception of dry litter poultry systems, an animal waste management plan shall be submitted as
follows:
(1) The animal waste management practices or combination of practices that are selected to comprise
a plan for a specific facility shall meet NRCS standards, the standard of practices adopted by the
Soil and Water Conservation Commission pursuant to 02 NCAC 59E .0104, or standards for any
combination of practices that provide water quality protection and are approved by one of these
two agencies; and all applicable State statutes and rules and all applicable federal requirements at
the time of development or design.
(2) Permittee shall submit plans that have been approved by a technical specialist. The technical
specialist shall certify that the best management practices that comprise the approved plan meet
applicable standards and specifications, pursuant to G.S. 143 -215.10C. The certification shall be
submitted to the Division on Division-supplied forms or forms approved by the Division as
providing the same information as required by the Division's fo rms.
(3) The waste shall not be applied at greater than agronomic rates.
(4) The land application and siting setbacks shall meet the applicable conditions established in G.S.
106-803, and NRCS standards at the time of site construction or at the time waste is first applied at
the land application site.
(5) The land application and siting setbacks must meet the applicable conditions established in 40
CFR Part 412.
(6) Notwithstanding Subparagraph (b)(4) of this Rule, land application of waste shall be no clo ser
than 100 feet from a well other than a monitoring well and no closer than 200 feet from a dwelling
not owned by the waste generator at the time waste is first applied at the land application site.
Setback waivers related to distance of land application of waste from a dwelling not owned by the
waste generator shall be written, notarized, signed by all parties involved, and recorded with the
county of Register of Deeds.
(7) The waste shall not be applied on land that is flooded, saturated with water, fro zen, or snow
covered at the time of land application.
(8) Land application of waste shall be prohibited during precipitation events.
(9) All waste application equipment shall be tested and calibrated at least once every calendar year,
and the results shall be documented on forms supplied by or approved by the Division as
providing the same information as required by the Division's forms.
(10) Visible waste-level gauges shall be installed and maintained to mark the level of the waste in each
animal waste lagoon or storage pond that does not gravity feed through a free flowing transfer pipe
into a subsequent waste storage structure. The gauge shall have readily visible permanent
markings.
(11) New and expanded animal waste treatment systems, such as lagoons and waste storage structures,
shall be located at least 100 feet from a perennial stream or perennial waterbody. For new and
expanding systems, this setback requirement shall also apply to areas in feedlots where an
established vegetative cover will not be maintained because of the concentration of animals, with
the exception of stock trails and stream crossings.
(12) For animal waste management facilities desiring to increase their animal population beyond that
permitted, a new individual permit or new certificate of coverage to operate under a general permit
must be issued before the additional animals are stocked.
(c) Dry litter poultry systems, for the purpose of this Rule and G.S. 143 -215.10C, shall submit an animal waste
management plan as follows:
(1) The animal waste management practices or combination of practices that are selected to comprise
a plan for a specific facility shall meet NRCS standards, the standard of practices adopted by the
Soil and Water Conservation Commission, or standards for any combination of practices that
provide water quality protection and are approved by one of these two agencies; and all applicable
State statutes and rules and all applicable federal requirements at the time of development or
design.
(2) The land application and siting setbacks shall meet the conditions established in NRCS standards
and 40 CFR Part 412 at the time of construction.
(3) New and expanded animal waste structures, such as houses and dry stacks, shall be protected from
the 100-year flood as determined by the Federal Emergency Management Agency.
(4) The waste shall not be applied at greater than agronomic rates.
(5) Notwithstanding Subparagraph (c)(2) of this Rule, land application of litter shall be no closer than
100 feet from a well other than a monitoring well and no closer than 200 feet from a dwelling not
owned by the waste generator at the time waste is first applied at the land application site. Setback
waivers related to distance of land application of waste from a dwelling not owned by the waste
generator shall be written, notarized, signed by all parties involved, and recorded with the county
Register of Deeds.
(6) The waste shall not be applied on land that is flooded, saturated wit h water, frozen, or snow
covered at the time of land application.
(7) Land application of litter shall be prohibited during precipitation events.
(8) All waste application equipment shall be tested and calibrated at least once every calendar year,
and the results shall be documented on forms supplied by or approved by the Division as
providing the same information as required by the Division's forms.
(9) Visible waste-level gauges shall be installed and maintained to mark the level of the waste in each
animal waste lagoon or storage pond that does not gravity feed through a free flowing transfer pipe
into a subsequent waste storage structure. The gauge shall have readily visible permanent
markings.
(10) For animal waste management facilities desiring to increase their animal population beyond that
permitted, a new individual permit or new certificate of coverage to operate under a general permit
shall be issued before the additional animals are stocked.
(d) For each change of ownership of the system, the new owner shall notify the Division in writing within 60 days
of transfer of ownership.
(e) Systems shall meet all applicable requirements of 40 CFR Part 122 and 40 CFR Part 412.
(f) New and expanding swine facilities shall demonstrate compliance with Rule .1307 of this Section prior to
receiving a permit from the Division.

