15A NCAC Subchapters 02T and 02U Readoption

Hearing Officers' Report for Adoption and Re-adoption of Rules in
15A NCAC 02T Waste Not Discharged to Surface Waters and
15A NCAC 02U Reclaimed Water
Public Hearings Held
October 10, 17, and 24, 2017
Presented to the North Carolina Environmental Management Commission on July 12, 2018
Department of Environmental Quality Division of Water Resources
TABLE OF CONTENTS
PART I SUMMARY OF RULEMAKING ACTIVITY 6
PART II HEARING OFFICER MEETINGS, CONSIDERATIONS, AND RECOMMENDATIONS 7
PART III SUMMARY OF PUBLIC COMMENTS AND HEARING OFFICER RESPONSES 9
SUBCHAPTER 02T – WASTE NOT DISCHARGED TO SURFACE WATERS
SECTION .0100 – GENERAL REQUIREMENTS RULE .0103(1) – DEFINITIONS 9 RULE .0103(8) – DEFINITIONS 10 RULE .0103(34) – DEFINITIONS 11 RULE .0103(36) – DEFINITIONS 12 RULE .0103(42) – DEFINITIONS 13
RULE .0103(43) – DEFINITIONS 14 RULE .0103(44)(b) – DEFINITIONS 15 RULE .0103(44)(c) – DEFINITIONS 16 RULE .0105(j) – GENERAL REQUIREMENTS 17 RULE .0108(e) – FINAL ACTION ON PERMIT APPLICATIONS TO THE DIVISION 18 RULE .0111(f) – CONDITIONS FOR ISSUING GENERAL PERMITS 20
RULE .0113 – PERMITTING BY REGULATION 21 RULE .0113(a)(12) – PERMITTING BY REGULATION 24 RULE .0120(b) – HISTORICAL CONSIDERATION IN PERMIT APPROVAL 25
SECTION .0300 – SEWER EXTENSIONS RULE .0305(f) – DESIGN CRITERIA 27 RULE .0305(h)(1)(A) – DESIGN CRITERIA 28
RULE .0306(d)(2) – LOCAL PROGRAMS FOR SEWER SYSTEMS 29
SECTION .0400 – SYSTEM-WIDE COLLECTION SYSTEM PERMITTING RULE .0403(a)(4) – PERMITTING BY REGULATION 30 RULE .0403(a)(5) – PERMITTING BY REGULATION 31 RULE .0405(a) – IMPLEMENTATION 32
SECTION .0500 – WASTEWATER IRRIGATION SYSTEMS RULE .0505(t) – DESIGN CRITERIA 33 RULE .0505(u) – DESIGN CRITERIA 34 RULE .0505(v) – DESIGN CRITERIA 35 RULE .0505(w) – DESIGN CRITERIA 36 RULE .0506(a) – SETBACKS 37
RULE .0506(e) – SETBACKS 39
SECTION .0600 – SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEMS RULE .0604(g) – APPLICATION SUBMITTAL 41
RULE .0606(a) – SETBACKS 42 RULE .0606(d) – SETBACKS 44
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SECTION .0700 – HIGH-RATE INFILTRATION SYSTEMS RULE .0702 – DEFINITIONS 46 RULE .0705(w) – DESIGN CRITERIA 47 RULE .0706(a) – SETBACKS 49
RULE .0706(f) – SETBACKS 52
SECTION .1100 – RESIDUALS MANAGEMENT RULE .1101 – SCOPE 54
RULE .1101(9) – SCOPE 56 RULE .1102(8) – DEFINITIONS 58 RULE .1103(a)(3) – PERMITTING BY REGULATION 59 RULE .1103(a)(4) – PERMITTING BY REGULATION 61 RULE .1105(b) – POLLUTANT LIMITS 63 RULE .1105(c) – POLLUTANT LIMITS 65 RULE .1106(a)(1) – PATHOGEN REDUCTION REQUIREMENTS 67 RULE .1108(b) – SETBACKS 71 RULE .1108(c) – SETBACKS 72 RULE .1108(e) – SETBACKS 75 RULE .1108(f) – SETBACKS 76
RULE .1109(a)(1) – RESIDUALS MANAGEMENT PRACTICES 78 RULE .1109(a)(1)(H) – RESIDUALS MANAGEMENT PRACTICES 80
SECTION .1300 – ANINMAL WASTE MANAGEMENT SYSTEMS GENERAL COMMENTS – CREATE VIOLATION POINT SYSTEM 81 GENERAL COMMENTS – ENVIRONMENTAL JUSTICE 83 GENERAL COMMENTS – MONITORING AND REPORTING 84
GENERAL COMMENTS – PERMIT DRY LITTER POULTRY 86 GENERAL COMMENTS – PUBLIC NOTICE 88 GENERAL COMMENTS 89 RULE .1302(2) – DEFINITIONS 90 RULE .1302(4) – DEFINITIONS 91 RULE .1302(5) – DEFINITIONS 92 RULE .1302(6)(H) – DEFINITIONS 93 RULE .1303 – PERMITTING BY REGULATION 94 RULE .1303(a)(1) – PERMITTING BY REGULATION 97 RULE .1303(a)(2) – PERMITTING BY REGULATION 98 RULE .1303(a)(3) – PERMITTING BY REGULATION 100 RULE .1304 – STATE PERMITTING REQUIREMENTS 101 RULE .1304(b)(5) – STATE PERMITTING REQUIREMENTS 104 RULE .1305 – NPDES PERMITTING REQUIREMENTS 105
RULE .1305(b)(6) – NPDES PERMITTING REQUIREMENTS 109 RULE .1305(c)(5) – NPDES PERMITTING REQUIREMENTS 110 RULE .1307 – SWINE WASTE MANAGEMENT SYSTEM PERFORMANCE STANDARDS 111
RULE .1308(d) – EVALUATION AND APPROVAL OF SWINE WASTE MANAGEMENT SYSTEMS 114 RULE .1309(a) – LAGOON CONVERSION REQUIREMENTS 115 RULE .1310 – ANIMAL WASTE RESIDUALS MANAGEMENT 116
RULE .1310(a) – ANIMAL WASTE RESIDUALS MANAGEMENT 123 RULE .1310(d) – ANIMAL WASTE RESIDUALS MANAGEMENT 124 RULE .1310(g) – ANIMAL WASTE RESIDUALS MANAGEMENT 125 RULE .1310(h)(3) – ANIMAL WASTE RESIDUALS MANAGEMENT 127 RULE .1310(i)(1) – ANIMAL WASTE RESIDUALS MANAGEMENT 128
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SECTION .1400 – MANURE HAULER OPERATIONS GENERAL COMMENTS 129 RULE .1403 – PERMITTING BY REGULATION 130 RULE .1404 – ANNUAL REPORTS 132
TECHNICAL CORRECTIONS TO SUBCHAPTER 02T 134
SUBCHAPTER 02U – RECLAIMED WATER
SECTION .0100 – GENERAL REQUIREMENTS RULE .0103(4) – DEFINITIONS 139 RULE .0109 – PERMIT RENEWALS 140 RULE .0113(a) – PERMITTING BY REGULATION 141 RULE .0113(a)(4) – PERMITTING BY REGULATION 142 RULE .0113(a)(10) – PERMITTING BY REGULATION 143 RULE .0113(a)(11) – PERMITTING BY REGULATION 144
SECTION .0200 – APPLICATION REQUIREMENTS RULE .0201(d) – APPLICATION SUBMITTAL 145 RULE .0202(c) – APPLICATION SUBMITTAL FOR DEDICATED RECLAIMED WATER SYSTEMS 147
SECTION .0300 – EFFLUENT STANDARDS RULE .0301(a) – RECLAIMED WATER EFFLUENT STANDARDS 149
RULE .0301(b) – RECLAIMED WATER EFFLUENT STANDARDS 150
SECTION .0400 – DESIGN STANDARDS RULE .0401(d) – DESIGN CRITERIA FOR RECLAIMED WATER TREATMENT FACILITIES 151
RULE .0401(h) – DESIGN CRITERIA FOR RECLAIMED WATER TREATMENT FACILITIES 152 RULE .0402(e) – DESIGN CRITERIA FOR DEDICATED RECLAIMED WATER TREATMENT FACILITIES 153 RULE .0402(m) – DESIGN CRITERIA FOR DEDICATED RECLAIMED WATER TREATMENT FACILITIES 154
RULE .0403(h) – DESIGN CRITERIA FOR DISTRIBUTION LINES 155 RULE .0404(b)(1) – DESIGN CRITERIA FOR CLOSED-LOOP RECYCLE SYSTEMS 156
SECTION .0500 – GENERAL UTILIZATION REQUIREMENTS RULE .0501(e) – RECLAIMED WATER UTILIZATION 157
SECTION .0700 – SETBACKS RULE .0701(h) – SETBACKS 158
SECTION .0800 – OPERATIONAL PRACTICES RULE .0801(b) – OPERATION AND MAINTENANCE PLAN 159
TECHNICAL CORRECTIONS TO SUBCHAPTER 02U 161
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PART IV REVISED 15A NCAC SUBCHAPTERS 02T AND 02U FOR READOPTION 163
15A NCAC 02T – WASTE NOT DISCHARGED TO SURFACE WATERS 164 15A NCAC 02U – RECLAIMED WATER 342
PART V ATTACHMENTS AND SUPPORTING DOCUMENTATION
DESIGNATION OF HEARING OFFICERS MEMO 395 NOTICE OF TEXT FORM 396 NC REGISTER PUBLICATION OF RULES PROPOSED FOR HEARING 398
REGULATORY IMPACT ANALYSES 482 NC DEQ PRESS RELEASE 508 PUBLIC HEARING INFORMATION PRESENTATION 511
PUBLIC HEARING ATTENDEES AND SPEAKERS 523 WRITTEN COMMENTS (EMAILED, MAILED, POSTCARDS, SUBMITTED AT HEARING) 525
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PART I – SUMMARY OF RULEMAKING ACTIVITY
The water quality program rules implemented by the Division of Water Resources underwent rule review required by S.L. 2013-413 (HB74) during 2014. The rule review, which spanned nine months of activity through the Environmental Management Commission and its Committees during 2014, resulted in a final rule review report issued by the NC Office of Administrative Hearings (NC OAH) in December 2014. The final rule review report determined that the subject rules were “necessary with substantive public interest”. The rules, therefore, needed to be re-adopted, and a readoption deadline of October 31, 2019, was
established by NC OAH.
The NC Division of Water Resources (DWR) began the rulemaking process in early 2015 by inviting stakeholders to comment on draft rules that had been prepared for review. DWR staff hosted a set
of stakeholder meetings during the spring of 2015. Staff presented each rule draft to stakeholders, received stakeholders’ questions and comments and incorporated stakeholder input into the rule drafts as revised versions of the draft rules.
The rules as a draft rulemaking package consisted of Subchapters 15A NCAC 02B, 02H, 02T and 02U were drafted and readied in December 2015 for submittal to the Water Quality Committee (WQC) of the Environmental Management Commission (EMC), in time for the WQC of the EMC’s January 2015 meeting agenda. In January 2015, instead of pursuing rulemaking through the EMC, the Department of Environmental Quality’s (DEQ) Secretary’s Office decided to review the rule drafts and did so throughout 2016. As the DEQ Administration finished its review at the end of 2016, the Administration also changed. Staff then were asked to provide a detailed information session on the rule package to the WQC in March 2017, and to stakeholders in April 2017, and provided the most up to date version of the draft rules for four subchapters (15A NCAC 02B, 02H, 02T and 02U).
In May 2017, the WQC of the EMC approved the draft language of the rules for the 15A NCAC 02T non-discharge programs and the 15A NCAC 02U reclaimed water programs rules that are the subject
of this report (the 15A NCAC 02B and 02H rules were divided from this package), and 02T and 02U rules proceeded to the full EMC for approval to go to notice and hearing. Regulatory Impact Analyses were completed for the rule sets. The analyses determined no fiscal notes were necessary for the 15A NCAC 02T
and 02U rule package, and the analyses accompanied the draft rules through the rulemaking procedure.
Following the WQC’s approval of the rule drafts in May 2017, comments that were considered “pre-review comments” were received from the NC Office of Administrative Hearings Rules Review
Commission staff which resulted in some technical changes to the rules as a betterment to the rule drafts that were presented to and subsequently approved by the EMC on July 13, 2017 to proceed to hearing (link to EMC agenda https://deq.nc.gov/july-13-2017-agenda). The Chair of the EMC assigned three
Commissioners to serve as hearing officers on the rule package. The public notices were prepared, the comment period was announced and it was opened for public comment from September 15, 2017 through November 22, 2017. Public hearings were held under the authority of the NC General Statutes, Chapter 143, on October 10, 2017 in Wilmington, NC; on October 17, 2017 in Hickory, NC; and on October 24, 2017 in Raleigh, NC. Approximately 43 persons attended the public hearings, 16 persons presented oral comments, and approximately 1,375 written comment letters/memos/postcards were received during the comment period.
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PART II – HEARING OFFICER MEETINGS, CONSIDERATIONS, AND RECOMMENDATIONS
Following the close of the comment period on November 22, 2017, the three hearing officers and staff met as an entire group ten times between December 8, 2017 to May 15, 2018 to discuss, consider and deliberate over the comments and to develop recommendations. Specifically, organized meetings were held on December 8, 2017, December 20, 2017, January 23, 2018, January 30, 2018, April 3, 2018, April 6, 2018, April 20, 2018, May 4, 2018, May 10, 2018 and May 15, 2018. Due to the broad scope of programs covered by these rules, multiple one-on-one meetings between hearing officers and staff of various programs were conducted which involved “homework” by the hearing officers as well as staff, and consultations with additional staff including the attorneys of the Department and Commission.
The Hearing Officers’ received over 1,300 comments and developed rule changes to address comments. The part of the proposed rule package that was most heavily commented on was 15A NCAC 02T .1400, Manure Hauler Operations rules, and the proposed deletion of the rule pertaining to records kept by the Division on manure hauler operation (15A NCAC 02T .1404). After considering the comments, the Hearing Officers’ recommend retaining rule 15A NCAC 02T .1404 rather than deleting it. The Hearing Officers’ specific responses to all comments are presented in Part III of this Hearing Officers’ Report. The
Hearing Officer’s recommend that the EMC adopt and re-adopt the rules in 15A NCAC 02T and 15A NCAC 02U with the Hearing Officers’ amendments to the proposed rules noticed in the NC Register. The 15A NCAC 02T and 02U rules recommended for adoption and re-adoption are presented in Part IV of this
Hearing Officers’ Report.
The Hearing Officers would like to recognize that the programs under 15A NCAC 02U have made dramatic progress in opening options for beneficial re-use water. The Heraing Officers’ commend a recent report entitled “Mainstreaming Potable Water Reuse in the United States: Strategies for Leveling the Playing Field” which they believe will be helpful and timely in providing guidance and considerations to beneficial re-use programs.
During the Hearing Officers’ meetings, multiple subjects were considered that the Hearing Officers’ believe not only have broader applicability than the scope of this rulemaking but also are beyond the scope of the Session Law 2013-413 requirements. As a result, the Hearing Officers’ make the following four recommendations:
1.During the writing of this report, the State of NC entered into a negotiated settlement agreement withthe NC Environmental Justice Network, Rural Empowerment Association for Community Help, andWaterkeeper Alliance, Inc. An outgrowth of this settlement was the Secretary’s establishment of theNC DEQ Environmental Justice and Equity Advisory Board on May 2, 2018. The Hearing Officers
believe that, within the limits of DEQ’s authority, it is appropriate that this Advisory Board considerand make recommendations on any environmental justice and equity issues raised during the commentperiod. The Settlement Agreement can be found on the DEQ’s Title VI Compliance website.
2.In considering the comments concerning the imposition of additional regulatory requirements on drylitter operations, the Hearing Officers recognized that NCGS 143-215.10B excludes dry litter poultryoperations from the definition of “animal operations” which would be subject to permitting under
NCGS 143-215.10C, and that NCGS 150B-19.3 also prohibits the adoption of certain environmentalregulations. It is the Hearing Officers’ opinion that additional requirements for dry litter operationswould be environmentally beneficial. At minimum, the Hearing Officers believe operators of dry litterfacilities handling litter from one or more poultry houses of a capacity yet to be determined should:receive comprehensive nutrient management training, develop comprehensive nutrient management
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plans, participate in a certification program on management of litter using sound nutrient management
principles, and report management practices (including land application) to DEQ.
3.The Hearing Officers recognize that National Pollutant Discharge Elimination System (NPDES)permits for animal operations may have more stringent requirements than those found in State permits.
The Hearing Officers recommend that the State engage stakeholders in a discussion about suchdifferences to determine any need for future State permitting rules clarification.
4.Finally, the Hearing Officers acknowledge that the 15A NCAC 02T .1600, Groundwater Remediation
Systems rules will be repealed after the 15A NCAC 02C rule re-adoption process is completed. There-adoption deadline for 15A NCAC 02C rules is December 31, 2019.
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PART III – SUMMARY OF PUBLIC COMMENTS AND HEARING OFFICER RESPONSES
15A NCAC 02T .0103(1)
Proposed Language for Readoption
"Agronomic rate" is defined as 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 constituents 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.
Public Comments
1.“Revise "agronomic rate" definition. A proposed substitute: Application rate of a priority macronutrient (nitrogen
or phosphorus) to a receiving crop providing the optimum amount for a realistic crop yield, based on thepredominant soil type and soil hydrologic properties, while minimizing the amount of nutrients that run off tosurface waters, pass below the root zone or contribute to nutrient build-up in the soil to levels inhibiting plantgrowth.” – Joseph Hudyncia, NC Department of Agriculture & Consumer Services
Hearing Officer Response
1.The proposed substitute language limits agronomic rate to nitrogen and phosphorus, and excludes other nutrientsand constituents that may be the limiting factor to waste disposal. Accordingly, it is not recommended to revisethe proposed language.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .0103(8)
Proposed Language for Readoption
"Deemed permitted" means that a facility is considered as having to have a needed permit and being to be compliant with the permitting requirements of G.S. 143-215.1(a), 143-215.1(a) even though it has not received an individual permit for its construction or operation.
Public Comments
1. “Given that ‘permitting by regulation’ is used in the title for .1303 it makes sense to use it in the definition of ‘deemed permitted’. Proposed language addition for clarification: “Deemed permitted means a facility permitted by regulation and considered to have a needed permit. The facility is also considered to be compliant with the permitting requirements…”.” – Joseph Hudyncia, NC Department of Agriculture & Consumer Services
Hearing Officer Response
1. The Hearing Officers considered this comment and determined that this revision is not necessary.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .0103(34)
Proposed Language for Readoption
"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 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/groundwater modeling.
Public Comments
1. “Proposed language addition: “Seasonal High Water Table” or “SHWT” is the highest level to which the soil issaturated during some portion of the year, as may be….” – Joseph Hudyncia, NC Department of Agriculture &Consumer Services
Hearing Officer Response
1.The existing rule language inherently includes the proposed addition of “during some portion of the year.”Therefore, it is not recommended to amend the proposed language.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .0103(36)
Proposed Language for Readoption
"Setback" means the minimum separation in linear feet, measured on a horizontal plane, required between a treatment works, disposal system, or utilization system and includes physical features such as building, buildings, roads, property lines, or water bodies.
Public Comments
1. “Currently, a setback is defined as the distance between some permitted system X and physical feature Y. 41 Theproposed amendment would add “includes” before the list of physical features, such that the relevant provisionreads: “‘Setback’ means the separation . . . required between a treatment works, disposal system or utilizationsystem and includes physical features such as buildings, roads, property lines, or water bodies.” 42 We encouragereconsideration of this amendment, as it could result in unnecessary confusion regarding the points between whichseparation must be maintained in order to satisfy “setback” requirements codified throughout these subchapters.Fortunately, removing “includes” should correct the problem.” – American Rivers, Et. Al
Hearing Officer Response
1.It is agreed that the proposed modification could lead to confusion or misinterpretation. It is recommended toremove the word "includes" from the proposed language.
Revised Language for Readoption
"Setback" means the minimum separation in linear feet, measured on a horizontal plane, required between a treatment works, disposal system, or utilization system and includes physical features such as building, buildings, roads, property lines, or water bodies.
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15A NCAC 02T .0103(42)
Proposed Language for Readoption
"Technical specialist" means an individual designated by the Soil and Water Conservation Commission, pursuant to rules adopted by that Commission, to certify animal waste management plans or specific parts of a certified animal waste management plan.
Public Comments