History Note: Authority G.S. 106-803; 143-215.1; 143-215.3(a); 143-215.10A; 143-215.10C; 143-215.10I;
Eff. September 1, 2006;
Amended Eff. January 1, 2009;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1306 CLOSURE REQUIREMENTS
(a) Any containment basin, such as a lagoon or a waste storage structure, permitted at an animal operation other
than a cattle facility pursuant to this Section shall continue to be subject to the conditions and requirements of the
facility's permit until it is closed in compliance with NRCS standards and the permit is rescinded by the Division.
Closure shall include pre-notification to the Division and submittal of closure form within 15 days of completion of
closure to the Division on a closure form supplied by the Division or a form approved by the Division as providing
the same information as required by the Division's forms.
(b) Any Containment basin, such as a lagoon or a waste storage structure, permitted at a cattle facility pursuant to
this Section shall continue to be subject to the conditions and requirements of the facility's permit until that permit is
rescinded by the Division, based on the factors set out in 15A NCAC 02T .0113(e). Upon request of the permittee,
the permit may be rescinded by the Division prior to closure of the containment basin if the cattle facility has not
met the definition of an animal operation as established in G.S. 143-215.120B for the previous three years or longer.
Upon permit rescission, the following requirements shall apply:
(1) The cattle facility shall be subject to the requirements of Rule .1303 of this Section and Rule .0113
of this Subchapter until the containment basin is closed in compliance with NRCS standards.
(2) The farm owner shall maintain records of land application and weekly records of containment
basin waste levels on forms provided by or approved by the Division.
(3) Closure shall include pre-notification to the Division and the submittal of a closure form within 15
days of completion of closure to the Division on a closure form supplied by the Division or a form
approved by the Division as providing the same information as required by the Division's forms.
(c) The Division shall have the authority to deny a request for permit rescission based on the factors set out in Rule
.0113(e) of this Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; S.L. 2013-413;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1307 SWINE WASTE MANAGEMENT SYSTEM PERFORMANCE STANDARDS
(a) This Rule applies to animal waste management systems subject to regulation pursuant to G.S. 143 -215.10I and
S.L. 2015-263.
(b) An animal waste management system that serves a swine farm subject to regulation pursuant to G.S. 143 -
215.10I shall meet all of the following performance standards:
(1) Eliminate the discharge of animal waste to surface waters and groundwater through direct
discharge, seepage, or runoff. To meet this standard:
(A) earthen structures shall be designed and constructed with synthetic liners to eliminate
seepage;
(B) solids storage structures shall meet applicable engineering practices and NRCS design
standards;
(C) the Certified Animal Waste Management Plan (CAWMP) shall include all components
listed in G.S. 143-215.10C(e), meet current North Carolina NRCS 590 Nutrient
Management Conservation Practice Standard requirements, and comply with t he NRCS
national policy for Comprehensive Nutrient Management Plans (CNMP) as defined in the
NRCS General Manual, Title 190, Part 405, which are incorporated by reference,
including subsequent additions or amendments. The General Manual may be downloaded
at no cost from the NRCS website: https://www.nrcs.usda.gov/;
(D) swine waste treatment structures that automatically convey swine waste using pumps
shall have audible and visible high water alarms with an auto dialer device set to contact
the farm owner or farm manager; a gravity overflow to a basin that can contain the flow
rate of the largest pump in the system for the maximum amount of time that an operator
will not be on-site; or a secondary containment structure designed, constructed, and
operated to contain the volume of the largest animal waste treatment structure and the
flow rate of the largest pump in the system for the maximum amount of time that an
operator will not be on-site; and
(E) no more than the equivalent volume of one month of design flo w of untreated swine
waste shall be accumulated and stored prior to the initiation of treatment;
(2) Substantially eliminate atmospheric emission of ammonia. To meet this standard:
(A) Combined ammonia emissions from swine waste treatment and storage struc tures shall
not exceed an annual average of 0.2 kg NH3-N/wk/1,000 kg of steady-state live weight;
(B) Ammonia emissions from land application sites shall not exceed an annual average of 0.2
kg NH3-N/wk/1,000 kg of steady-state live weight; and
(C) Ammonia emissions from the swine farm shall not exceed an annual average of 0.9 kg
NH3-N/wk/1,000 kg of steady-state live weight;
(3) Substantially eliminate the emission of odor that is detectable beyond the boundaries of the parcel
or tract of land on which the swine farm is located. To meet this standard, swine waste
management systems shall reduce odor levels, frequency, and duration from the whole farm, such
that the requirements of 15A NCAC 02D .1808 are met at the property boundary;
(4) Substantially eliminate the release of disease-transmitting vectors and airborne pathogens. To meet
this standard:
(A) Swine waste management systems shall meet the vector attraction reduction requirements
of Rule .1107 of this Subchapter for the land application of separated solids and animal
waste residuals for operations subject to this Rule;
(B) Swine waste management systems shall meet the pathogen reduction requirements of
Rule .1106(a) of this Subchapter for Class A biosolids that are to be applied to a lawn,
home garden, or public contact use site; sold or given away in a bag or container for land
application or meet the pathogen reduction requirements of Rule .1106(b) for Class B
biosolids that are to be otherwise applied to land; and
(C) Fecal coliform concentrations in the final liquid effluent shall not exceed an annual
average of 7,000 Most Probable Number/100mL;
(5) Substantially eliminate nutrient and heavy metal contamination of soil and groundwater. To meet
this standard, swine waste management systems that land apply effluent shall:
(A) Meet the current North Carolina NRCS 590 Nutrient Management Conservation Practice
Standard requirements and comply with the NRCS national policy for Comprehensive
Nutrient Management Plans (CNMP) as defined by NRCS General Manual, Title 190,
Part 405; and
(B) Demonstrate through predictive calculations or modeling that land application of swine
waste at the proposed rate will not cause or contribute to a violation of groundwater
standards set forth in 15A NCAC 02L.