1.“Propose re-wording: "Technical Specialist" means an individual designated by the Soil and Water ConservationCommission to certify that the planning, design and implementation of BMPs, including certification of animalwaste management plans or specific parts of a certified animal waste management plan, are to the standards andspecifications of the Commission or USDA Natural Resources Conservation Service.” – Joseph Hudyncia, NCDepartment of Agriculture & Consumer Services
Hearing Officer Response
1.Upon researching comment, Hearing Officers recommend the definition of "Technical Specialist" in 02 NCAC59G .0102(9) which was readopted November 1, 2017, the authority for which comes from G.S. 143-215.10B and
G.S. 139.4. "Technical Specialist" means an individual designated by the Soil and Water ConservationCommission to certify that the planning, design and implementation of Best Management Practices, including allor part of an animal waste management plan, meet the standards and specifications of the Soil and WaterConservation Commission or the U.S. Department of Agriculture, Natural Resources Conservation Service.
Revised Language for Readoption
"Technical specialist" means an individual designated by the Soil and Water Conservation Commission, pursuant to rules adopted by that Commission, to certify animal waste management plans or specific parts of a certified animal waste
management plan. 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.
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15A NCAC 02T .0103(43)
Proposed Language for Readoption
"Toxicity test" means a test for toxicity conducted using the procedures contained in 40 CFR 261, 13 Appendix II II, which is hereby incorporated by reference including any subsequent amendments and editions.
Public Comments
1.“In 02T.0103 (Definitions) subsection (43) it appears that the toxicity test regulatory reference should be 40 CFR261.24, rather than Part 261 App. II.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. Thank you for this clarification. The proposed language should be revised.
Revised Language for Readoption
"Toxicity test" means a test for toxicity conducted using the procedures contained in 40 CFR 261.24, 40 CFR 261, 13 Appendix II II, which is hereby incorporated by reference including any subsequent amendments and editions.
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15A NCAC 02T .0103(44)(b)
Proposed Language for Readoption
dispose/utilize of dispose of or use wastes, including residuals, residues, contaminated soils and animal waste, to on the surface of the land, land; or
Public Comments
1.“Proposed language addition: ‘dispose of or use wastes, including residuals, residues, contaminated soils andanimal waste, on the surface of the land or soil-incorporated, or’” – Joseph Hudyncia, NC Department ofAgriculture & Consumer Services
Hearing Officer Response
1.Residuals that are incorporated into the soil are initially land applied to the ground surface, then incorporated,which is inherently covered under the existing language. It is recommended to make no revisions to the proposed
language.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .0103(44)(c)
Proposed Language for Readoption
dispose of wastes through a subsurface disposal system pursuant to G.S. 143-215.1(b)(4).
Public Comments
1.“Proper reference should be G.S. 143-215(a)(4)” – Steven Berkowitz, PE, On-Site Water Protection Branch, NCDepartment of Health and Human Services
Hearing Officer Response
1. Thank you for this clarification. The proposed language should be revised.
Revised Language for Readoption
dispose of wastes through a subsurface disposal system pursuant to G.S. 143-215.1(b)(4). 143-215.1(a4).
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15A NCAC 02T .0105(j)
Proposed Language for Readoption
The Permittee permittee shall keep permits active comply with all permit conditions and requirements until the waste treatment systems authorized by the permit are properly closed or subsequently permitted under another permit issued by the appropriate permitting authority for that activity.
Public Comments
1. “In this item, the phrase, "Except as otherwise required by other rules in this Subchapter…" should be added at the beginning of this sentence to account for the changes to the dairy permit rescission requirements that are added to 02T .1306.” – Keith Larick, North Carolina Farm Bureau Federation, Inc.
Hearing Officer Response
1. Hearing Officers recommend inserting the phrase "except as otherwise required by rules in this Subchapter…"
Revised Language for Readoption
Except as otherwise required by Rule .1306 in this Subchapter, the The Permittee permittee shall keep permits active comply with all permit conditions and requirements until the waste treatment systems authorized by the permit are properly closed or subsequently permitted under another permit issued by the appropriate permitting authority for that activity.
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15A NCAC 02T .0108(e)
Proposed Language for Readoption
All permits requiring an annual fee shall be issued for a time period not to exceed five eight years.
Public Comments
1. “First, we are deeply troubled by the proposal to extend the terms of permits issued under the 02U and 02T rulesfrom five to eight years. Currently, under the 02T rules, “All permits requiring an annual fee shall be issued for atime period not to exceed five years.”17 This requirement also applies to rules issued under the 2U rules.18 Inaddition, the 02T rules establish a five-year term for general permits.19 According to DWR, the extension of thesepermit terms to eight years is proposed “to match statutory time frames.”
In reality, although the legislature previously allowed the issuance of permits for terms “not to exceed eightyears,”20 it deferred to the agency regarding the length of permit terms. Indeed, the legislature directed the
environmental agency to “review the types of permits issued by the Department and the rule-making agencies under the Department and recommend whether the duration of any of the types of permits should be extended beyondtheir duration under current law or rule.”21 Following this review, the Department indicated its intent to “conduct
rule-making to allow issuance of the permits under ‘Waste Not Discharged to Surface Waters’ in 15A NCAC 02T.0108(e) and .0111(e) for a period of eight years.”22 A “working group” of agency staff concluded that “[e]xtendingthe term period from five years to eight years for non-discharge, reclaimed water, and injection well permits would
have little effect from a regulatory standpoint.”23
We are dismayed that the agency reached those conclusions without public input; indeed, among our greatestconcerns regarding the proposed extension of permit terms is the resulting minimization of opportunity for citizencomment. Currently, the public has the chance to comment on these permits twice a decade. Although the agencyhas the authority to modify permit terms after initial issuance, in practice it rarely does so before the expiration ofthe permit term. Consequently, the renewal process is often the only opportunity for the public to recommendchanges to improve environmental protection under the permit under consideration.
Unfortunately, the agency appeared to ignore the value of public input when assessing the impact of extendedpermit terms. In contrast, the working group opined that “[i]t is reasonable to assume that permit holders would seesome decrease in costs due to savings in preparing a permit renewal application every eight years as opposed toevery five.”24 We question whether these hypothetical cost savings outweigh the benefit that public commentperiods would afford in terms of both public confidence in the agency and identification of needed permit revisions.
In addition, it strains reason to suggest that the cost-benefit analysis would be identical for every permit issuedunder 02T and 02U. Indeed, as the “working group” noted, “Non-discharge systems continue to increase in
complexity as developers strive to minimize land requirements for disposal systems and can range from smallsingle-family residence systems to large municipal systems capable of treating millions of gallons of wastewaterper day.”25 This complexity and variability counsels against a one-size-fits-all approach to the extension of all non-
discharge permits.
After all, the range of activity permitted under 02T and 02U suggests differing levels of public interest andcommunity impact. And concentration of those impacts in certain areas may require more proactive and frequentagency engagement of affected communities. For instance, consider the general permit governing swine wastemanagement. The proportions of African Americans, Latinos, and Native Americans living within 3 miles offacilities operating under this permit are 1.54, 1.39, and 2.18 times higher, respectively, than the proportion of non-
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Hispanic Whites.26 Underscoring the benefit of public input, this disproportionality was first raised by researchers
at the University of North Carolina during the public comment period regarding the proposed renewal of that permit. DWR’s ultimate decision to ignore public input gave rise to pending litigation and a “Letter of Concern” from the U.S. Environmental Protection Agency directing DEQ to “[c]onduct an assessment of [the] current Swine
Waste General Permit to determine what changes to the Permit should be made in order to substantially mitigate adverse impacts to nearby residents.”27 We applaud the demonstrated interest in environmental protection by academics at our flagship public university and we encourage DEQ to reconsider the wisdom of foregoing such
valuable input. We urge the agency not to extend the terms of permits where receipt and response to more frequent public input could inform improvements to permit terms and ultimately environmental quality.” – American Rivers, Et. Al
Hearing Officer Response
1. The Hearing Officers recommend that facilities subject to Sections .1300 and .1400 of this Subchapter shall have a permit not to exceed five years. All other facilities subject to this Subchapter shall have a time period not to exceed eight years.
Revised Language for Readoption
All permits requiring an annual fee shall be issued for a time period not to exceed five eight years. years, except for those permits subject to Sections .1300 and .1400 of this Subchapter, which shall not exceed five years.
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15A NCAC 02T .0111(f)
Proposed Language for Readoption
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.
Public Comments
1. “Punctuation added: ‘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.’” – Joseph Hudyncia, NC Department of Agriculture & Consumer Services
Hearing Officer Response
1. Thank you for this clarification. The proposed language should be revised.
Revised Language for Readoption
Anyone engaged in activities covered by the general permit rules rules, but not permitted in accordance with this Subchapter shall be in violation of G.S. 143-215.1.
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15A NCAC 02T .0113
Proposed Language for Readoption
(a) The following disposal systems as well as those in Permitting By Regulation rules in this Subchapter (i.e., Rules .0203,.0303, .0403, .1003, .1103, .1203, .1303, .1403, and .1503) are shall be deemed to be permitted pursuant to G.S. 143-215.1(b) 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 violationsof surface water or groundwater standards, there is no direct discharge to surface waters, and all criteria required for thespecific system is are met:(1)Swimming pool and spa filter backwash and drainage, filter backwash from aesthetic fountains, and filterbackwash from commercial or residential water features such as garden ponds or fish ponds ponds, that isdischarged 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 utilitydistribution 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 fire fighting 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 minimizeoverall 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 EmergencyManagement and that are conducted by or under the direct supervision of the federal or state on-scenecoordinator 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 other construction activitiesactivities, including directional boring, except such wastes generated in the construction and developmentof oil and gas wells regulated by Article 27 of G.S. 113;(11) Purge water from groundwater monitoring wells;(12)Composting facilities for dead animals, animals if the construction and operation of the facilities isapproved by the North Carolina Department of Agriculture and Consumer Services; the facilities areconstructed on an impervious, weight-bearing foundation, operated under a roof; and the facilities areapproved by the State Veterinarian pursuant to G.S. 106-403;
(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 municipalitythen the county where the cleaning service is being provided; and
(D)all non-recyclable washwater is collected and discharged into a sanitary sewer or wastewatertreatment facility facility, upon approval of the facility's owner. owner, such that no ponding orrunoff of the washwater occurs;(15)Mine tailings where if no chemicals are used in the mining process;(16)Mine dewatering where if no chemicals are used in the mining process; and
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(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. discharge; and(18)Discharges to the land surface of less than 5,000 gallons per week of backwash water from greensandfilters, not including conventional filters, reverse osmosis, and ion exchange filters, at potable water wells,
provided ponding or runoff does not occur and the backwash does not contain radioactive material 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 serving single-family residences, provided ponding or runoff does not occur. (b) Nothing in this Rule shall be deemed to allow the violation of any assigned surface water, groundwater, or air qualitystandards, and in addition any such violation shall be considered a violation of a condition of a permit. Further, nothing inthis Rule shall be deemed to apply to or permit disposal systems for which a state National Pollutant Discharge EliminationSystem 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 thisRule or the activities listed in other Permitted By Regulation rules in this Subchapter shall be reported in accordance with15A NCAC 02B .0506.(d) Disposal systems deemed permitted under this Subchapter shall remain deemed permitted, notwithstanding anyviolations 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 thecriteria established in this Rule.(e) The Director may determine that a disposal system should 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 individualpermit or a certificate of coverage under a general permit. This determination shall be made based on existing or projectedenvironmental impacts, compliance with the provisions of this Rule or other Permitted By Regulation rules in thisSubchapter, and the compliance history of the facility owner.
Public Comments
1.At the same time EMC proposes to limit public input regarding some categories of permitted activity, it proposesto eliminate public input with respect to others by expanding the scope of activities “deemed permitted” by rule.28
A facility is “deemed permitted” when, even though it does not operate under a permit issued by DWR, it is viewed
as “having a needed permit and being compliant with the permitting requirements of G.S. 143-215.1(a).29 Typically,a certain activity otherwise required to be permitted is “deemed permitted” as long as the activity is performedconsistent with specific limitations.30 We caution the agency against over-reliance on permitting by regulation,particularly where the assumption of compliance is contrary to available information about operators in a particularcategory of deemed permitted activity.
Drastic budget cuts have substantially hindered the ability of DWR staff in regional offices to ensure compliancewith the requirements necessary for an activity to be “deemed permitted.”31 Understaffed regional offices mayrespond to a complaint, but they do not conduct routine inspections of “deemed permitted” operations. As such,whenever the agency “deems permitted” an activity, it should consider the potential consequence of effectivelyignoring that activity absent a citizen complaint. The agency should also consider whether foregoing a requirement
for permit application will hamper the agency’s knowledge of activities that may increase in frequency over timesuch that the cumulative effect of turning a blind eye becomes unsustainable.32 The explosion of “deemedpermitted” poultry operations in North Carolina serves as a cautionary tale.
Under North Carolina law, it is illegal to “[c]onstruct or operate an animal waste management system, as definedin G.S. 143-215.10B, without obtaining a permit under either [Part 1] or Part 1A of [Article 21].”33 An “animal
waste management system” is defined as “a combination of structures and nonstructural practices serving a feedlotthat provide for the collection, treatment, storage or land application of animal waste.”34 Most permits governinganimal waste management systems are issued pursuant to Part 1A, which contemplates the creation of a permitting
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system for hog and dairy operations as well as a small subset of dry litter poultry operations.35 Rather than require
other dry litter operations to get a permit for their animal waste management systems, the agency “deemed permitted” remaining operations if they comply with regulatory guidelines.36 Today, those “deemed permitted” operations constitute the vast majority of dry litter poultry operations in the State.37 Meanwhile, the poultry industry
has expanded significantly in North Carolina, and poultry operations are now the largest and fastest growing source of nutrients from animal agriculture in North Carolina.38 Yet, because DWR does not require a permit, “the locations of dry litter poultry operations and the disposal of their waste are not known to environmental regulators,
making it difficult to form a complete picture of possible non-point source contributions within a specific watershed.”39
To be fair, the new activities proposed to be “deemed permitted” in the instant rulemaking do not pose nearly the same threat to water quality as do the thousands of dry litter poultry operations in North Carolina. But we are gravely concerned by the proposal to retain the “deemed permitted” status for dry litter poultry operations and urge the EMC to close the loophole through which so many contributions to water pollution currently pass. We also urge the agency to track changes in the volume or impact of other “deemed permitted” activities to avoid turning a blind eye to potentially increasing environmental threats. Without appropriate consideration of such factors, the EMC risks shirking its duty to act on all permits so as to “prevent . . .pollution of the waters of the State from any new or enlarged sources” and “prevent violation of water quality standards due to the cumulative effects of permit
decisions.”40 – American Rivers, Et. Al
Hearing Officer Response
1.Hearing officers received comment in each of the sessions concerning imposition of additional regulatoryrequirements on dry litter operations. G.S. 143-215.10B excludes dry litter poultry operations from the definitionof “animal operation” which would be subject to permitting under G.S. 143-215.10C. Also, G.S. 150B-19.3prohibits the adoption of certain environmental regulations.
It is the hearing officers’ opinion that additional requirements for dry litter operations would be environmentallybeneficial. At minimum, we believe operators of dry litter facilities handling litter from one or more poultry housesof a capacity yet to be determined should: receive comprehensive nutrient management training, develop