History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; 143-215.10C; 143-215.10I; S.L. 2015-263;
Eff. January 1, 2009;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1308 EVALUATION AND APPROVAL OF SWINE WASTE MANAGEMENT
SYSTEMS
(a) This Rule shall apply to the evaluation, approval, and permitting of swine waste management systems that are
required to meet the performance standards in Rule .1307 of this Section.
(b) APPLICATION: The applicant shall submit a permit application in writing to the Division showing that a swine
waste management system meets the performance standards. The application shall include the following:
(1) operation and maintenance procedures, the system classification, the proposed management entity,
and system operator requirements;
(2) a description of the swine waste management system, including materials used in construction,
and its proposed use;
(3) a summary of literature, published research, and previous experience with and performance of a
waste management system of similar waste characteristics;
(4) the results of 12 months of testing, research, or monitoring of pilot- or full-scale operational
systems; and shall identify whether the testing, research, or monitoring provided was conducted by
a third party research or testing organization;
(5) documentation of the protocol used to evaluate the performance of the swine waste management
system;
(6) the identity and qualifications, if applicable, of the proposed research or testing organization and
the principal investigators, and an affidavit certifying that the organization and principal
investigators have no conflict of interest and do not stand to gain financially from the sale of the
technology;
(7) an affidavit certifying that the swine waste management system submitted for approval is the same
as the certified or listed product, or identify any modifications made to the submitted system;
(8) a procedure to address system malfunction and replacement;
(9) notification of any proprietary or trade secret information, system, component, or device;
(10) engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these
documents. The following documents shall be provided to the Division by the applicant:
(A) engineering plans for the entire system, including treatment, storage, application, and
disposal facilities and equipment except those previously permitted unless those
previously permitted are directly tied into the new units or are necessary to understand
the complete process;
(B) specifications describing materials to be used, methods of construction, and means for
ensuring quality and integrity of the finished product, including leakage testing; and
(C) engineering calculations, including hydraulic and pollutant loading for each treatment
unit, treatment unit sizing criteria, hydraulic profile of the treatment system, tota l
dynamic head and system curve analysis for each pump, buoyancy calculations, and
irrigation design;
(11) a complete permit application in compliance with Section .0100 of this Subchapter; and
(12) in lieu of the requirements of Subparagraphs (b)(3) through (b)(6), the applicant may submit data
from a full-scale facility previously permitted by the Division.
(c) APPROVAL OF NEW OR EXPANDING SWINE WASTE MANAGEMENT SYSTEMS: The Division shall
review all applications submitted in accordance with Rule .0107 of this Subchapter. The Division shall approve the
swine waste management system in accordance with Rule .0108 of this Subchapter when the applicant can show that
the performance standards of Rule .1307 of this Section will be met.
(d) MONITORING REQUIREMENTS: Once the newly permitted system reaches full capacity or within six
months of receipt of the engineering certification pursuant to Rule .0116 of this Subchapter, whichever comes
sooner, the permittee shall monitor system performance for two years with quarterly sampling to assure that the
treatment system is meeting performance standards. If after two years the treatment system complies with Rule
.1307 of this Section, the permittee shall monitor for compliance with the performance standards in Rule .1307 on
the following schedule:
(1) Ammonia emissions monitoring from swine waste treatment and storage structures shall be as
follows:
(A) Ammonia air emissions from open-air structures shall be directly sampled once per
calendar year, with alternating years sampled during the summer and winter seasons, or
(B) liquid from open-air waste treatment and storage structures shall be sampled at a
minimum of once per quarter.
(2) Monitoring of odor intensity shall be on an annual basis, with alternating years sampled during the
summer and winter seasons.
(3) Effluent shall be monitored once per quarter, unless a more frequent schedule is required by the
Division pursuant to Rule .0108(c) of this Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; 143-215.10I;
Eff. January 1, 2009.
Readopted Eff. September 1, 2018.

15A NCAC 02T .1309 LAGOON CONVERSION REQUIREMENTS
(a) This Rule shall apply to existing swine animal waste management systems that convert from anaerobic lagoons
as the primary method of treatment to an animal waste management system that meets the requirements of Rule
.1307 of this Section and have not expanded the steady-state live weight of the swine farm.
(b) Upon approval by the Division, a permittee may abandon and close an animal waste management system
permitted under Rules .1307 and .1308 of this Section and revert to the requirements of Rule .1304 or .1305 of this
Section. The Division shall approve the reversion if all of the following criteria are met:
(1) the animal waste management system is constructed according to the design and specifications
approved by the Division pursuant to the rules in this Section;
(2) the animal waste management system is operated and maintained in accordance with the rules in
this Section;
(3) the permit for the anaerobic lagoon animal waste management system issued prior to 1 September
2007 pursuant to S.L. 2007-523(1)(b) remains valid; and
(4) the anaerobic lagoon animal waste management system has been maintained and can operate in
compliance with the requirements of its permit.