comprehensive nutrient management plans, participate in a certification program on management of litter usingsound nutrient management principles, and report management practices (including land application) to DEQ.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made based upon the submitted comment. However, technical corrections have been made to 02T .0113(a)(12), (18), and (19).
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15A NCAC 02T .0113(a)(12)
Proposed Language for Readoption
Composting facilities for dead animals, animals 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, operated under a roof; and the facilities are approved by the State Veterinarian pursuant to G.S. 106-403;
Public Comments
1. Proposed Language: Composting facilities or systems for dead animals, if the construction and operation is approved by the North Carolina Department of Agriculture and Consumer Services (NCDA&CS); facilities or systems are constructed and operated according to applicable NCDA&CS, United States Department of Agriculture – Natural Resources Conservation Service (USDA-NRCS), or USDA – Animal and Plant Health Inspection Service (USDA-APHIS) Veterinary Services standards and in a manner that prevents pollution of surface water and ground water; and the facilities or systems are approved by the State Veterinarian pursuant to 02 NCAC 52C .0102 and G.S.106-403 – NCDA&CS
Hearing Officer Response
1. Section 33(a) of Session Law 2015-263 modified G.S. 106-399.4(a) to allow for any emergency measure or procedure relating to the composting of dead domesticated animals due to an imminent threat within NC of a contagious animal disease to be deemed permitted pursuant to G.S. 143-215.1(b). The Hearing Officers recommend modification of this rule to reflect the changes in General Statute.
Revised Language for Readoption
Composting facilities for dead animals, animals 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, 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);
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15A NCAC 02T .0120(b)
Proposed Language for Readoption
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 applicant or any parent, subsidiary, or other affiliate of the Applicant applicant or parent 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 where all appeals and all appeals of this conviction have been abandoned or exhausted.
(2) The Applicant applicant or any parent, subsidiary, or other affiliate of the Applicant affiliation has previously abandoned a wastewater treatment facility without properly closing the facility in accordance with the permit or this Subchapter.
(3) The Applicant applicant or any parent, subsidiary, or other affiliate of the Applicant affiliation has not paid a civil penalty where all appeals and all appeals of this penalty have been abandoned or exhausted.
(4) The Applicant applicant or any parent, subsidiary, or other affiliate of the Applicant affiliation is currently not compliant with any compliance schedule in a permit, settlement agreement or order.
(5) The Applicant applicant or any parent, subsidiary, or other affiliate of the Applicant affiliation has not paid an annual fee in accordance with Rule .0105(e)(2).
Public Comments
1. “Whenever someone applies to DWR for a permit, the agency has the authority to require proof that “the applicant, or any parent, subsidiary, or other affiliate of the applicant or parent . . . [h]as substantially complied with the effluent standards and limitations and waste management treatment practices applicable to any activity in which
the applicant has previously engaged, and has been in substantial compliance with other federal and state laws, regulations, and rules for the protection of the environment”48 Indeed, the rules acknowledge this authority, at least in the context of applications for “permits for new and expanding facilities,” and articulate situations in which such
permits may be denied due to noncompliance by various actors.49 We believe the rules should also clearly state that similar noncompliance may result in the denial of an application for renewal of a permit.50 The EMC proposes to add language stating “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).”51 We recommend clearly articulating other forms of noncompliance by the applicant or affiliate that would trigger permitting consequences in the renewal context; at minimum, the same noncompliance that triggers rejection of a permit application under 15A NCAC 02T .0120(b) for a new or expanding facility should trigger rejection of an application for renewal of a permit. In some instances, the EMC is not only authorized but in fact obligated to consider historical noncompliance when making permitting decisions. Of particular relevance to this rulemaking, in 1997 the legislature directed the EMC to create a “violation points system applicable to permits for animal waste management systems for swine farms.”52
Under this system, violations of applicable law would be assigned point values and the accumulation of a pre-determined number of points would have automatic permitting consequences up to and including permit revocation.53 In order to heed the legislature’s direction, rulemaking is required to codify the points system and
clarify the conditions under which one whose permit is revoked may reapply for a swine waste management permit. The EMC should not continue to ignore this decades-old legal obligation when conducting rulemaking to readopt the very subchapter, 02T, in which the violations points system would be codified.54 We implore the EMC to take
this overdue step to ensure that repeat offenders are not treated the same as compliant operations.” – American Rivers, Et. Al
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Hearing Officer Response
1.The proposed language in 15A NCAC 02T .0108(b) contains the necessary mechanisms to issue or deny renewalapplications based upon the compliance history of a renewing facility. This language states:
“(b) The Director may: shall:(1)issue a permit permit:(A)containing such conditions as are necessary to effectuate the purposes of Article 21,Chapter 143 of the General Statutes; and(2)(B)issue a permit containing time schedules for achieving compliance with applicable
effluent standards and limitations, surface water or groundwater standards and otherlegally applicable requirements;(2) (3) deny a permit application where 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 coastal waste treatment, disposal, found in Section 15A NCAC 02H .0400;
(C)(D) rules on groundwater quality standards found in Subchapter 02L of this Chapter. Chapter;or (3) (4) hold public meetings when necessary to obtain additional information needed to complete thereview of the application. The application shall be considered as incomplete until the close of the meeting record.”
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .0305(f)
Proposed Language for Readoption
The following minimum separations shall be provided for 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) 24 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, including any consisting of wells, WS-I waters waters, or Class I Class I, or Class II, impounded or Class III reservoirs used as a source of drinking water 100 feet Waters classified WS (except WS-I or WS-V), WS-II, WS-III, WS-IV, B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and 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
Public Comments
1.“What is the rational for having this remain at 10ft? The C and SC waters tend to have higher nutrient and bacterialoads. Efforts to reduce these loads are costly. Permitting systems at 10ft rather than at the 50ft required for SA,
B, and other waters makes it very difficult to make headway in remediating these waterways. Since the rule is upfor revision, this would be an excellent time to increase this distance; if not to 50ft, at least to 25ft. These watersneed more protection; not less.” – Diana M. C. Rashash, PhD EI, North Carolina Cooperative Extension
Hearing Officer Response
1.The Hearing Officers do not recommend proposing increasing the setback requirements. For agricultural parcelsthe setback is 10 feet of vegetative buffer to minimize erosion and siltation of the stream. The horizontal separationfrom drinking water mains is also 10 feet. 02B rules have no further setback requirements. This would limitdevelopment on many types of properties.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .0305(h)(1)(A)
Proposed Language for Readoption
Pump stations, except when exempted by Subparagraph (j)(2) of this Rule, 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 (i.e. pump stations with only one pump) shall only be allowable to serve only a single building with an average daily design flow less than 600
gallons per day as calculated using Rule .0114 of this Subchapter.
Public Comments
1.“Recommend simplex allowance be for systems less than or equal to 600 gpd (instead of only “less than”) – StevenBerkowitz, PE, On-Site Water Protection Branch, NC Department of Health and Human Services
Hearing Officer Response
1.The Hearing Officers recommend allowing simplex pump stations for discharges of 600 gpd or less. This was theoriginal intent.
Revised Language for Readoption
Pump stations, except when exempted by Subparagraph (j)(2) of this Rule, 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 (i.e. pump stations
with only one pump) shall only be allowable to 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.
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15A NCAC 02T .0306(d)(2)
Proposed Language for Readoption
All permitting actions shall be summarized and submitted to the Division and the appropriate Division Regional Office on a quarterly basis annually on Division forms. 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 quarter. The quarters begin
on January 1, April 1, July 1 and October 1. The report shall be submitted by February 1 of each year. within 30 days after the end of each quarter. Reporting forms are available at: https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/collection-systems/local-programs
Public Comments
1. “As proposed, this section would require utilities to submit an annual report of all permitting actions taken during
the year unless more frequent reporting is required. NCWQA believes that this section must contain a standard to guide the Division’s exercise of its discretion. We recommend that the standard be stated as “unless more frequent monitoring is required by the Division to address specific compliance issues identified by the Division.”
Also, the section should state that “The report shall also provide a listing and summary of all enforcement actions taken or pending during the quarter reporting period.”” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. For the first part of the comment, the Hearing Officers do not recommend adding the language proposed by NCWQA. There may be other times the Division may request the information that are not based on compliance
issues (e.g. during a routine audit, block flow allocation requests). For the second part, it is recommended that the change be made.
Revised Language for Readoption
All permitting actions shall be summarized and submitted to the Division and the appropriate Division Regional Office on
a quarterly basis annually on Division forms. 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. quarter. The quarters begin on January 1, April 1, July 1 and October 1. The report shall be submitted by February 1 of each year. within 30 days after the end of each quarter. Reporting forms are available at: https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/collection-systems/local-programs
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15A NCAC 02T .0403(a)(4)
Proposed Language for Readoption
Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected shall be inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to a telemetry system are shall be inspected at least once per week.
Public Comments
1. “Daily inspections for pump stations without monitoring are unnecessary, particularly when such stations have sufficient storage capacity to contain any overflow for more than 24 hours. This section should be amended to read: Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected by the permittee or its representative every day (i.e., 365 days per year), unless the permittee demonstrates that daily inspections are not necessary because the pump station has sufficient storage capacity to cover a longer inspection interval.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. The Hearing Officers recommend allowing the Permittee to demonstrate that daily inspections are not necessary with the addition of language to indicate the storage capacity must be available above the pump on elevation and that the inspection interval will not be longer than seven days.
Revised Language for Readoption
Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected shall be inspected by the permittee or its representative every day (i.e., 365 days per year). 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 cover a longer inspection interval. In no case shall the inspection interval exceed seven days. Pump stations that are connected to a telemetry system are shall be inspected at least once per week.
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15A NCAC 02T .0403(a)(5)
Proposed Language for Readoption
High-priority sewers are shall be inspected by the permittee or its representative at least once every six-months six-months, and inspections are shall be documented.
Public Comments
1. “This section requires permittees to inspect high priority sewer lines every six months, which is costly, unnecessary and unreasonable. The section should be revised to state: “High-priority sewers are inspected by the permittee or its representative at least once every six months year, and inspections are documented.”” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. The Hearing Officers do not recommend reducing the frequency of inspection for High Priority Lines (HPLs) to
annual. HPLs are at a higher risk of failure because of their construction and/or location.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .0405(a)
Proposed Language for Readoption
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 15A NCAC 02T .0110. 1515A NCAC 02T .0110, a request has been made to rescind the permit, or the Director extends this deadline. All applications must be submitted in duplicate, completed on official forms, and fully executed. Application forms available at: https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/collection-systems/system-wide-collection-system-permitting
Public Comments
1. Federal regulations require a permittee to submit a new application at least 180 days before the expiration date of its existing permit. See 40 C.F.R. § 122.21(d). The permitting authority may grant permission to apply at a later date, but may not allow applications to be submitted later than the expiration date of the existing permit. See id.
For clarity, the Department should revise the rule to state: “Permit renewal requests shall be submitted to the Director at least 180 days prior to expiration, unless . . . the Director extends such deadline, but in no case later than the expiration date of the existing permit.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. The system-wide collection system permitting program is not a Federal program and therefore not subject to the 40 CFR 122.21(d). There is no significant difference between a new permit application and a renewal permit application. Therefore, it is unclear why we wouldn't allow a renewal instead of forcing them to apply for a new
one.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .0505(t)
Proposed Language for Readoption
The irrigation system Facilities with an average daily flow greater than 10,000 GPD shall be provided with a flow meter to allow accurate determination of measure the volume of treated wastewater applied to each field.
Public Comments
1. “Disagree with exemption of facilities with ADF less than 10,000 GPD providing flow meter. Recommend all wastewater irrigation facilities provide accurate flow measurement or reduce flow criteria to 1,000 GPD.” – Cory Larsen, PE, Wake County Environmental Services
Hearing Officer Response
1. It has been a long standing practice to require flow meters for facilities with an average daily flow (ADF) greater than 10,000 GPD, while allowing flow estimates using water usage records, provided the water use is metered, for
facilities less than 10,000 GPD. That being said, there is no objection to requiring flow meters for all facilities, as any facility can petition the Division for Alternative Design Criteria pursuant to 15A NCAC 02T .0105(n). Please note that the proposed language in 15A NCAC 02T .0705(x) should also be revised, as well as language added to
the design criteria for dedicated systems in 15A NCAC 02U .0402.
Revised Language for Readoption
The irrigation system Facilities with an average daily flow greater than 10,000 GPD shall be provided with a flow meter to allow accurate determination of measure the volume of treated wastewater applied to each field.
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15A NCAC 02T .0505(u)
Proposed Language for Readoption
Coastal waste treatment facilities, defined in 15A NCAC 02H .0403, shall be equipped with noise and odor control devices that shall be enclosed.
Public Comments
1. “Multiple references to portions of .0400 appear to be inconsistent with concurrent proposal to Repeal this Rule Section” – Steven Berkowitz, PE, On-Site Water Protection Branch, NC Department of Health and Human Services
Hearing Officer Response
1. It is not the Division's intent to repeal the 15A NCAC 02H .0400 rules, but to exempt non-discharge facilities from these requirements with the understanding that applicable requirements to non-discharge facilities in the aforementioned rules are being incorporated into the 02T subchapter.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .0505(v)
Proposed Language for Readoption
For coastal waste treatment facilities, defined in 15A NCAC 02H .0403, all essential treatment and disposal units shall be provided in duplicate.
Public Comments
1. “Multiple references to portions of .0400 appear to be inconsistent with concurrent proposal to Repeal this Rule Section” – Steven Berkowitz, PE, On-Site Water Protection Branch, NC Department of Health and Human Services
Hearing Officer Response
1. It is not the Division's intent to repeal the 15A NCAC 02H .0400 rules, but to exempt non-discharge facilities from these requirements with the understanding that applicable requirements to non-discharge facilities in the aforementioned rules are being incorporated into the 02T subchapter.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .0505(w)
Proposed Language for Readoption
Facilities serving residential communities shall provide five days of effluent storage.
Public Comments
1. “Recommend clarification that five days storage is the minimum required for residential facilities. The way it reads infers that only five days is required regardless of the actual storage required determined by the water balance.” – Cory Larsen, PE, Wake County Environmental Services
Hearing Officer Response
1. Agreed. The proposed language implies that only five days of effluent storage is necessary regardless of the results of the water balance. The proposed language should be revised.
Revised Language for Readoption
Facilities serving residential communities shall provide five days of effluent storage. storage, unless additional storage is
determined necessary pursuant to the water balance requirements in .0504(k) of this Section.
Return to Table of Contents