History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; 143-215.10I;
Eff. January 1, 2009;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1310 ANIMAL WASTE RESIDUALS MANAGEMENT
(a) This Rule shall apply to the treatment, storage, transportation, use, and disposal of animal waste residuals to be
applied to a lawn, home garden, or public contact use site or sold or given away in a bag or other container for
application to the land. This Rule shall not apply to the treatment, storage, transportation, use, or disposal of:
(1) animal waste residuals applied to agricultural land in accordance with Rule .1303, Rule .1304,
Rule 1305, or Rule .1307 of this Section or Rule .1403 of this Subchapter;
(2) up to four cubic yards of animal waste residuals distributed from a facility subject to regulation
under Rule .1303 or Rule .1304 of this Section per visit to individuals for personal use, with a
maximum of ten cubic yards per year per individual;
(3) oil, grease, grit, and screenings from wastewater treatment facilities;
(4) septage from wastewater treatment facilities;
(5) ash that is regulated in accordance with Section .1200 of this Subchapter;
(6) residuals that are regulated in accordance with Section .1100 of this Subchapter;
(7) residuals that are prepared for land application, used, or disposed of in a solid waste management
facility permitted by the Division of Waste Management;
(8) residuals that are disposed of in an incinerator permitted by the Division of Air Quality;
(9) residuals that are transported out of state for treatment, storage, use, or disposal;
(10) residuals that meet the definition of a hazardous waste in accordance with 40 CFR 260.10 as
adopted by reference in 15A NCAC 13A .0102(b) or that have a concentration of polychlorinated
biphenyls equal to or greater than 50 milligrams per kilogram of total solids on a dry weight basis;
and
(11) animal mortality.
(b) For new and modified sources of animal waste residuals, the applicant shall submit a permit application in
writing to the Division that includes the following:
(1) site maps depicting the location of the source and demonstrate compliance with siting setbacks
applicable to animal waste management systems established in G.S. 106 -803 and NRCS standards
at the time of construction;
(2) a complete analysis of the animal waste residuals. The analysis shall include all pollutants
identified in Paragraph (c) in this Rule, nutrients and micronutrients, and proof of compliance with
the pathogen requirements in Paragraph (d) of this Rule if applicable;
(3) a sampling and monitoring plan that describes how the source will comply with Paragraphs (c) and
(d) of this Rule, if applicable;
(4) a marketability statement detailing destinations and approximate amounts of the final product to
be distributed; and
(5) a copy of the label and information sheet that complies with Paragraph (e) of this Rule.
(c) Animal waste residuals shall not be applied to a lawn, home garden, or public contact use site nor shall animal
waste residuals be sold or given away in a bag or other container for application to the land if the concentration of
any pollutant in that residual exceeds the following concentration for that pollutant on a dry weight basis:
Pollutant Ceiling Concentration
(milligrams per kilogram)
Copper 1,500
Zinc 2,800
(d) Animal waste residuals to be applied to a lawn, home garden, or public contact use site or sold or given away in
a bag or other container for application to the land shall meet the pathogen requirements of Rule .1106(a)(2) of this
Subchapter.
(e) For animal waste residuals that are sold or given away in a bag or other container for application to the land,
either a label shall be affixed to the bag or other container, or an information sheet shall be provided to the person
who receives the animal waste residuals. The label and information sheet shall contain the following information:
(1) the name and address of the person who prepared the animal waste residuals;
(2) a statement that land application of the animal waste residuals is prohibited except in accordance
with the instructions on the label and information sheet;
(3) a statement that animal waste residuals must be applied at agronomic rates and recommended rates
for intended uses;
(4) a statement that the animal waste residuals may not be applied to any site that is flooded, frozen,
or snow covered;
(5) a statement that adequate procedures must be provided to prevent surface runoff from carrying any
disposed or stored animal waste residuals into any surface waters;
(6) a statement that identifies that this material must be prevented from entering any public or private
water supply source, including wells, stream, lake, or rivers;
(7) the pollutant concentration for pollutants listed in Paragraph (c) of this Rule; and
(8) the nitrogen and phosphorous concentration.
(f) Monitoring and Reporting.
(1) Animal waste residuals subject to this Rule shall be monitored for pollutants listed in Paragraph
(c) of this Rule and for pathogens described in Paragraph (d) of this Rule, as applicable, at the
frequency stipulated for each residuals source facility:
Metric Tons per 365 day period Monitoring Frequency
(Dry Weight Basis)
Greater than zero but less than 290 Once per year
Equal to or greater than 290 but less than 1,500 Once per quarter (four times per year)
Equal to or greater than 1,500 but less than 15,000 Once per 60 days (six times per year)
Equal to or greater than 15,000 Once per month (12 times per year)
(2) A report of all monitoring and reporting requirements specified in the permit shall be submitted to
the Division by the permittee annually, on or before March 1st of each calendar year.
(3) All records required by this Paragraph shall be retained for five years.

History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A;
Eff. September 1, 2018;
Amended Eff. March 1, 2019.

SECTION .1400 – MANURE HAULER OPERATIONS

15A NCAC 02T .1401 SCOPE
The rules in this Section shall apply to all manure hauler operations.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1402 DEFINITIONS
As used in this Section:
"Manure Hauler" means a person who accepts or purchases animal waste and land applies the animal waste
on land not governed by the generator's permit.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1403 PERMITTING BY REGULATION
(a) The following systems shall be deemed permitted pursuant to Rule .0113 of this Subchapter provided the system
meets the criteria in Rule .0113 of this Subchapter and all criteria required for the specific system by this Rule:
(1) manure haulers that land apply a total of 100 tons or less of animal waste per calendar year if:
(A) animal waste is applied at no greater than agronomic rates; and
(B) a vegetated buffer of at least 25 feet is maintained from a perennial stream or perennial
waterbody during land application.
(2) manure haulers that land apply a total of more than 100 tons of animal waste per calendar year if:
(A) animal waste is applied at no greater than agronomic rates;
(B) animal waste is not stockpiled uncovered for greater than 15 days;
(C) animal waste is not stockpiled within 100 feet of a perennial stream or perennial
waterbody;
(D) a vegetated buffer of at least 25 feet is maintained from a perennial stream or perennial
waterbody during land application;
(E) the manure hauler registers with the Division prior to accepting or purchasing manure;
(F) the manure hauler submits an annual report, as required by this Section, to the Division
by March 1 of each year; and
(G) the field on which animal waste is applied has had a representative Standard Soil Fertility
Analysis within the last three years from a Division-certified laboratory pursuant to 15A
NCAC 02H .0800.
(b) The Director may determine that a system should not be deemed permitted in accordance with this Rule and
Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this
Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