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 36 of 525
15A NCAC 02T .0506(a)
Proposed Language for Readoption
The setbacks for irrigation sites shall be as follows:
Spray Drip
(feet) (feet)
Any habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 400 100
Any habitable residence or place of public assembly owned by the Permittee permittee to be maintained as part of the project site 200 15
Any private or public water supply source 100 100
Surface waters (streams – intermittent and perennial, perennial waterbodies, and wetlands) 100 100
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 100 100
Surface water diversions (ephemeral streams, waterways, ditches) 25 25
Any well with exception of monitoring wells 100 100
Any property line 150 50
Top of slope of embankments or cuts of two feet or more in vertical height 15 15
Any water line from a disposal system 10 10
Subsurface groundwater lowering drainage systems 100 100
Any swimming pool 100 100
Public right of way 50 50
Nitrification field 20 20
Any building foundation or basement 15 15

Public Comments
1. “The rules should maintain the requirement for a 100-ft setback from swimming pools instead of assuming all pools are “places of public accommodation”” – Vivian Lord
2. “Swimming pool setback should remain; it is not clear that they are covered under place of public assembly setbacks. Alternatively, specifically state swimming pools in the habitable residence or public place of assembly setback.” – Cory Larsen, PE, Wake County Environmental Services

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 37 of 525
Hearing Officer Response
1. For the purposes of the 02T and 02U subchapters, “public” has been interpreted as “of or relating to people in general.” This is reflected in the public access prohibitions found in .0505(q) and other sections in the 02T and 02U subchapters. “Public” is not interpreted as the opposite of “private” in regard to places, property, etc. In addition, it is not necessary to specifically note “swimming pools” in the rule, as other places of public assembly, such as churches, schools, day cares, athletic fields, tennis courts, etc. are not specified by name, but are inherently covered under the term “place of public assembly.” Regardless, the Hearing Officers recommend that the term “public” be removed from the first two listed setbacks.
Revised Language for Readoption
The setbacks for irrigation sites shall be as follows:
Spray Drip
(feet) (feet)
Any habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 400 100
Any habitable residence or place of public assembly owned by the Permittee permittee to be maintained as part of the project site 200 15
Any private or public water supply source 100 100
Surface waters (streams – intermittent and perennial, perennial waterbodies,
and wetlands) 100 100
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 100 100
Surface water diversions (ephemeral streams, waterways, ditches) 25 25
Any well with exception of monitoring wells 100 100
Any property line 150 50
Top of slope of embankments or cuts of two feet or more in vertical height 15 15
Any water line from a disposal system 10 10
Subsurface groundwater lowering drainage systems 100 100
Any swimming pool 100 100
Public right of way 50 50
Nitrification field 20 20
Any building foundation or basement 15 15

Return to Table of Contents

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 38 of 525
15A NCAC 02T .0506(e)
Proposed Language for Readoption
Setbacks to property lines established in Paragraphs (a) and (b) of this Rule shall not be applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line.
Public Comments
1. “While it is important that setbacks be clearly defined, it is just as important that they serve their intended purpose of ensuring permitted activity is not conducted in problematic locations. For instance, typically, rules state the required setback between permitted activity and “any property line” to minimize impacts of permitted activity on adjacent parcels.43 However, in the proposed rules, setbacks to property lines “shall not be applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line.”44
At first blush, this may seem reasonable. If a permittee wishes to conduct permitted activity next to his own property, perhaps he should be allowed to assume the risk of impacting his own property by essentially waiving
the protection otherwise afforded by a setback. However, this justification fails to consider the potential that the adjacent property is occupied by the permittee’s tenant. After all, the impacts of permitted activity can affect people, not just land.
According to the U.S. Census Bureau, between 2011 and 2015, only 65.1% of housing units in North Carolina were owner-occupied.45 Yet, under the proposed rule, whether or not one owns his residence could directly impact the degree of protection afforded under the 02T and 02U rules. Not only does this unfairly burden tenants, it
threatens to invite violations of well-established principles of landlord/tenant law. “North Carolina law provides that a lease, in the absence of a provision to the contrary, carries with it an implied covenant that the tenant will have the quiet and peaceable possession of the leased premises during the term of the lease.”46 The EMC should
not adopt rules that allow an absentee landlord to breach this implied covenant of quiet enjoyment by waiving setback requirements.
Of course, if a permittee does not lease the property adjacent to the parcel on which the permitted activity is
conducted, this concern would be mitigated. We encourage the EMC to consider adding this caveat to prevent landlords from waiving protections or violating legal rights designed to benefit tenants. Alternatively, the EMC should consider removing this setback exception and analyzing on a case-by-case basis whether or not a variance from the setback would provide equal or better treatment of waste, equal or better protection of the waters of the state, and no increased potential for nuisance conditions from noise, odor, or vermin.47” – American Rivers, Et. Al 2. “With the passing of HB 56 on October 4, 2017, GS 143-215.1(i) has been amended such that there are no longer setbacks to property lines for “multiple contiguous properties under common ownership and permitted for use as a disposal system.” To date, no one within NCDEQ has determined or announced the definition/interpretation of “common ownership”. In an email dated October 4, 2017, Mr. Nathaniel Thornburg made the following comment: “We no longer need to require that the Permittee provide setbacks to their own contiguous property lines, or obtain
and record setback waivers.” But to my knowledge, the 2T proposed Rule Change does not address this new interpretation as a result of HB 56 passing.” – Martin Mabe, LSS, Willcox & Mabe Soil Solutions, PLLC

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 39 of 525
Hearing Officer Response
1. The proposed rule language only exempts the Permittee from complying with property line setbacks when the Permittee owns or is leasing the parcels that create the property line. The Permittee is still responsible for ensuring that the irrigation, treatment, and storage facilities maintain setbacks to any habitable residence or place of assembly under separate ownership and under the Permittee’s ownership. In addition, the Hearing Officers solicited comment from the North Carolina Department of Justice’s Environmental Division. Special Deputy Attorney General Phillip T. Reynolds stated, “After reviewing the history
of the rule and the supporting statutes, it seems to me that the proposed language…is simply an extension of the statutory mandate contained in N.C. Gen. Stat. § 143-215.1(i), which states in relevant part: “Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property
with regard to determination of a compliance boundary and setbacks to property lines.” Because the authority to adopt the rule is predicated on the statute and because the statute clearly requires that “multiple continuous properties … shall be treated as a single property,” it does not appear that the principles of landlord/tenant law are
relevant for the purposes of the specific rule.” 2. Session Law 2017-209 amended G.S. 143-215.1(i) as follows: "Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. boundary and setbacks to property lines." Proposed Rule 15A NCAC 02T .0506(e) is a reflection of the revised general statute language.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
Return to Table of Contents

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 40 of 525
15A NCAC 02T .0604(g)
Proposed Language for Readoption
A letter from the local County Health Department denying the site for all subsurface systems shall be submitted to the Division by the Applicant. applicant.
Public Comments
1. “A county health department denial letter should not be a requirement of SFR systems pursuing reclaimed water permitting since reuse is considered to be beneficial reuse of resources rather than disposal of wastewater. Some property owners will prefer a reclaimed water system over an onsite septic system when both options are available.” – Cory Larsen, PE, Wake County Environmental Services
Hearing Officer Response
1. Pursuant to the proposed language in 15A NCAC 02T .0601, “one building single-family residences generating
and utilizing reclaimed water shall meet the requirements established in 15A NCAC 02U.” Accordingly, the requirements in 15A NCAC 02T .0604(g) do not apply to single-family residences utilizing reclaimed water.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
Return to Table of Contents

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 41 of 525
15A NCAC 02T .0606(a)
Proposed Language for Readoption
The setbacks for Irrigation sites shall be as follows:
Spray Drip
(feet) (feet)
Any habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 400 100
Any habitable residence or place of public assembly owned by the Permittee permittee to be maintained as part of the project site 200 15
Any private or public water supply source 100 100
Surface waters (streams – intermittent and perennial, perennial waterbodies, and wetlands) 100 100
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 100 100
Surface water diversions (ephemeral streams, waterways, ditches) 25 25
Any well with exception of monitoring wells 100 100
Any property line 150 50
Top of slope of embankments or cuts of two feet or more in vertical height 15 15
Any water line from a disposal system 10 10
Subsurface groundwater lowering drainage systems 100 100
Any swimming pool 100 100
Public right of way 50 50
Nitrification field 20 20
Any building foundation or basement 15 15

Public Comments
1. “The rules should maintain the requirement for a 100-ft setback from swimming pools instead of assuming all pools are “places of public accommodation”” – Vivian Lord
2. “Swimming pool setback should remain; it is not clear that they are covered under place of public assembly setbacks. Alternatively, specifically state swimming pools in the habitable residence or public place of assembly setback.” – Cory Larsen, PE, Wake County Environmental Services

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 42 of 525
Hearing Officer Response
1. For the purposes of the 02T and 02U subchapters, “public” has been interpreted as “of or relating to people in general.” This is reflected in the public access prohibitions found in .0505(q) and other sections in the 02T and 02U subchapters. “Public” is not interpreted as the opposite of “private” in regard to places, property, etc. In addition, it is not necessary to specifically note “swimming pools” in the rule, as other places of public assembly, such as churches, schools, day cares, athletic fields, tennis courts, etc. are not specified by name, but are inherently covered under the term “place of public assembly.” Regardless, the Hearing Officers recommend that the term “public” be removed from the first two listed setbacks.
Revised Language for Readoption
The setbacks for Irrigation sites shall be as follows:
Spray Drip
(feet) (feet)
Any habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 400 100
Any habitable residence or place of public assembly owned by the Permittee permittee to be maintained as part of the project site 200 15
Any private or public water supply source 100 100
Surface waters (streams – intermittent and perennial, perennial waterbodies,
and wetlands) 100 100
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 100 100
Surface water diversions (ephemeral streams, waterways, ditches) 25 25
Any well with exception of monitoring wells 100 100
Any property line 150 50
Top of slope of embankments or cuts of two feet or more in vertical height 15 15
Any water line from a disposal system 10 10
Subsurface groundwater lowering drainage systems 100 100
Any swimming pool 100 100
Public right of way 50 50
Nitrification field 20 20
Any building foundation or basement 15 15

Return to Table of Contents

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 43 of 525
15A NCAC 02T .0606(d)
Proposed Language for Readoption
Setbacks to property lines established in Paragraphs (a) and (b) of this Rule shall not be applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line.
Public Comments
1. “While it is important that setbacks be clearly defined, it is just as important that they serve their intended purpose of ensuring permitted activity is not conducted in problematic locations. For instance, typically, rules state the required setback between permitted activity and “any property line” to minimize impacts of permitted activity on adjacent parcels.43 However, in the proposed rules, setbacks to property lines “shall not be applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line.”44
At first blush, this may seem reasonable. If a permittee wishes to conduct permitted activity next to his own property, perhaps he should be allowed to assume the risk of impacting his own property by essentially waiving
the protection otherwise afforded by a setback. However, this justification fails to consider the potential that the adjacent property is occupied by the permittee’s tenant. After all, the impacts of permitted activity can affect people, not just land.
According to the U.S. Census Bureau, between 2011 and 2015, only 65.1% of housing units in North Carolina were owner-occupied.45 Yet, under the proposed rule, whether or not one owns his residence could directly impact the degree of protection afforded under the 02T and 02U rules. Not only does this unfairly burden tenants, it
threatens to invite violations of well-established principles of landlord/tenant law. “North Carolina law provides that a lease, in the absence of a provision to the contrary, carries with it an implied covenant that the tenant will have the quiet and peaceable possession of the leased premises during the term of the lease.”46 The EMC should
not adopt rules that allow an absentee landlord to breach this implied covenant of quiet enjoyment by waiving setback requirements.
Of course, if a permittee does not lease the property adjacent to the parcel on which the permitted activity is
conducted, this concern would be mitigated. We encourage the EMC to consider adding this caveat to prevent landlords from waiving protections or violating legal rights designed to benefit tenants. Alternatively, the EMC should consider removing this setback exception and analyzing on a case-by-case basis whether or not a variance from the setback would provide equal or better treatment of waste, equal or better protection of the waters of the state, and no increased potential for nuisance conditions from noise, odor, or vermin.47” – American Rivers, Et. Al 2. “With the passing of HB 56 on October 4, 2017, GS 143-215.1(i) has been amended such that there are no longer setbacks to property lines for “multiple contiguous properties under common ownership and permitted for use as a disposal system.” To date, no one within NCDEQ has determined or announced the definition/interpretation of “common ownership”. In an email dated October 4, 2017, Mr. Nathaniel Thornburg made the following comment: “We no longer need to require that the Permittee provide setbacks to their own contiguous property lines, or obtain
and record setback waivers.” But to my knowledge, the 2T proposed Rule Change does not address this new interpretation as a result of HB 56 passing.” – Martin Mabe, LSS, Willcox & Mabe Soil Solutions, PLLC

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 44 of 525
Hearing Officer Response
1. The proposed rule language only exempts the Permittee from complying with property line setbacks when the Permittee owns or is leasing the parcels that create the property line. The Permittee is still responsible for ensuring that the irrigation, treatment, and storage facilities maintain setbacks to any habitable residence or place of public assembly under separate ownership and under the Permittee’s ownership. In addition, the Hearing Officers solicited comment from the North Carolina Department of Justice’s Environmental Division. Special Deputy Attorney General Phillip T. Reynolds stated, “After reviewing the history
of the rule and the supporting statutes, it seems to me that the proposed language…is simply an extension of the statutory mandate contained in N.C. Gen. Stat. § 143-215.1(i), which states in relevant part: “Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property
with regard to determination of a compliance boundary and setbacks to property lines.” Because the authority to adopt the rule is predicated on the statute and because the statute clearly requires that “multiple continuous properties … shall be treated as a single property,” it does not appear that the principles of landlord/tenant law are
relevant for the purposes of the specific rule.” 2. Session Law 2017-209 amended G.S. 143-215.1(i) as follows: "Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. boundary and setbacks to property lines." Proposed Rule 15A NCAC 02T .0506(e) is a reflection of the revised general statute language.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
Return to Table of Contents

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 45 of 525
15A NCAC 02T .0702
Proposed Language for Readoption
As used in this Section, "High-rate infiltration" shall mean: 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.
(1) In coastal areas as defined in Section 15A NCAC 02H .0400 .0406, an application rate that exceeds 1.75
inches of wastewater effluent per week (0.156 gallons per day per square foot of land).
(2) In non-coastal areas, an application rate that exceeds 1.50 gallons of wastewater effluent per day per square foot of land (16.8 inches per week).
Public Comments
1. “This does not seem to truly be a "high rate" of infiltration for much of the State.” – Steven Berkowitz, PE, On-Site Water Protection Branch, NC Department of Health and Human Services
Hearing Officer Response
1. The existing 15A NCAC 02T .0702 language differentiates between coastal and non-coastal loading rates with those being 0.156 GPD/ft2 (i.e., 91 in/yr) and 873.6 in/yr, respectively. The intent of the rule change is to create a state-wide high-rate infiltration loading rate threshold of 91 in/yr. Having a single threshold eliminates confusion and provides consistency. In addition, during the 2006 Subchapter 02T adoption process, it was determined that
irrigation of wastewater or reclaimed water above the 91 in/yr threshold was not beneficial or conducive to establishing and maintaining a viable cover crop.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
Return to Table of Contents

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 46 of 525
15A NCAC 02T .0705(w)
Proposed Language for Readoption
The application rate shall not exceed 10 gallons per day per square foot (GPD/ft2).
Public Comments
1. “In the Draft 2T rules, page 97 states the following on line 1:
(w) The application rate shall not exceed 10 gallons per day per square foot (GPD/ft2). The comment for this section reads:
Commented [A22]: Change: Add maximum infiltration rate requirement currently established in 15A NCAC 02H .0404(g)(6)(C). Effect: Reduce confusion for permittee having to reference multiple rule Subchapters, and includes
rule is subchapter that allows for alternative design consideration. The referenced regulation here reads:
(6) Waste disposal facilities are to be designed on the basis of site conditions and soil percolation rates. In Parts (A), (B), and (C) of this Subparagraph are given the maximum loading rates for three different treatment
systems. Higher loading rates or other methods of waste disposal may be approved by the Director based upon data submitted by the applicant.
(A) Subsurface Disposal Trench. One and one-half gallons per day per square foot of trench bottom based on maximum trench width of three feet. Trenches shall be separated at least eight feet center to center. (B) Low Pressure Distribution System. One gallon per day per square foot of effective absorption area encompassed by
the distribution system. The calculation of the amount of effective absorption area required shall be based on a maximum distribution line separation of five feet center to center. (C) Rotary Distributors. Ten gallons per day per square foot of surface area. Please note that the referenced regulation is under the heading of interim treatment systems, but the 2T rules do not
seem to draw the distinction. Furthermore the rate specified in the referenced rule is for rotary distributors and in the Draft Rules it is being applied to all infiltration systems.
This rate seems to be arbitrary and is being applied in a fashion that does not seem to serve any environmental purpose. Furthermore this regulation (or the entire Draft Rule for that matter) does not seem to recognize the NCGS 143-215.1(A7) which is as follows:
For high rate infiltration wastewater disposal systems that utilize non-native soils or materials in a basin sidewall to enhance infiltration, the non-native soils or materials in the sidewall shall not be considered part of the disposal
area provided that all of the following standards are met: (1) In addition to the requirements established by the Commission pursuant to subsection (a4) of G.S. 143-
215.1, the treatment system shall include a mechanism to provide filtration of effluent to 0.5 microns or less and all essential treatment units shall be provided in duplicate.
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 47 of 525
(2) Particle size analysis in accordance with ASTM guidelines for all native and non-native materials shall be
performed. Seventy-five percent (75%) of all non-native soil materials specified shall have a particle size of less than 4.8 millimeters.
(3) Non-native materials shall comprise no more than fifty percent (50%) of the basin sidewall area. (4) Systems meeting the standards set out in subdivisions (1), (2), and (3) of this subsection shall be considered
nondischarge systems, and the outfall of any associated groundwater lowering device shall be considered groundwater provided the outfall does not violate water quality standards. It is my opinion that there is no environmental reason for setting an upper limit on high rate infiltration and that, in general the Draft Rule should make reference to the above general statute to actually fulfill the claim in the comment section of making it easy to find all of the requirements in one rule.” – Michael C. Gallant, PE
Hearing Officer Response
1. 15A NCAC 02T .0105(n) allows the Director to approve alternative Design Criteria in cases where the Applicant demonstrates that the alternative provides (1) equal or better treatment of 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.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
Return to Table of Contents

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 48 of 525
15A NCAC 02T .0706(a)
Proposed Language for Readoption
The setbacks for Infiltration Units shall be as follows:
Spray Drip Basin
(feet) (feet) (feet)
Any habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 400 100 100
Any habitable residence or place of public assembly owned by the Permittee to be maintained as part of the project site 200 15 50
Any private or public water supply source 100 100 100
Surface waters (streams – intermittent and perennial, 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 (ephemeral streams, waterways, ditches) 50 50 50
Any well with exception of monitoring wells 100 100 100
Any property line 150 50 50
Top of slope of embankments or cuts of two feet or more in vertical height 100 100 100
Any water line from a disposal system 10 10 10
Public right of way 50 50 50
Nitrification field 20 20 20
Any building foundation or basement 15 15 15
Impounded public water supplies 500 500 500
Public shall groundwater supply (less than 50 feet deep) 500 500 500

(feet)
Any habitable residence or place of public assembly under separate ownership or not to be maintained
as part of the project site 400
Any habitable residence or place of public assembly owned by the permittee to be maintained as part of the project site 200
Any private or public water supply source 100
Surface waters (streams – intermittent and perennial, perennial waterbodies, and wetlands) 200
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 200
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 49 of 525
Subsurface groundwater lowering drainage systems 200
Surface water diversions (ephemeral streams, waterways, ditches) 50
Any well with exception of monitoring wells 100
Any property line 200
Top of slope of embankments or cuts of two feet or more in vertical height 100
Any water line from a disposal system 10
Any swimming pool 100
Public right of way 50
Nitrification field 20
Any building foundation or basement 15
Impounded public water supplies 500
Public shall groundwater supply (less than 50 feet deep) 500

Public Comments
1. “The rules should maintain the requirement for a 100-ft setback from swimming pools instead of assuming all pools
are “places of public accommodation”” – Vivian Lord
Hearing Officer Response
1. For the purposes of the 02T and 02U subchapters, “public” has been interpreted as “of or relating to people in general.” This is reflected in the public access prohibitions found in .0505(q) and other sections in the 02T and
02U subchapters. “Public” is not interpreted as the opposite of “private” in regard to places, property, etc. In addition, it is not necessary to specifically note “swimming pools” in the rule, as other places of public assembly, such as churches, schools, day cares, athletic fields, tennis courts, etc. are not specified by name, but are inherently
covered under the term “place of public assembly.” Regardless, the Hearing Officers recommend that the term “public” be removed from the first two listed setbacks.
Revised Language for Readoption
The setbacks for Infiltration Units shall be as follows:
Spray Drip Basin
(feet) (feet) (feet)
Any habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 400 100 100
Any habitable residence or place of public assembly owned by the Permittee to be maintained as part of the project site 200 15 50
Any private or public water supply source 100 100 100
Surface waters (streams – intermittent and perennial, perennial waterbodies, and wetlands) 200 200 200
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 200 200 200
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 50 of 525
Subsurface groundwater lowering drainage systems 200 200 200
Surface water diversions (ephemeral streams, waterways, ditches) 50 50 50
Any well with exception of monitoring wells 100 100 100
Any property line 150 50 50
Top of slope of embankments or cuts of two feet or more in vertical height 100 100 100
Any water line from a disposal system 10 10 10
Public right of way 50 50 50
Nitrification field 20 20 20
Any building foundation or basement 15 15 15
Impounded public water supplies 500 500 500
Public shall groundwater supply (less than 50 feet deep) 500 500 500

(feet)
Any habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 400
Any habitable residence or place of public assembly owned by the permittee to be maintained as part of the project site 200
Any private or public water supply source 100
Surface waters (streams – intermittent and perennial, perennial waterbodies, and wetlands) 200
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 200
Subsurface groundwater lowering drainage systems 200
Surface water diversions (ephemeral streams, waterways, ditches) 50
Any well with exception of monitoring wells 100
Any property line 200
Top of slope of embankments or cuts of two feet or more in vertical height 100
Any water line from a disposal system 10
Any swimming pool 100
Public right of way 50
Nitrification field 20
Any building foundation or basement 15
Impounded public water supplies 500
Public shall groundwater supply (less than 50 feet deep) 500

Return to Table of Contents

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 51 of 525
15A NCAC 02T .0706(f)
Proposed Language for Readoption
Setbacks to property lines established in Paragraphs (a) and (d) of this Rule shall not be applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line.
Public Comments
1. “While it is important that setbacks be clearly defined, it is just as important that they serve their intended purpose of ensuring permitted activity is not conducted in problematic locations. For instance, typically, rules state the required setback between permitted activity and “any property line” to minimize impacts of permitted activity on adjacent parcels.43 However, in the proposed rules, setbacks to property lines “shall not be applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line.”44
At first blush, this may seem reasonable. If a permittee wishes to conduct permitted activity next to his own property, perhaps he should be allowed to assume the risk of impacting his own property by essentially waiving
the protection otherwise afforded by a setback. However, this justification fails to consider the potential that the adjacent property is occupied by the permittee’s tenant. After all, the impacts of permitted activity can affect people, not just land.
According to the U.S. Census Bureau, between 2011 and 2015, only 65.1% of housing units in North Carolina were owner-occupied.45 Yet, under the proposed rule, whether or not one owns his residence could directly impact the degree of protection afforded under the 02T and 02U rules. Not only does this unfairly burden tenants, it
threatens to invite violations of well-established principles of landlord/tenant law. “North Carolina law provides that a lease, in the absence of a provision to the contrary, carries with it an implied covenant that the tenant will have the quiet and peaceable possession of the leased premises during the term of the lease.”46 The EMC should
not adopt rules that allow an absentee landlord to breach this implied covenant of quiet enjoyment by waiving setback requirements.
Of course, if a permittee does not lease the property adjacent to the parcel on which the permitted activity is
conducted, this concern would be mitigated. We encourage the EMC to consider adding this caveat to prevent landlords from waiving protections or violating legal rights designed to benefit tenants. Alternatively, the EMC should consider removing this setback exception and analyzing on a case-by-case basis whether or not a variance from the setback would provide equal or better treatment of waste, equal or better protection of the waters of the state, and no increased potential for nuisance conditions from noise, odor, or vermin.47” – American Rivers, Et. Al 2. “With the passing of HB 56 on October 4, 2017, GS 143-215.1(i) has been amended such that there are no longer setbacks to property lines for “multiple contiguous properties under common ownership and permitted for use as a disposal system.” To date, no one within NCDEQ has determined or announced the definition/interpretation of “common ownership”. In an email dated October 4, 2017, Mr. Nathaniel Thornburg made the following comment: “We no longer need to require that the Permittee provide setbacks to their own contiguous property lines, or obtain
and record setback waivers.” But to my knowledge, the 2T proposed Rule Change does not address this new interpretation as a result of HB 56 passing.” – Martin Mabe, LSS, Willcox & Mabe Soil Solutions, PLLC

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Hearing Officer Response
1. The proposed rule language only exempts the Permittee from complying with property line setbacks when the Permittee owns or is leasing the parcels that create the property line. The Permittee is still responsible for ensuring that the infiltration, treatment, and storage facilities maintain setbacks to any habitable residence or place of public assembly under separate ownership and under the Permittee’s ownership. In addition, the Hearing Officers solicited comment from the North Carolina Department of Justice’s Environmental Division. Special Deputy Attorney General Phillip T. Reynolds stated, “After reviewing the history
of the rule and the supporting statutes, it seems to me that the proposed language…is simply an extension of the statutory mandate contained in N.C. Gen. Stat. § 143-215.1(i), which states in relevant part: “Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property
with regard to determination of a compliance boundary and setbacks to property lines.” Because the authority to adopt the rule is predicated on the statute and because the statute clearly requires that “multiple continuous properties … shall be treated as a single property,” it does not appear that the principles of landlord/tenant law are
relevant for the purposes of the specific rule.” 2. Session Law 2017-209 amended G.S. 143-215.1(i) as follows: "Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. boundary and setbacks to property lines." Proposed Rule 15A NCAC 02T .0506(e) is a reflection of the revised general statute language.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .1101
Proposed Language for Readoption
This Section shall apply applies to the treatment, storage, transportation, use, and disposal of residuals. Not regulated under this Section is 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; (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; and (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 basis; and (i.e., dry weight basis). (9) byproduct waste resulting from any process of industry, manufacturing, trade, business, or the development of any natural resource (i.e., not from a wastewater treatment, water supply treatment, or air pollution control facility permitted under the authority of the Commission).
Public Comments
1. “The Department’s residuals management regulations appear to be entirely missing any reference to EQ materials. As noted above, per federal regulations, EQ materials are those that have been treated to Class A standards for
pathogens, that meet pollutant concentration limits, and that meet vector attraction reduction requirements options 1-8 (Class A materials that are injected or incorporated for vector attraction reduction are not EQ materials). EQ materials are “virtually unregulated for use, whether used in bulk, or sold or given away in bags or other containers.”
A Plain English Guide to the EPA Part 503 Biosolids Rule, p. 7. Many of the Nation’s wastewater plants are generating EQ materials; many more are seriously considering the plant upgrades necessary to do so. If a wastewater treatment plant invests the significant capital needed to comply with the federal regulations for EQ materials, it should be allowed to distribute and/or land apply those materials without any management or site restrictions. NCWQA recommends that the Department revise the proposed amendments to: 1. Add a definition for EQ to 15A NCAC 02T .1102.
2. Add separate text to .1103 to allow EQ materials to be permitted by regulation, subject only to federally imposed treatment requirements (not setbacks or management practices).” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. The State of North Carolina is not delegated to implement the Federal program for the use or disposal of sewage sludge. The residuals management program in North Carolina is a state-run program that is independent and complementary of Federal regulations. Historically, North Carolina has not implemented standards for "Exception Quality (EQ)" residuals, and it is not proposed to be added to the 02T .1100 section.
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Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .1101 (9)
Proposed Language for Readoption
byproduct waste resulting from any process of industry, manufacturing, trade, business, or the development of any natural resource (i.e., not from a wastewater treatment, water supply treatment, or air pollution control facility permitted under the authority of the Commission).
Public Comments
1. “What is the definition of byproduct waste?” – Robert T. Branch 2. “What is the difference between the Definition of “essential treatment unit” Definition (16) in 15A NCAC .02T .0103 Definitions, and wastewater treatment as identified in Item 9?” – Robert T. Branch 3. “What wastes does item 9 intend to exclude?” – Robert T. Branch 4. “Are dissolved aeration units (DAF), gravity belt thickeners, drying beds, or other fractionation units to be considered wastewater treatment units?” – Robert T. Branch 5. “Are byproducts that meet Class A requirements for non-biological residuals still exempt under Item 9 still covered by 15A NCAC 02T .1103 Permitting By Regulation?” – Robert T. Branch
6. “Are similar waste streams that are currently permitted under 2T regulations, going to be excluded because of the method of their generation?” – Robert T. Branch
7. “Which agency will permit the wastes covered under item 9 that are currently permitted under residuals management permits?” – Robert T. Branch
8. “What will be the implementation schedule for these permits, once they transition to another agency?” – Robert T. Branch
Hearing Officer Response
1. For the scope of Section .1100, a byproduct is considered a secondary product that is derived from the industrial, manufacturing, or development of a primary product.
2. Wastewater treatment as used in 15A NCAC 02T .1101(9) is the overall process of using physical, chemical, and/or biological processes to remove contaminants from the wastewater stream. Essential treatment units, as defined in 15A NCAC 02T .0103(16), are those individual treatment units whose loss would likely result in the entire wastewater treatment process being unable to meet the required performance criteria.
3. The proposed rule change intends to explicitly exclude wastes that do not meet the definition of residuals in 15A NCAC 02T .0103(30). This definition states, “’Residuals’ means any solid, semisolid, or liquid waste, other than effluent or resides 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.”
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4. While dissolved air flotation (DAF) units, gravity belt thickeners, etc. are wastewater treatment units, (DAF), the
intent of this rule is to allow the Division of Water Resources the ability to evaluate on a case by case basis to determine if the generated wastes are residuals or byproducts.
5. Facilities currently permitted under 15A NCAC 02T .1100 may remain covered by 15A NCAC 02T .1103 until the byproducts have been transferred to the proper permitting agency, and provided that the byproducts meet the Class A requirements and are generated at a permitted residuals facility.
6. Yes. It is the intent of the Division of Water Resources to relocate wastes that do not meet the definition of residuals in 15A NCAC 02T .0103(30) or permit requirement under G.S. 143-215.1(a), and are currently covered under residuals management permits to the proper regulatory agency. 7. The regulating agency for wastes covered under 15A NCAC 02T .1101(9) that are currently permitted under residuals management permits will depend upon the waste product. Most likely the regulating agency will either be the NC Department of Agriculture and Consumer Service or the Department of Environmental Quality’s Division of Waste Management. 8. It is the Division of Water Resources intent to allow permit coverage of all existing residuals management permits
for wastes that do not meet the definition of residuals in 15A NCAC 02T .0103(30) until these wastes are permitted by the proper regulatory agency. Once the transition to the proper regulatory agency has been completed, the Permittee may request rescission of their existing residuals management permit.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .1102(8)
Proposed Language for Readoption
"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.
Public Comments
1. “The definition and usage of “Bulk residuals” must be retained for clarity and consistency with federal requirements (02T .1102 and other sections). NCWQA appreciates the Department’s efforts to simplify the rules applicable to residuals management. However, the NCWQA strongly renews its request that the Department retain the definition and usage of “bulk residuals.” The deletion of “bulk residuals” and reliance on the categories “Class A” and “Class B” will result in uncertainty and inconsistencies with federal law.
Under the federal regulations, biosolids must comply with pollutant limits, pathogen reduction requirements, and vector attraction reduction requirements, and, depending on the treatment provided, may be required to comply with various management requirements. The manner by which biosolids are distributed (bulk or bagged) determines in part which requirements are applicable. Here’s a brief summary of federal framework:…” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. Agreed. The definition of “bulk residuals” should be restored in order to differentiate between bulk and bagged residuals. In addition, it is recommended that definitions for “Class A residuals” and “Class B residuals” be added to 15A NCAC 02T .1102 in order to provide clarity to the 02T .1100 section. Addition of “Class A residuals” and “Class B residuals” is considered a logical outgrowth of retaining the definition of “bulk residuals,” and is added for clarification.
Revised Language for Readoption
(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) of this Section and Rule .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) of this Section and Rule .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.
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15A NCAC 02T .1103(a)(3)
Proposed Language for Readoption
Land application sites onto which Class A residuals that are sold or given away in a bag or other container container, are applied applied, provided the following criteria is 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)(1) 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 instructions provided in the informational sheet, sheet or bag bag, or other container label as required in Rule .1109(c) .1109(a) of this Section.
Public Comments
1. “In 15A NCAC 02T .1105(c), the Department proposes the following change:
Bulk Class A residuals shall not be applied to a lawn, home garden, or public contact use site nor shall residuals be
sold or given away in a bag or other container for application to the land if the concentration of any pollutant in the residuals exceeds the concentration for that pollutant as stipulated in the following (i.e., on a dry weight basis): [the pollutant concentration limits].
These modifications would appear to prevent Class A residuals meeting the ceiling concentrations from being land applied under the CPLR option. Indeed, the Department proposes to limit the CPLR option in 15A NCAC 02T .1105(b) to only Class B residuals:
Bulk Class B residuals shall not be land applied to the land if the land application causes the exceedance of the cumulative pollutant loading rate for any pollutant as stipulated in the following (i.e., on a dry weight basis): [the cumulative pollutant loading rate].
First, the current use of the term “bulk” in 15A NCAC 02T .1105(b) & (c) is appropriate and necessary to clearly authorize both land application of Class A and Class B residuals under the CPLR option, while remaining consistent with federal law. It is particularly inappropriate to restrict the land application of Class A residuals under the CPLR option, because such residuals meet more stringent pathogen reduction requirements. As the table above shows, Class A bulk residuals applied under the CPLR option have fewer restrictions under federal
law. The proposed amendment would turn this upside down. Further, the term “bulk” excludes bagged biosolids, which are not subject to the CPLR option, and maintains consistency with federal law. For this reason, the Department should continue to refer to “bulk” rather than “Class A.”
Second, the current version of 15A NCAC 02T .1105(c) correctly recognizes that bulk residuals may not be applied to a lawn or home garden unless the residuals meet the pollutant concentration limit. This distinction is important and should be preserved because Class A residuals sold or given away in a bag may be applied to
lawns and home gardens even if the pollutant concentration limits are not met, provided that: (1) the ceiling concentrations for pollutants are not exceeded, and (2) the Annual Pollutant Loading Rates are not exceeded.
NCWQA notes that edits (e.g., reinsertion of “bulk”) may be also required to 15A NCAC 02T .1103(a)(3) and (4) to reflect the corrections made in 15 NCAC 02T .1105 regarding pollutant limits.” – F. Paul Calamita, North Carolina Water Quality Association