15A NCAC 02T .1404 ANNUAL REPORTS
(a) Manure haulers that land apply more than 100 tons but less than 750 tons of animal waste per calendar year shall
submit to the Division a report of the activities for the calendar year that includes the following:
(1) name, mailing address, and phone number of the manure hauler;
(2) dates, location, and amount of all animal waste received; and
(3) dates, location, amount, and acreage of all animal waste land application.
(b) Manure haulers that land apply 750 tons or more of animal waste per calendar year shall submit to the Division
a report of the activities for the calendar year that includes the following:
(1) name, mailing address, and phone number of the manure hauler;
(2) dates, locations, and amounts of animal waste received; and
(3) dates, locations, application rate, acreage, waste analysis, and receiving crop of all animal waste
that was land applied.
(c) Annual reports shall be submitted by March 1 for the preceding calendar year, on Division supplied forms or
forms approved by the Division as providing the same information as required by the Division's forms.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.

SECTION .1500 - SOIL REMEDIATION

15A NCAC 02T .1501 SCOPE
The rules in this Section shall apply to the Disposal or Treatment of Soils Containing Petroleum Products or other
Contaminated Soil by Land Application, Storage, or Containment and Treatment. These Rules shall not apply to:
(1) "hazardous waste" as defined in 40 CFR 261.3, as adopted by reference in 15A NCAC 13A
.0106(a), and North Carolina General Statute 130A-290;
(2) soil contaminated with "hazardous waste" or "hazardous waste constituents" as defined in 40 CFR
261.3, as adopted by reference in 15A NCAC 13A .0106(a) from a "Facility" as defined in 15A
NCAC 13A .0102(c); or
(3) cuttings and other wastes generated in the construction and development of oil and gas wells
regulated by Article 27 of G.S. 113.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. March 19, 2015;
Readopted Eff. January 1, 2018.

15A NCAC 02T .1502 DEFINITIONS
The following definitions apply to this Section:
(1) "Contaminated soil" means soil containing petroleum products or other soil containing non -
petroleum substances as a result of a release or discharge as defined in G.S. 143 -215.77, but does
not include hazardous waste.
(2) "Dedicated site" means a site used for more than one application of petroleum -contaminated soils
onto the same receiver site within an 18-month period.
(3) "Permitting agency" means the Division of Waste Management, UST Section, for contaminated
soils originating from discharges of petroleum and for dedicated sites. For other soils originating
from non-petroleum sources, the permitting agency means the Division of Water Resources. If the
permitting agency is the Division of Waste Management, the Division of Waste Management shall
be considered the Division for the purposes of Section .0100 of this Subchapter.
(4) "Petroleum-contaminated soil" or "Soil containing petroleum products" shall mean any soil that
has been exposed to petroleum products because of any emission, spillage, leakage, pumping,
pouring, emptying, or dumping of petroleum products onto or beneath the land surface and that
exhibits characteristics or concentrations of petroleum product constituents in quantities that
exceed either the soil-to-groundwater contaminant concentrations or the residential maximum soil
contaminant concentrations established by the Department pursuant to 15A NCAC 02L .0411,
whichever is lower, by compatible laboratory analytical procedures pursuant to 15A NCAC 02H
.0800.
(5) "Petroleum product" means any petroleum product as defined by G.S. 143 -215.94A and includes
motor gasoline, aviation gasoline, gasohol, jet fuels, kerosene, diesel fuel, fuel oils (#1 through
#6), and motor oils (new and used).
(6) "Soil remediation at conventional rates" means the treatment of contaminated soils by land
application methods at an evenly-distributed application layer of contaminated soils not to exceed
six inches in thickness.
(7) "Soil remediation at minimum rates" means the treatment of contaminated soils by land
application methods at an evenly-distributed application layer of contaminated soils not to exceed
one inch in thickness.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. January 1, 2018.

15A NCAC 02T .1503 PERMITTING BY REGULATION
(a) The following systems shall be deemed permitted pursuant to Rule .0113 of this Subchapter, provided that the
system meets the criteria in Rule .0113 of this Subchapter and all criteria required for the specific system in this
Rule:
(1) Storage sites for petroleum-contaminated soils that are utilized for less than 45 days. Such sites
shall meet the following criteria:
(A) storage shall be on 10 mil or thicker plastic;
(B) provisions shall be made for containing potential leachate and runoff;
(C) setbacks required in Rule .1506 of this Section shall be maintained; and
(D) approval of the activity, stating that the site meets the criteria of this Rule, shall have
been received from the appropriate Regional Supervisor or his or her designee.
(2) Land application sites for petroleum-contaminated soils with volumes of soil from each source of
less than or equal to 50 cubic yards or for the application of up to 100 cubic yards if the
application is at the minimum rate defined in Rule .1502(7) of this Subchapter. Such sites shall
meet the following criteria:
(A) setbacks required in Rule .1506 of this Section shall be maintained; and
(B) approval of the activity, stating that the site meets the criteria of this Rule, shall have
been received from the appropriate Regional Supervisor or his or her designee.
(3) Land application sites for the disposal of drill cuttings if applied on the site where the d rilling
occurs. Such sites shall meet the following criteria:
(A) soils contaminated with non-petroleum substances shall be determined by chemical
analysis to be non-hazardous wastes; and
(B) setbacks required in Rule .1506 of this Section shall be maintained.
(b) The Director may determine that a system should not be deemed permitted in accordance with this Rule and
Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this
Subchapter.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. January 1, 2018.

15A NCAC 02T .1504 APPLICATION SUBMITTAL
(a) For all applications the following shall be submitted to the permitting agency by the applicant:
(1) a chemical analysis of the contaminated soil to be remediated, including total petroleum
hydrocarbons (TPH), semivolatile and volatile organics, pH, and heavy metals. All methods and
procedures shall be in accordance with 15A NCAC 02H .0800;
(2) a determination of hazardous waste constituents using the Toxicity Characteristic Leaching
Procedure (TCLP) described in 40 CFR 261.24. Any substance shall be considered a hazardous
waste if the results of the TCLP analysis indicate concentrations of constituents greater than the
federal regulatory level, unless documentation is provided showing that the contaminated soil is
not a hazardous waste and is within the scope of this Section as provided in Rule .1501 of this
Section. A TCLP analysis shall be required for all applications for a permit to dispose of
petroleum-contaminated soil in accordance with the following criteria:
(A) If the source of the soil contamination is a virgin (unused) petroleum product from an
underground storage tank regulated under Subtitle I of RCRA, the contaminated soil shall
not be considered a hazardous waste and no TCLP analysis shall be required. In lieu of
the TCLP analysis, certification of soil contamination from a virgin petroleum product
shall be required.
(B) If an analysis of the virgin (unused) petroleum product is submitted showing
concentrations less than the regulatory level associated with the constituents of the TCLP
analysis (Table II.2 of the Federal Register, Volume 55, No. 61), the contaminated soil
shall not be considered a hazardous waste and no TCLP analysis shall be required.
(C) For soils contaminated with used motor oil, the soils shall be considered hazardous unless
proven otherwise by a TCLP analysis for volatile organics and metals (EPA Hazardous
Waste Nos. D004-D011).
(D) For soils contaminated by waste oil, a TCLP analysis for all constituents in Table II.2 of
the Federal Register, Volume 55, No. 61, with the exception of pesticides and herbicides,
shall be required.
(E) For soils contaminated with petroleum products not regulated under Subtitle I of RCRA,
excluding used motor and waste oils, the soils shall be considered hazardous waste until
proven otherwise.
(3) a site map showing location information of boundaries and physical features with a horizontal
scale of one inch equals 100 feet or less and topographic contour intervals not exceeding 10 feet or
25 percent of total site relief, whichever is less, and including the following:
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via
letter dated December 1, 2005, that locating boundaries and physical features, not pursuant to the
purview of other licensed professions, on maps pursuant to this Paragraph constitutes practicing
surveying under G.S. 89C.]
(A) all property boundaries and all structures within the treatment, storage, and land
application areas;
(B) the location of all wells, springs, lakes, ponds, or other surface drainage features within
500 feet of the waste disposal site;
(C) setbacks as required by Rule .1506 of this Section; and
(D) all residences or places of public assembly under separate ownership within 400 feet of
the waste disposal site;
(4) for disposal sites encompassing more than one acre, confirmation that an erosion control plan has
been submitted to the Division of Land Quality or its designee;
(5) the volume of contaminated soil to be remediated; and
(6) a landowner agreement to allow the use of the property for the purpose of remediating
contaminated soil. The agreement is not required when the permit applicant is the sole landowner.
(b) For soil remediation at minimum rates the following shall be submitted to the permitting agency by the
applicant:
(1) a calculation of the area required for land application, using the maximum application thickness of
one inch;
(2) an indication of cover crops; and
(3) proof of written notification in the form of certified mail return receipts to each city and county
government having jurisdiction over any part of the land over which disposal is to occur.
(c) For soil remediation at conventional rates at dedicated or non-dedicated sites, the following shall be submitted to
the permitting agency by the applicant:
(1) a soils evaluation report of the disposal area to evaluate the soil to a depth of five feet. The report
shall include:
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated
December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes
practicing soil science pursuant to G.S. 89F.]
(A) field descriptions of texture, color, and structure;
(B) depth and thickness of soil horizons;
(C) presence of any restrictive horizons;
(D) depth to seasonal high water table;
(E) soil pH and cation exchange capacity; and
(F) estimates of liming and fertilization requirements;
(2) the calculation of the size of the disposal area and thickness of application;
(3) a description of the proposed cover crop;
(4) a site maintenance plan;
(5) for dedicated sites only, proposed groundwater quality monitoring well network; and
(6) proof of written notification in the form of certified mail return receipts to each city and county
government having jurisdiction over any part of the land over which disposal is to occur.
(d) For containment and treatment the following shall be submitted to the permitting agency by the applicant:
(1) a soils evaluation report of the disposal area to evaluate the soil to a depth of five feet. The report
shall include:
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via lette r dated
December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes
practicing soil science pursuant to G.S. 89F.]
(A) field descriptions of texture, color, and structure;
(B) depth and thickness of soil horizons;
(C) presence of any restrictive horizons; and
(D) depth to seasonal high water table;
(2) the plans and specifications of the soil containment vessel and any associated leachate collection
system, including the operating thickness of the soil to be contained and treated; and
(3) a description of the chemical or biological additives used in treating the contaminated soil.
(e) For containment and utilization at brick, asphalt, or other production facilities, a site management plan
consisting of a complete description of all operational procedures related to the handling of soils at the proposed
facility, shall be submitted to the permitting agency by the applicant, including:
(1) a description of the staging area or areas designated for initial placement of the contaminated soils;
(2) the method of placing the soils in the containment area or areas;
(3) the average time the soils will remain in the containment area or areas;
(4) the method of incorporation of the soils into the production facility's product materials ; and
(5) the method of containment and disposal of any leachate or runoff resulting from the containment
and storage of contaminated soils.
(f) For soil remediation using mobile or portable self-contained facilities, the following shall be submitted to the
permitting agency by the applicant:
(1) a description of the treatment system, including procedures for controlling any vapors or liquid or
solid by-products of the treatment process;
(2) the method by which any by-product will be disposed;
(3) the predicted average concentration of contaminants in the untreated soil;
(4) the sampling procedures and analytical methods by which the concentrations and types of
contaminants in the treated soil will be determined;
(5) the method of disposal of the treated soil; and
(6) for applications proposing to stage soils, a description of the method proposed to prevent contact
of contaminated soil with the environment.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. January 1, 2018.