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Hearing Officer Response
1. Thank you for your comment. Please note that the proposed language has been updated to correct rule citations in Rule .1106.
Revised Language for Readoption
Land application sites onto which Class A residuals that are sold or given away in a bag or other container container, are applied applied, provided the following criteria is 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) .1106(a)(1) 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 instructions provided in the informational sheet, sheet or bag bag, or other container label as required in Rule .1109(c) .1109(a) of this Section.
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15A NCAC 02T .1103(a)(4)
Proposed Language for Readoption
Land application sites onto which bulk Class A biological residuals are applied, provided that if the residuals and activities meet meeting 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, (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) .1108(b)(1) and Rule .1109(a)(1) .1109(b) of this Section.
Public Comments
1. “In 15A NCAC 02T .1105(c), the Department proposes the following change:
Bulk Class A residuals shall not be applied to a lawn, home garden, or public contact use site nor shall residuals be
sold or given away in a bag or other container for application to the land if the concentration of any pollutant in the residuals exceeds the concentration for that pollutant as stipulated in the following (i.e., on a dry weight basis): [the pollutant concentration limits].
These modifications would appear to prevent Class A residuals meeting the ceiling concentrations from being land applied under the CPLR option. Indeed, the Department proposes to limit the CPLR option in 15A NCAC 02T .1105(b) to only Class B residuals:
Bulk Class B residuals shall not be land applied to the land if the land application causes the exceedance of the cumulative pollutant loading rate for any pollutant as stipulated in the following (i.e., on a dry weight basis): [the cumulative pollutant loading rate].
First, the current use of the term “bulk” in 15A NCAC 02T .1105(b) & (c) is appropriate and necessary to clearly authorize both land application of Class A and Class B residuals under the CPLR option, while remaining consistent with federal law. It is particularly inappropriate to restrict the land application of Class A residuals under the CPLR option, because such residuals meet more stringent pathogen reduction requirements. As the table above shows, Class A bulk residuals applied under the CPLR option have fewer restrictions under federal
law. The proposed amendment would turn this upside down. Further, the term “bulk” excludes bagged biosolids, which are not subject to the CPLR option, and maintains consistency with federal law. For this reason, the Department should continue to refer to “bulk” rather than “Class A.”
Second, the current version of 15A NCAC 02T .1105(c) correctly recognizes that bulk residuals may not be applied to a lawn or home garden unless the residuals meet the pollutant concentration limit. This distinction is important and should be preserved because Class A residuals sold or given away in a bag may be applied to
lawns and home gardens even if the pollutant concentration limits are not met, provided that: (1) the ceiling concentrations for pollutants are not exceeded, and (2) the Annual Pollutant Loading Rates are not exceeded.
NCWQA notes that edits (e.g., reinsertion of “bulk”) may be also required to 15A NCAC 02T .1103(a)(3) and (4) to reflect the corrections made in 15 NCAC 02T .1105 regarding pollutant limits.” – F. Paul Calamita, North Carolina Water Quality Association

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Hearing Officer Response
1. Agreed. The term “bulk” should be reinstated. Please note that the proposed language has been updated to correct rule citations in Rule .1106.
Revised Language for Readoption
Land application sites onto which bulk Class A biological residuals are applied, provided that if the residuals and activities meet meeting 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) .1106(b) 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) .1108(b)(1) and Rule .1109(a)(1) .1109(b) of this Section.
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15A NCAC 02T .1105(b)
Proposed Language for Readoption
Bulk Class B residuals shall not be land applied to the land if the land application causes the exceedance of the cumulative pollutant loading rate rate, on a dry weight basis, to be exceeded for any pollutant as stipulated in the following: following (i.e., on a dry weight basis):
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 (1) A person shall determine compliance Compliance with the cumulative pollutant loading rates shall be determined using one of the following methods: (A) by calculating the existing cumulative level of pollutants using actual analytical data from all
historical land application events of residuals not otherwise exempted by this Paragraph Paragraph; or (B) for land on which land application events of residuals has not occurred or for which the data
required in Rule .1105(b) is incomplete, by determining background concentrations through representative soil sampling. (2) When applied to the land, bulk residuals shall be exempt from complying with this Paragraph as long as
they meet all of the following criteria: (A) the monthly average concentrations stipulated in Rule .1105(c) of this Section. (B) the pathogen reduction requirements stipulated in Rule .1106(b) of this Section, and (C) the vector attraction reduction requirements stipulated in Rule .1107 of this Section.
Public Comments
1. “In 15A NCAC 02T .1105(c), the Department proposes the following change:
Bulk Class A residuals shall not be applied to a lawn, home garden, or public contact use site nor shall residuals be
sold or given away in a bag or other container for application to the land if the concentration of any pollutant in the residuals exceeds the concentration for that pollutant as stipulated in the following (i.e., on a dry weight basis): [the pollutant concentration limits].
These modifications would appear to prevent Class A residuals meeting the ceiling concentrations from being land applied under the CPLR option. Indeed, the Department proposes to limit the CPLR option in 15A NCAC 02T .1105(b) to only Class B residuals:
Bulk Class B residuals shall not be land applied to the land if the land application causes the exceedance of the cumulative pollutant loading rate for any pollutant as stipulated in the following (i.e., on a dry weight basis): [the cumulative pollutant loading rate].
First, the current use of the term “bulk” in 15A NCAC 02T .1105(b) & (c) is appropriate and necessary to clearly authorize both land application of Class A and Class B residuals under the CPLR option, while remaining consistent with federal law. It is particularly inappropriate to restrict the land application of Class A
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residuals under the CPLR option, because such residuals meet more stringent pathogen reduction requirements. As
the table above shows, Class A bulk residuals applied under the CPLR option have fewer restrictions under federal law. The proposed amendment would turn this upside down. Further, the term “bulk” excludes bagged biosolids, which are not subject to the CPLR option, and maintains consistency with federal law. For this reason, the
Department should continue to refer to “bulk” rather than “Class A.”
Second, the current version of 15A NCAC 02T .1105(c) correctly recognizes that bulk residuals may not be applied to a lawn or home garden unless the residuals meet the pollutant concentration limit. This distinction
is important and should be preserved because Class A residuals sold or given away in a bag may be applied to lawns and home gardens even if the pollutant concentration limits are not met, provided that: (1) the ceiling concentrations for pollutants are not exceeded, and (2) the Annual Pollutant Loading Rates are not exceeded.
NCWQA notes that edits (e.g., reinsertion of “bulk”) may be also required to 15A NCAC 02T .1103(a)(3) and (4) to reflect the corrections made in 15 NCAC 02T .1105 regarding pollutant limits.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. The existing .1105(b) language is for bulk Class A and Class B residuals. With the proposed deletion of .1105(b)(2), the new .1105(b) rule language applies only to Class B residuals. Since Class B residuals can only be “bulk” residuals, as now proposed to be defined in .1102(10), retaining the word “bulk” is repetitive.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .1105(c)
Proposed Language for Readoption
Bulk Class A residuals shall not be applied to a lawn, home garden, or public contact use site nor shall residuals be sold or given away in a bag or other container for application to the land if the concentration of any pollutant in the residuals exceeds the concentration for that pollutant pollutant, as stipulated in the following on a dry weight basis: (i.e., 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
Public Comments
1. “In 15A NCAC 02T .1105(c), the Department proposes the following change:
Bulk Class A residuals shall not be applied to a lawn, home garden, or public contact use site nor shall residuals be sold or given away in a bag or other container for application to the land if the concentration of any pollutant in the residuals exceeds the concentration for that pollutant as stipulated in the following (i.e., on a dry weight basis): [the pollutant concentration limits].
These modifications would appear to prevent Class A residuals meeting the ceiling concentrations from being land applied under the CPLR option. Indeed, the Department proposes to limit the CPLR option in 15A NCAC 02T .1105(b) to only Class B residuals:
Bulk Class B residuals shall not be land applied to the land if the land application causes the exceedance of the
cumulative pollutant loading rate for any pollutant as stipulated in the following (i.e., on a dry weight basis): [the cumulative pollutant loading rate].
First, the current use of the term “bulk” in 15A NCAC 02T .1105(b) & (c) is appropriate and necessary to clearly authorize both land application of Class A and Class B residuals under the CPLR option, while remaining consistent with federal law. It is particularly inappropriate to restrict the land application of Class A residuals under the CPLR option, because such residuals meet more stringent pathogen reduction requirements. As
the table above shows, Class A bulk residuals applied under the CPLR option have fewer restrictions under federal law. The proposed amendment would turn this upside down. Further, the term “bulk” excludes bagged biosolids, which are not subject to the CPLR option, and maintains consistency with federal law. For this reason, the Department should continue to refer to “bulk” rather than “Class A.”
Second, the current version of 15A NCAC 02T .1105(c) correctly recognizes that bulk residuals may not be applied to a lawn or home garden unless the residuals meet the pollutant concentration limit. This distinction
is important and should be preserved because Class A residuals sold or given away in a bag may be applied to lawns and home gardens even if the pollutant concentration limits are not met, provided that: (1) the ceiling concentrations for pollutants are not exceeded, and (2) the Annual Pollutant Loading Rates are not exceeded.
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NCWQA notes that edits (e.g., reinsertion of “bulk”) may be also required to 15A NCAC 02T .1103(a)(3) and (4)
to reflect the corrections made in 15 NCAC 02T .1105 regarding pollutant limits.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. With the proposed language for .1105(b) being solely for Class B residuals, the proposed language in .1105(c) is specific only to Class A residuals. Since Class A residuals can either be “bulk” and “bagged” residuals, as now proposed to be defined in .1102(9), retaining the word “bulk” and the phrase “to a lawn, home garden, or public contact use site…” is repetitive. Please also note that the North Carolina residuals management program does not
regulate or recognize the “Annual Pollutant Loading Rates” in 40 CFR 503.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .1106(a)(1)
Proposed Language for Readoption
The Class A pathogen requirements shall be met when bulk biological residuals are applied to a lawn, home garden, or public contact use site site, or sold or given away in a bag or other container for land application. application to the land.
Public Comments
1. “In 15A NCAC 02T .1106(a)(1), the Department proposes the following change: The Class A pathogen requirements shall be met when bulk biological residuals are applied to a lawn, home garden, or public contact use site, or sold or given away in a bag or other container for land application to the land.
Under federal law, Class A pathogen requirements shall be met when bulk residuals are applied to a lawn or home garden. See 40 C.F.R. § 503.15(a)(2). On the other hand, Class A pathogen requirements are met when residuals
are sold or given away in a bag or other container. See id. § 503.15(a)(3). For this reason, the Department should retain the reference to “bulk” in .1106(a)(2) above.
On a related note, federal law allows Class B materials to be applied to a public contact use site if certain site restrictions are employed. See id. § 503.15(a)(1). The Department should revise the text consistent with federal law.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. Based upon the restoration of the “bulk residuals” definition, as well as the proposed definitions for “Class A residuals” and “Class B residuals,” it is proposed to restructure Rule .1106 to accommodate for these changes and to increase clarity and simplicity. It is proposed that: existing Paragraph (a)(1) be struck; existing Paragraph (a)(2)
be renamed Paragraph (c); proposed Paragraph (a)(3) be renamed Paragraph (d); existing Paragraph (b) be renamed Paragraph (a); and existing Paragraph (c) be renamed (b).
Revised Language for Readoption
(a) The following pathogen requirements shall be met when biological residuals are applied to the land or placed in a surface disposal unit: (1) The Class A pathogen requirements shall be met when bulk biological residuals are 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. (2) 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 reduction method in Rule .1107(b)(2) of this Section is met.
(3) Programs involving the land application of biological residuals generated by wastewater treatment facilities treating industrial wastewater only that are operational at the time of this Rule's effective date shall comply with the requirements stipulated in this Rule no later than five years from the effective date of this Rule
unless the Permittee is adhering to an established schedule in an individual permit, settlement agreement, special order pursuant to G.S. 143-215.2, or other similar document that establishes a later deadline. (a) (b) For Class A biological residuals to be classified as Class A with respect to pathogens, shall meet the following requirements: shall be met: (1) The requirements in this Paragraph are shall be met either prior to no later than meeting or at the same time as the vector attraction reduction requirements in Rule .1107 of this Section, Section are met, unless the
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vector attraction reduction methods stipulated in Rule .1107(a)(6), Rule .1107(a)(7), and Rule .1107(a)(8)
of this Section are met. (2) The biological Biological residuals are shall be monitored for the density of fecal coliform or Salmonella sp. bacteria at the time that the biological residuals are used or disposed disposed, or at the time they are
prepared for sale or giving away in a bag or other container for land application to the land for the density of fecal coliform or Salmonella sp. bacteria to demonstrate that: the following: (A) the density of fecal coliform is less than 1,000 Most Probable Number per gram of total solids on
a dry weight basis; (i.e., dry weight basis), or (B) the density of Salmonella Salmonella sp. bacteria is less than three Most Probable Number per four grams of total solids on a dry weight basis. (i.e., dry weight basis). (3) The biological residuals meet one of the following alternatives: requirements: (A) Time/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 remains 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, percent; (C) Prior Testing for Enteric Viruses/Viable Helminth Ova. The biological residuals shall be analyzed prior to pathogen reduction treatment to determine whether 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 (i.e., dry weight basis) or the density of viable helminth ova shall be less than one per four grams of
total solids on a dry weight basis. (i.e., 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 to be 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. documented to the satisfaction of the Division. After this demonstration, the biological residuals shall be considered to be Class A as long as if the operating parameters for the pathogen reduction treatment are met and documented; documented to the satisfaction of the Division, (D) No Prior Testing for Enteric Viruses/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 (i.e., dry weight basis) or the density of viable helminth ova in the biological
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residuals shall be less than one per four grams of total solids on a dry weight basis (i.e., dry weight
basis) at the time that the biological residuals are used or disposed or is are prepared for sale or giving away in a bag or other container contained for land application; application to the land, (E) Process to Further Reduce Pathogens - Composting. The biological residuals shall be composted
using either the within-vessel method or the static aerated pile method, 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 temperature 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, higher. Natural decay of the biological residuals under uncontrolled conditions are not sufficient to meet this process, 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 exceeds shall exceed 80 degrees Celsius or the wet bulb temperature of the gas in contact with the biological residuals as they leave the dryer exceeds 80 degrees Celcius, 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 is only available to shall be applied only to biological residuals that are in a liquid state, 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 is only available to shall be applied only to biological residuals that are in a liquid state, 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 (i.e., approximately 20 degrees Celsius), (i.e., 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 (i.e., approximately 20 degrees Celsius), (i.e., 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) (c) For Class B biological residuals to be classified as Class B with respect to pathogens shall meet one of the following shall be met: requirements: (1) Fecal Coliform Density Demonstration. Seven samples of the biological residuals are shall 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 is shall be less than either 2,000,000 Most Probable Number per gram of total solids on a dry weight basis (i.e., dry weight basis) or 2,000,000 Colony Forming Units per gram of total solids on a
dry weight basis. (i.e., dry weight basis). (2) Process to Significantly Reduce Pathogens. The biological residuals meet one of the following requirements: processed in a process to significantly reduce pathogens. The processes to significantly
reduce pathogens are as follows: (A) Aerobic Digestion. Biological residuals are 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 are shall be between 40 days at 20 degrees Celsius and 60 days at 15 degrees Celcius, Celsius; (B) Air Drying. Biological residuals are shall be dried on sand beds or on paved or unpaved basins for a minimum of three months. During two of the three months, the ambient average daily temperature is shall be above zero degrees Celcius, Celsius; (C) Anaerobic Digestion. Biological residuals are 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
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temperature are shall be between 15 days at 35 to 55 degrees Celsius and 60 days at 20 degrees
Celcius, Celsius; (D) Composting. Using either the within-vessel, static aerated pile, or windrow composting methods, the temperature of the biological residuals is shall be raised to 40 degrees Celsius or higher and
remains shall remain at 40 degrees Celsius or higher for five days. For four hours during the five days, the temperature in the compost pile exceeds shall exceed 55 degrees Celsius. Natural decay of the biological residuals under uncontrolled conditions are not sufficient to meet this process
shall not be deemed to comply with these composting requirements; or (E) Lime Stabilization. Sufficient lime is 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 reduction method in Rule .1107(b)(2) of this Section is met. (d) The pathogen reduction requirements in Paragraphs (a)(2) and (b) of this Rule shall not apply for biological residuals generated from treatment of waste shown to not contain pathogens.
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15A NCAC 02T .1108(b)
Proposed Language for Readoption
For land onto which Class A bulk residuals are applied or stockpiled, the following minimum setbacks in feet (i.e., in feet) shall be as follows: adhered to:
Public Comments
1. “In 15A NCAC 02T .1108(b), the Department proposes to delete the term “bulk” and create paragraphs establishing separate setbacks for Class A and Class B residuals. NCWQA believes the term bulk should be retained because deleting the term “bulk” suggests there are setbacks for all Class A products – even those sold or given away in a bag or other container. This could be interpreted to apply to and impact individual property owners land applying compost on laws and home gardens. Further, NCWQA recommends that the Department clarify the setback requirements for exceptional quality (EQ)
materials (no setbacks required, as discussed below) versus bulk Class A PC materials (no land application within 10 meters of a water of the U.S.) versus bulk Class B (all listed setbacks apply). NCWQA notes that edits may be also required to 15A NCAC 02T .1103(a)(4) to reflect the corrections made in 15 NCAC 02T .1108 regarding setbacks applicable to Class A PC materials.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. It is agreed that the term “bulk” should be reinstated in the proposed rule in order to differentiate between Class A bulk and bagged residuals. Please note that it is not intended to include “Exceptional Quality (EQ)” residuals in the 02T .1100 section.
Revised Language for Readoption
For land onto which Class A bulk residuals are applied or stockpiled, the following minimum setbacks in feet (i.e., in feet) shall be as follows: adhered to:
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15A NCAC 02T .1108(c)
Proposed Language for Readoption
For land onto which Class B residuals are applied or stockpiled, the following setbacks in feet shall be as follows: (2) If the bulk residuals do not meet the requirements of Rules .1105(c), .1106(b), and .1107 of this Section:
Surface Application
by Vehicle
Surface
Application by Irrigation
Injection / Incorporation
Habitable residences or places of public assembly under separate ownership or not to be maintained as part of the project site 400 400 200
Habitable residences or places of public assembly owned by the Permittee, permittee, to be maintained as part of the project site 0 200 0
Any property line Property lines 50 150 50 Public right rights of way 50 50 50 Any private Private or public water supply source sources 100 100 100 Surface waters (streams - intermittent and perennial, perennial waterbodies, and wetlands) 100 32.8 100 32.8 50 32.8
Surface water diversions (ephemeral streams, waterways, ditches) 25 100 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 Any well Wells with exception of to 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
Any building foundation Building foundations or basement basements 0 15 0 Any water line Water lines 0 10 0 Swimming pools 100 100 100 Nitrification field fields 0 20 0

Public Comments
1. “The rules should maintain the requirement for a 100-ft setback from swimming pools instead of assuming all pools are “places of public accommodation”” – Vivian Lord
2. “Strongly disagree with reduction of setback to surface waters to Class B residuals to 32.8 feet. Surface applications at this distance will result in discharges of nutrients, metals, pathogens, and other pollutants to surface waters based on field observation of land application events.” – Cory Larsen, PE, Wake County Environmental Services

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Hearing Officer Response
1. For the purposes of the 02T and 02U subchapters, “public” has been interpreted as “of or relating to people in general.” This is reflected in the public access prohibitions found in .0505(q) and other sections in the 02T and 02U subchapters. “Public” is not interpreted as the opposite of “private” in regard to places, property, etc. In addition, it is not necessary to specifically note “swimming pools” in the rule, as other places of public assembly, such as churches, schools, day cares, athletic fields, tennis courts, etc. are not specified by name, but are inherently covered under the term “place of public assembly.” Regardless, the Hearing Officers recommend that the term “public” be removed from the first two listed setbacks.
2. The reduction in the setback from 100 feet to 32.8 feet for surface waters is proposed in order to comply with the requirements in G.S. 150B-19.3, which reads, “An agency authorized to implement and enforce State and federal
environmental laws may not adopt a rule for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule, if a federal law or rule pertaining to the same subject matter has been adopted, unless adoption of the rule is required by one of the
subdivisions of this subsection. A rule required by one of the following subdivisions of this subsection shall be subject to the provisions of G.S. 150B-21.3(b1) as if the rule received written objections from 10 or more persons under G.S. 150B-21.3(b2):…” Accordingly, this setback must be reduced to the 32.8 foot requirement in 40 CFR 503.14.
Revised Language for Readoption
For land onto which Class B residuals are applied or stockpiled, the following setbacks in feet shall be as follows: (2) If the bulk residuals do not meet the requirements of Rules .1105(c), .1106(b), and .1107 of this Section:

Surface
Application by Vehicle
Surface Application by
Irrigation
Injection / Incorporation
Any habitable residence Habitable residences or place places of public assembly under separate ownership or not to be maintained as part of the project site 400 400 200
Any habitable residence Habitable residences or place places of public assembly owned by the Permittee, permittee, to be maintained as part of the project site 0 200 0
Any property line Property lines 50 150 50 Public right rights of way 50 50 50 Any private Private or public water supply source sources 100 100 100 Surface waters (streams - intermittent and perennial, perennial
waterbodies, and wetlands) 100 32.8 100 32.8 50 32.8
Surface water diversions (ephemeral streams, waterways, ditches) 25 100 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 Any well Wells with exception of to 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
Any building foundation Building foundations or basement basements 0 15 0 Any water line Water lines 0 10 0
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 73 of 525
Swimming pools 100 100 100
Nitrification field fields 0 20 0

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15A NCAC 02T .1108(e)
Proposed Language for Readoption
Setback waivers from habitable residences or places of public assembly under separate ownership, or not to be maintained as part of the project site, shall be written, notarized, and signed by all parties involved.
Public Comments
1. "Additionally, in the spray rules under section 0.500 and in the single family rules under 0.606 there is a provision for allowing a property line setback waiver. There is no reason to not allow for the development and implementation of a property setback waiver for the land application section of the rules. Even if the adjoining parcels are not under the “common ownership” there should be the option of reducing the setbacks." – Martin Mabe, LSS, Willcox & Mabe Soil Solutions, PLLC
Hearing Officer Response
1. Thank you for noticing this oversight. This rule should be amended to include the language from 15A NCAC 02T .0506(d).
Revised Language for Readoption
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.
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15A NCAC 02T .1108(f)
Proposed Language for Readoption
Setbacks to property lines established in Paragraphs (a), (c), and (d) of this Rule shall not be applicable when 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 creating said property line.
Public Comments
1. “While it is important that setbacks be clearly defined, it is just as important that they serve their intended purpose of ensuring permitted activity is not conducted in problematic locations. For instance, typically, rules state the required setback between permitted activity and “any property line” to minimize impacts of permitted activity on adjacent parcels.43 However, in the proposed rules, setbacks to property lines “shall not be applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line.”44
At first blush, this may seem reasonable. If a permittee wishes to conduct permitted activity next to his own property, perhaps he should be allowed to assume the risk of impacting his own property by essentially waiving the protection otherwise afforded by a setback. However, this justification fails to consider the potential that the adjacent property is occupied by the permittee’s tenant. After all, the impacts of permitted activity can affect people, not just land.
According to the U.S. Census Bureau, between 2011 and 2015, only 65.1% of housing units in North Carolina were owner-occupied.45 Yet, under the proposed rule, whether or not one owns his residence could directly impact
the degree of protection afforded under the 02T and 02U rules. Not only does this unfairly burden tenants, it threatens to invite violations of well-established principles of landlord/tenant law. “North Carolina law provides that a lease, in the absence of a provision to the contrary, carries with it an implied covenant that the tenant will
have the quiet and peaceable possession of the leased premises during the term of the lease.”46 The EMC should not adopt rules that allow an absentee landlord to breach this implied covenant of quiet enjoyment by waiving setback requirements.
Of course, if a permittee does not lease the property adjacent to the parcel on which the permitted activity is conducted, this concern would be mitigated. We encourage the EMC to consider adding this caveat to prevent landlords from waiving protections or violating legal rights designed to benefit tenants. Alternatively, the EMC should consider removing this setback exception and analyzing on a case-by-case basis whether or not a variance from the setback would provide equal or better treatment of waste, equal or better protection of the waters of the state, and no increased potential for nuisance conditions from noise, odor, or vermin.47” – American Rivers, Et. Al 2. “With the passing of HB 56 on October 4, 2017, GS 143-215.1(i) has been amended such that there are no longer setbacks to property lines for “multiple contiguous properties under common ownership and permitted for use as a disposal system.” To date, no one within NCDEQ has determined or announced the definition/interpretation of “common ownership”. In an email dated October 4, 2017, Mr. Nathaniel Thornburg made the following comment:
“We no longer need to require that the Permittee provide setbacks to their own contiguous property lines, or obtain and record setback waivers.” But to my knowledge, the 2T proposed Rule Change does not address this new interpretation as a result of HB 56 passing.” – Martin Mabe, LSS, Willcox & Mabe Soil Solutions, PLLC

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3. “As an initial matter, NCWQA supports proposed paragraph (f), which states that “Setbacks to property lines as
noted in Paragraphs (a), (c) and (d) are not applicable when 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 creating said property line.” This change provides important streamlining where adjacent properties are
under co-ownership or operation such that internal buffers make no sense.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. The proposed rule language only exempts the Permittee from complying with property line setbacks when the
Permittee owns or is leasing the parcels that create the property line. The Permittee is still responsible for ensuring that the infiltration, treatment, and storage facilities maintain setbacks to any habitable residence or place of public assembly under separate ownership and under the Permittee’s ownership.
In addition, the Hearing Officers solicited comment from the North Carolina Department of Justice’s Environmental Division. Special Deputy Attorney General Phillip T. Reynolds stated, “After reviewing the history
of the rule and the supporting statutes, it seems to me that the proposed language…is simply an extension of the statutory mandate contained in N.C. Gen. Stat. § 143-215.1(i), which states in relevant part: “Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary and setbacks to property lines.” Because the authority to adopt the rule is predicated on the statute and because the statute clearly requires that “multiple continuous properties … shall be treated as a single property,” it does not appear that the principles of landlord/tenant law are relevant for the purposes of the specific rule.” 2. Session Law 2017-209 amended G.S. 143-215.1(i) as follows: "Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. boundary and setbacks to property lines." Proposed Rule 15A NCAC 02T .0506(e) is a reflection of the revised general statute language. 3. Thank you for your comment.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .1109(a)(1)
Proposed Language for Readoption
Residuals Bulk residuals shall not be land applied to the land 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 cannot be have not been met;
(B) if the application causes prolonged nuisance conditions; (C) if the land fails to assimilate the bulk residuals or the application 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 bulk residuals are injected or incorporated within a 24-hour period following the application of residuals to land; land application event; (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 bulk liquid residuals are surface applied, and if the slope of the land is greater than 18 percent when bulk liquid residuals are injected or incorporated; (H) if the land does not have an established vegetative cover crop unless the land is in a state or federal no-till program or the bulk residuals are incorporated within a 24-hour period following the injection or application of residuals to land; land application event or injected;
(I) if the vertical separation of the seasonal high water table and the depth of residuals 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 rates, except for dedicated sites where the Applicant 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.
Public Comments
1. “NCWQA questions the current list of management practices in .1109(a)(1). It appears that several are not required by federal law (for example, the prohibition on prolonged nuisance conditions, which is also problematic because
of its vagueness). NCWQA recommends that the Department carefully review the management practices at 40 C.F.R. § 503.14, and consider eliminating any .1109(a)(1) terms that are not found therein.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. The State of North Carolina is not delegated to implement the Federal program for the use or disposal of sewage
sludge. The residuals management program in North Carolina is a state-run program that is independent and complementary of Federal regulations.