15A NCAC 02T .1505 DESIGN CRITERIA
(a) Land Application of Soils Containing Petroleum Products at Minimum Rates. Petroleum-contaminated soils
shall be incorporated into the native soils of the receiver site immediately upon application. Subsequent application
of petroleum-contaminated soils onto the same receiver site shall not occur for at least 18 months from the date of
the most recent application of petroleum-contaminated soils and shall cause the receiver site to be reclassified as a
"dedicated site" unless the permittee or applicant can demonstrate, through soil sampling and contaminant analytical
procedures pursuant to 15A NCAC 02H .0800, that the petroleum contaminant level i n the upper eight inches of the
receiver site soils is below either the soil-to-groundwater contaminant concentrations or the residential maximum
soil contaminant concentrations established by the Department pursuant to 15A NCAC 02L .0411, whichever is
lower.
(b) Land Application of Soil Containing Petroleum Products at Conventional Rates. Land application of soils
containing petroleum products at an application thickness greater than one inch shall require fertilization, liming,
and aeration of the mixture of native and petroleum-contaminated soils. Application thickness shall be based upon
the nature of the receiver site soils, depth to the seasonal high water table, the intended cover crop, and the source of
contamination. Operation of the land application program shall not result in contravention of groundwater or surface
water standards. Subsequent application of petroleum-contaminated soils onto the same receiver site shall not occur
for at least 18 months from the date of the most recent application of petroleum-contaminated soils and shall cause
the receiver site to be reclassified as a "dedicated site" unless the permittee or applicant can demonstrate, through
soil sampling and contaminant analytical procedures pursuant to 15A NCAC 02H .0800, that t he petroleum
contaminant level in the upper eight inches of the receiver site soils is below either the soil-to-groundwater
contaminant concentrations or the residential maximum soil contaminant concentrations established by the
Department pursuant to 15A NCAC 02L .0411, whichever is lower.
(c) Disposal of Soils Containing Petroleum Products at Dedicated Land Application Sites. Subsequent applications
of petroleum-contaminated soils at dedicated sites shall not recur until such time as it can be demonstrated that
additional applications of contaminated soils will not result in the contravention of any groundwater or surface water
standards.
(d) Containment, Treatment and Containment, and Use of Contaminated Soil.
(1) A containment structure designed to bioremediate or volatilize contaminated soil shall be
constructed of either a synthetic liner of at least 30 mils thickness or of a one -foot-thick liner of
natural material compacted to at least 95 percent standard proctor dry density and with a
permeability of less than 1 x 10-7 cm/sec.
(2) The bottom of the containment structure shall be at least three feet above the seasonal high water
table or bedrock.
(3) A leachate collection system shall be installed in order to prevent runoff from the contaminated
soils within the containment structure, or a cover shall be provided to avoid accumulation of
stormwater within the containment structure.
(4) The containment structure shall be compatible with the chemical and physical properties of the
contaminants involved.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. January 1, 2018.

15A NCAC 02T .1506 SETBACKS
Remediation systems shall adhere to the following setbacks, unless greater setbacks are required to comply with
minimum horizontal distance requirements set by the Division pursuant to 15A NCAC 02L .0107:
Feet
Any habitable residence or place of public assembly under separate ownership or not to
be maintained as part of the project site 100
Any well with the exception of a Division-approved groundwater monitoring
well 100
Surface waters (such as intermittent and perennial
streams, perennial waterbodies, and wetlands) 100
Surface water diversions (such as ephemeral streams, waterways, and ditches) 25
Groundwater lowering ditches (where the bottom of the ditch intersects the seasonal high
water table) 25
Subsurface groundwater-lowering drainage systems 25
Any building foundation except treatment facilities 15
Any basement 15
Any property line 50
Any water line 10
Any swimming pool 100
Rock outcrops 25
Public right-of-way 50

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. January 1, 2018.

15A NCAC 02T .1507 CLOSURE REQUIREMENTS
(a) A permit shall be held, and renewed if necessary, until such time that the soil remediation facility has satisfied
all conditions for closure and the permitting agency has notified the permit holder that the facility has satisfied
conditions necessary for closure and rescinded the permit. The permittee shall notify the permitting agency 30 days
prior to the initiation of closure activities. This Rule does not apply to facilities that are deemed permitted pursuant
to Rule .1503 of this Section.
(b) A facility may be considered for closure if all of the following conditions have been satisfied:
(1) All outstanding enforcement actions levied by the permitting agency have been resolved.
(2) Requirements for all other on-site permitted activities have been met.
(3) For all land application sites, the applicant shall provide to the permitting agency:
(A) a demonstration that no contaminant constituents in the groundwater exceed groundwater
standards for dedicated and conventional rate land application sites;
(B) a demonstration that all contaminated soil has been remediated to below either the soil-
to-groundwater contaminant concentrations or the residential maximum soil contaminant
concentrations established by the Department pursuant to 15A NCAC 02L .0411,
whichever is lower. The demonstration shall be based upon representative samples from
the permitted site; and
(C) if a groundwater drainage system or surface waters are present on the site or within the
compliance boundary, a demonstration that surface water does not contain contaminants
at concentrations in excess of those established in Subchapter 15A NCAC 02B.
(4) For facilities utilizing containment and treatment or portable self-contained treatment systems:
(A) The applicant shall demonstrate to the permitting agency that all treated soil has been
remediated to below either the soil-to-groundwater contaminant concentrations or the
residential maximum soil contaminant concentrations established by the Department
pursuant to 15A NCAC 02L .0411, whichever is lower, based upon analysis of
representative soil samples or is disposed of under Subparagraph (b)(4)(B) of this Rule.
(B) All remaining soil that contains contaminants at levels that exceed either the soil-to-
groundwater contaminant concentrations or the residential maximum soil contaminant
concentrations established by the Department pursuant to 15A NCAC 02L .0411,
whichever is lower, shall be disposed of at another permitted facility and the permitting
agency shall be notified prior to transport.
(C) The applicant shall demonstrate to the permitting agency that the facility has been
decontaminated based upon analysis of samples.
(5) For storage facilities, a demonstration that the storage facility has been decontaminated to below
either the soil-to-groundwater contaminant concentrations or the residential maximum soil
contaminant concentrations established by the Department pursuant to 15A NCAC 02L .0411,
whichever is lower, shall be submitted by the permittee to the Division. The demonstration shall
be based upon analysis of pollutants identified in the contaminated soil as provided in Rule
.1504(a)(1) of this Section.
(c) A facility that satisfies the conditions for closure may petition the permitting agency for approval of closure and
shall provide the following information:
(1) identification of the original permit number authorizing the construction and operation of the soil
remediation facility;
(2) the reason for closure of facility;
(3) the name and title of the facility contact;
(4) tabulated and graphed sample analyses for the last four groundwater sampling events prior to
facility shutdown, showing the concentrations of the parameters of concern and, if groundwater
monitoring is required at a land application site, groundwater analytical results for sample
collection to satisfy Part (b)(3)(A) of this Rule;
(5) laboratory analytical results for soil samples collected from the treated soil that have been
analyzed by methods approved in accordance with Rule .1504(a)(1) of this Section;
(6) if a groundwater drainage network, such as ditches, or surface waters are present on the site or
within the compliance boundary, analytical results for surface water samples collected upstream of
the facility, within the facility, and at a downstream location at the edge of the property to
document that surface waters do not exceed the surface water quality standards and criteria
established in Subchapter 15A NCAC 02B;
(7) decontamination procedures for all treatment or containment structures;
(8) a sedimentation and erosion control plan, prepared in accordance with the Division of Energy,
Mineral, and Land Resources requirements pursuant to Subchapter 15A NCAC 04B, if a plan to
restore the site to pre-soil treatment conditions is proposed that will disturb an area of land equal
to or greater than one acre;
(9) a map of the facility that shows the size, orientation, and location of the facility re lative to existing
monitor wells, roads, structures, and other site features; and
(10) certification that the closure has been accomplished and that the information submitted is
complete, factual, and accurate.
(d) The permitting agency shall issue a notice approving the closure of a facility and stating that the permit for the
facility has been rescinded if the permitting agency has determined that the facility has met all applicable
requirements set forth in this Rule.

History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. August 1, 2012 (see S.L. 2012 -143, s.1.(f));
Readopted Eff. January 1, 2018.

SECTION .1600 – GROUNDWATER REMEDIATION SYSTEMS

15A NCAC 02T .1601 SCOPE
15A NCAC 02T. 1602 DEFINITIONS

History Note: Authority G.S. 143-214.2(b); 143-215.1; 143-215.1A;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018;
Repealed Eff. September 1, 2019.

15A NCAC 02T .1603 RESERVED FOR FUTURE CODIFICATION

15A NCAC 02T .1604 APPLICATION SUBMITTAL
15A NCAC 02T .1605 DESIGN CRITERIA
15A NCAC 02T .1606 SETBACKS
15A NCAC 02T .1607 MONITORING AND REPORTING REQUIREMENTS
15A NCAC 02T .1608 REQUIREMENTS FOR CLOSURE

History Note: Authority G.S. 143-214.2(b); 143-215.1; 143-215.1A;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018;
Repealed Eff. September 1, 2019.