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Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02T .1109(a)(1)(H)
Proposed Language for Readoption
if the land does not have an established vegetative cover crop unless the land is in a state or federal no-till program or the bulk residuals are incorporated within a 24-hour period following the injection or application of residuals to land; land application event or injected;
Public Comments
1. “Rule 15A NCAC 02T .1109(a)(1)(H) requires that residuals cannot be applied to land with no established cover crop unless the land is enrolled in a federal or state no-till program, or unless the residuals are incorporated within 24 hours. This requirement overlooks the fact that much of the land that uses no-till is not enrolled in a federal or state no-till program. For example, in the Tar-Pam River Basin, the Census of Agriculture from 2012 (the most recent available) indicates that 302,697 acres were under the no-till practice1. But the Tar-Pam Basin Oversight Committee, which only reports land under a state or federal program, calculated that 46,808 acres were under a state or federal program for the no-till practice in crop year 20122. NCFB requests that 02T .1109(a)(1)(H) be revised to allow for the inclusion of land that is using the no-till practice, but not require that the land be under a state or federal no-till program.” – Keith Larick, North Carolina Farm Bureau Federation, Inc.
Hearing Officer Response
1. The Hearing Officers agree to removing the limitation of no-till fields to only those enrolled in a state or federal no-till program. However, the proposed language should be modified to require that the fields be a Division-approved site for no-till practices, and this approval should come through the application process and land owner agreement.
Revised Language for Readoption
if the land does not have an established vegetative cover crop unless the land is a Division-approved no-till site in a state or federal no-till program or the bulk residuals are incorporated within a 24-hour period following the injection or application of residuals to land; land application event or injected;
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15A NCAC 02T .1300
Proposed Language for Readoption
Not applicable – These are general comments about Section .1300
Public Comments – Create Violation Point System
1. The EMC should meet the legal obligation to conduct rulemaking for developing a violations points system to ensure that repeat offenders are not treated the same as compliant operations. EMC should create and include violations points system applicable to permits for animal waste management systems for swine farms, per S.L. 1997-458 (G.S. 143-215.6E) – Amer. Rivers et.al.
2. The EMC should follow the command of N.C. General Statute 143-215.6E and create a violation points system to reduce the threat posed by serial polluters operating swine facilities. – Haddix et.al.
3. Urge revisions of the 02T rules to include a detailed Violations Points System (VPS), as required by statute, to reduce the threat posed by serial polluters operating swine facilities. The rules should be modified to include a
VPS because the NC General Statutes require it. – SELC et. al.
4. The rules should be modified to include a VPS because it would result in protection of water resources by requiring DEQ to hold serial violators accountable. – SELC et. al.
5. The rules should be modified to include a VPS because other states have successfully implemented similar systems. – SELC et. al.
6. The rules should be modified to include a VPS because an analysis of public records reveals that serial polluters
operating swine facilities pose a serious risk to NC's environment and public health. – SELC et. al.
7. The Department can act, during this rule review process, to institute the Violation Points System. The Commission is reviewing, amending, and re-adopting a series of administrative rules pursuant to the Regulatory Reform Act of 2013, S.L. 2013-413. Its proposed revisions to the 02T rules contains several additions to sections .1303, .1304, and .1305 that are designed to prevent waste discharge and to protect surface water quality. The Commission has until October 2019 to re-adopt these rules, with amendments and additions. – SELC et. al.
8. The state’s Environmental Management Commission must follow the directions given by the NC General Assembly to create a violation point system in regard to swine facilities. Such a system would reduce the environmental threats as well as impacts to communities from habitual violations from a specific swine CAFO (NCGS 143-215.6E). – L. Baldwin
9. The EMC needs to create a violation point value system for swine operations. – W. Hendrick

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Hearing Officer Response
The creation of a violations points system is outside the scope of this readoption process and would require additional rulemaking action. Furthermore, General Statute 143-215.6A and 143B-282.1(b) require that any civil penalty assessment be based in consideration of eight assessment factors applied to the specific circumstances of the violation(s). Wake County Superior Court ruled in Dec 2003 in Heater Utilities v. NCDENR that imposing a penalty "decision tree" with preset penalties violated the statute. A Violations Points System would similarly violate the same statutes. The department has adopted a tiered enforcement policy consistent with 143-215.6A and 143B-282.1 with provisions for escalating enforcement actions to address violations. A tiered enforcement policy has
existed in the animal feeding operations program since 2000.
Considering all the above factors, the hearing officers do not recommend the creation of a Violation Points System as part of this rule making. Effective May 3, 2018, DEQ entered into a settlement agreement to address an
environmental justice complaint in which DEQ committed to draft rules regarding a violation points system consistent with G.S. 143-215.6A within 12 months.
Revised Language for Readoption
No revisions recommended.
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15A NCAC 02T .1300
Proposed Language for Readoption
Not applicable – These are general comments about Section .1300
Public Comments – Environmental Justice
1. Request that the EMC revise the 2T rules, particularly to address disproportionate harm to communities of color from these facilities (animal operations). – SELC et. al.
2. More modifications to the 02T rules are needed in order to ensure that North Carolina's AWMS are not adversely impacting public health and North Carolina's environmental quality, particularly in low-income communities of color. … DEQ must do more to ensure that North Carolina's AWMS are not disproportionately burdening these communities with environmental harm, such as surface water quality impairment. – Duke Env. Law et.al.
3. Concerned about the potential impact on low-income communities located near hog and poultry farms and the impact of wastewater from these systems entering the waterways and polluting drinking water. – FWWatch et.al.
4. Given the disparate impact of animal operations (especially hog farms) on vulnerable communities, the state
should take additional measures to protect those at greatest risk. – Postcards
5. Need to consider the locations and impacts of animal operations on surrounding communities. – W. Hendrick
6. Lumber River Basin is racially diverse, poor economy - economically depressed. Robeson County is 45%
Lumbee and very poor. – C. Ellis

Hearing Officer Response
During the writing of this report, the State of NC entered into a negotiated settlement agreement with the NC
Environmental Justice Network, Rural Empowerment Association for Community Help, and Waterkeeper Alliance, Inc. An outgrowth of this settlement was the Secretary’s establishment of the NC DEQ Environmental Justice and Equity Advisory Board on May 2, 2018. The Hearing Officers believe that, within the limits of DEQ’s authority,
it is appropriate that this Advisory Board address any environmental justice and equity issues raised during the comment period.
Revised Language for Readoption
No revisions recommended.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 83 of 525
15A NCAC 02T .1300
Proposed Language for Readoption
Not applicable – These are general comments about Section .1300
Public Comments – Monitoring and Reporting
1. Encourage the EMC to amend the 02T rules to require permittees to collect much needed information about the impacts of animal waste management on our water resources. – Amer. Rivers et.al.
2. The proposed regulations will likely increase the health and environmental burdens from concentrated animal feeding operations. The proposed 02T rules continue to treat industrial swine facilities as non-discharge facilities without mandating testing of water quality or air quality near these operations. Rules should require surface and groundwater monitoring to prove no discharge. Monitoring should be at industry expense, not the contract grower. – Haddix et.al.
3. Waterkeepers urge the commission to incorporate annual surface water sample collection and reporting as part
of the requirements for the following: 1. being deemed permitted by regulation under 15A NCAC 02T .1303; 2. the state permitting requirements under 15A NCAC 02T .1304; 3. the NPDES permitting requirements under 15A NCAC 02T .1305; and 4. the monitoring requirements under 15A NCAC 02T .1308(d). – Duke Env. Law
et.al.
4. It is essential that the 02T rules establish comprehensive and effective requirements for AWMS so as to ensure that they are in fact not discharging waste or waste nutrients into North Carolina's surface water resources, in
compliance with their statutory and permit obligations. – Duke Env. Law et.al.
5. Waterkeepers recommend that the EMC implement a risk-based, compliance assurance surface water quality monitoring program applicable to those AWMS with the highest likelihood, based on location or operational characteristics, of causing a discharge into waters of the state. – Duke Env. Law et.al.
6. In light of the comprehensive monitoring and reporting requirements for animal waste residuals established in 15A NCAC 02T .1310, Waterkeepers urges the Commission to further amend the 02T rules and adopt monitoring and reporting requirements applicable to all varieties of AWMS in North Carolina, regardless of the type of animal waste managed and regardless of whether the system is deemed permitted by regulation, operating under state permits, or operating under NPDES permits. – Duke Env. Law et.al.
7. Predicate all surface water monitoring provisions on risk-based triggers. Site specific physical factors also support surface water monitoring and reporting requirements under sections .1303, .1304, .1305, and .1308 because animal operations with certain production characteristics are more likely to discharge than otherwise comparable animal operations. – Duke Env. Law et.al.
8. Incorporate a graduate schedule into surface water monitoring and reporting provisions. – Duke Env. Law et.al.
9. Waste from poultry and swine farms should be monitored and controlled. Protect against massive dumping and spraying in areas where people live. – R. Goins
10. The state department of environmental quality should require that livestock and poultry operators sample
surface water, ground water, and air quality in order to protect residents. – Postcards
11. Add air, groundwater, and surface water monitoring. – W. Hendrick
12. Comprehensive surface water quality monitoring system should be required. We need monitoring to prove
performance of the systems, to evaluate health benefits/impacts, and to confirm non-discharge status. – E. Meza
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 84 of 525
13.Incorporate surface water quality monitoring for compliance assurance. – D. Schwartz
14.Urge the EMC to require mandatory water quality monitoring system to obtain valuable data to ensure equitabletreatment and to develop an informed policy response. – A. McCreadie
Hearing Officer Response
The purpose of this rule review and readoption is to comply with Session Law 2013-413. The modification of this rule Section to incorporate additional surface water quality monitoring and reporting requirements is beyond the scope of S.L. 2013-413. Such modifications would require a separate rule making action. However, 15A NCAC 02T .0108(c) grants the Division the authority to require surface and ground water monitoring on a case-by-case
basis.
Air quality monitoring rules are in 15A NCAC 02D, not in 15A NCAC 02T.
Additionally, the proposed .1310 rule was a technical correction to an omission in the creation of the 15A NCAC
02T rules in 2006 that left the distribution of animal waste residuals (to the public) unregulated. The distribution of material directly to the public requires additional monitoring to protect public health. The requirements of .1310 are not applicable to other rules in the .1300 Section.
Revised Language for Readoption
No revisions are recommended.
Return to Table of Contents
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 85 of 525
15A NCAC 02T .1300
Proposed Language for Readoption
Not applicable – These are general comments about Section .1300
Public Comments – Permit Dry Litter Poultry
1. I am deeply disturbed by the influx of poultry operations along the Catawba River Basin. A brief look at the current waste regulations - the 2T rules - shows them to be grossly inadequate and in dire need of revision and strengthening. – L. Wilson
2. Please use long-term vision with an eye to equal treatment of all communities when addressing these issues. The monetary gain from such a large influx of poultry operations is far outweighed by the long-term environmental consequences. – L. Wilson
3. The EMC has the statutory authority to bring dry litter facilities under a state general permit and should take this opportunity to amend the 02T Rules to do so. – Haddix et.al.
4. The EMC should amend the 02T Rules to bring dry litter facilities under a general permit or, at least, take interim steps to improve record-keeping and disclosure by dry litter facilities. – Yale EJ Clinic, et. al.
5. Dry litter poultry manure is a serious hazard to public health and the environment. – Yale EJ Clinic, et. al.
6. Poultry manure is the largest and fastest growing source of nutrients in North Carolina, but because facilities are "deemed permitted", we know few details about the specific sources of the problem. – Yale EJ Clinic, et. al.
7. The deemed permitted regime, under which dry litter poultry facilities are "permitted by regulation," fails to prevent the harmful effects of dry litter pollution. – Yale EJ Clinic, et. al.
8. State and federal laws ostensibly require dry litter facilities to abide by certain limited requirements, but without strong enforcement mechanisms such requirements are illusory. – Yale EJ Clinic, et. al.
9. The deemed-permitted requirements are difficult to enforce and widely flouted. Reporting requirements and inspections are crucial for DWR to uncover and correct violations of substantive permit provisions that protect public health and the environment. Because deemed-permitted status comes with no such requirements, regulated entities frequently violate the deemed-permitted conditions without repercussion. – Yale EJ Clinic, et. al.
10. North Carolina lags behind other regional states in regulation of dry litter. – Yale EJ Clinic, et. al.
11. The co-location of poultry facilities with swine facilities creates cumulative impacts that affect vulnerable populations. This creates an unfair and unjust burden not only on local, vulnerable communities, but also on municipalities, swine and cattle operators, and other industries who bear disproportionate blame for the cumulative effect of nutrient production within the state. – Yale EJ Clinic, et. al.
12. EMC can and should amend the 02T Rules to integrate dry litter poultry facilities into North Carolina's AFO permitting program. Eliminate 02T .1303(a)(2) to remove the deemed permitted allowance for dry litter facilities. Amend 02T .1304 to include dry litter facilities in addition to "animal operations". – Yale EJ Clinic,
et. al.
13. EMC should take interim steps to improve transparency and disclosure among facilities deemed permitted. EMC has the authority to require the submission of documents to DWR on a regular schedule without
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 86 of 525
comprehensive amendments to the deemed-permitted regulations. The reporting requirements for dry litter
poultry facilities should be added to 02T .1303(a)(2). – Yale EJ Clinic, et. al.
14. The deemed-permitted regime creates potential for liability under Title VI of the Civil Rights Act of 1964 and EPA regulations by DEQ. – Yale EJ Clinic, et. al.
15. There are 1000 poultry houses in NC Catawba watershed and only 100 in SC Catawba watershed. Waste IS discharging. This is not farming. Problems occur where headwaters cannot start clean. This is apparent based on visual observation and odor. The nutrient loading has cause algael blooms elsewhere but expect it to happen
here - example of Toledo. Catawba is a bottleneck and if a bloom occurred, you could have concerns for drinking water for 1.2 million people. – Sam Perkins - Catawba River Keeper
16. Poultry has ruined the lives of people living near the poultry houses. Poultry is encroaching on the neighbors. EMC should act in the best interest of the public. – Sam Perkins - Catawba River Keeper
17. The current absence of a permitting process with regard to new poultry operations leaves the state unable to provide basic oversight and prevent irresponsible practices of these facilities. Poultry operations are the fastest growing source of agricultural pollution, and the state needs to protect its citizens from this industry. – Postcards
18. Cannot protect the environment or the citizens as dry litter poultry is not currently permitted. Based on a DWR study, poultry is the largest and fastest growing industry. Rules need to be reformed to collect necessary information about poultry. – W. Hendrick
19. There has been a proliferation of poultry operations, which are deemed permitted. There is little information
on the waste use. These new farms bring a huge increase in the PAN generated. – C. Ellis
20. Didn't know about chicken farms and that they are not regulated. I'm familiar with Maryland eastern shore problems. There are issues of farmers dealing with integrators. Need to address how hard poultry farms are
on neighbors. – L. Cozar
21. There's a vast loophole for dry litter poultry. We need to collect more information about them. Current regulations do not allow DEQ to know any information about facilities including the locations or number of
birds. – W. Hendrick
Hearing Officer Response
Hearing officers received comment in each of the sessions concerning imposition of additional regulatory requirements on dry litter operations. G.S. 143-215.10B excludes dry litter poultry operations from the definition
of “animal operation” which would be subject to permitting under G.S. 143-215.10C. Also, G.S. 150B-19.3 prohibits the adoption of certain environmental regulations.
It is the hearing officers’ opinion that additional requirements for dry litter operations would be environmentally
beneficial. At minimum, we believe operators of dry litter facilities handling litter from one or more poultry houses of a capacity yet to be determined should: receive comprehensive nutrient management training, develop comprehensive nutrient management plans, participate in a certification program on management of litter using
sound nutrient management principles, and report management practices (including land application) to DEQ.
Revised Language for Readoption
No revisions are recommended.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 87 of 525
15A NCAC 02T .1300
Proposed Language for Readoption
Not applicable – These are general comments about Section .1300
Public Comments – Public Notice
1. Neighbors have a right to know in advance and provide comment on permits for disposal of all animal waste and residuals. – Haddix et.al.
2. EMC should add requirement of public notice of litter application events - suggests posting this online. The people deserve to know where the waste is to be applied. - Sam Perkins – Catawba River Keeper
Public Comments – Transparency
1. Want more transparency for poultry and swine operations. Critical information is not collected, not shared with public. Need to bolster reporting, not remove it. – C. Ellis
2. the current system is not transparent. – L. Carter
3. Information is valuable to the public even if the agency does not act on it. Currently records are kept onsite. We want to see all records of land application. – W. Hendrick
Public Comments – Setbacks
4. Setbacks provide important buffers and reduce the amount of pollution that runs off and reaches our rivers and streams. Setbacks should be mandatory regardless of the ownership of the fields where waste is disposed. – FWWatch et.al.
Hearing Officer Response
Public Notice and Transparency – All general permits are developed with public notice and input pursuant to 02T .0111. Additionally, all permits issued under 02T .1305 require separate public notice prior to issuance of each general permit certificate of coverage and each individual permit. A map indicating the location of every permitted
facility is available on the Division of Water Resources website, and all permits and permit related documents are public records.
Setbacks – Setbacks found in 15A NCAC 02T .1303, .1304, and .1305 are not based on ownership. Setbacks for
swine operations covered by 02T .1304 and .1305 are established by G.S. 106-803.
Revised Language for Readoption
No revisions are recommended.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 88 of 525
15A NCAC 02T .1300
Proposed Language for Readoption
Not applicable – These are general comments about Section .1300
Public Comments – General Comments
1. The proposed changes to the 2T animal waste rules are a step in the wrong direction -- the Environmental Management Commission should consider ways to improve the regulation of factory farms, rather than weakening existing rules. – FWWatch et.al.
2. Farmers should be incentivized to grow more fruits, vegetables, and other healthy plant foods, which can be produced in a more ecologically sound way than animal products. – Postcards
3. Concerned that animal operations are permitted as non-discharge – W. Hendrick
4. Archaic rules and outdated management technologies. – W. Hendrick
5. She is a CAFO neighbor. Producers are spraying before rain, it's getting on homes, there are other crops on the fields. – L. Carter
6. There are not enough people to review these farms. There are only nine inspectors. – L. Carter
7. Permits are only input driven. – E. Meza
8. Commends the inclusion of long standing permit conditions, but this is only a half-measure. The state needs data to fully identify operations with persistent problems. The state should do more to protect public health. – D. Schwartz
9. Proposed revisions do little to improve protections; implementing current requirements doesn't increase protection. – A. McCreadie
Hearing Officer Response
The comments are appreciated and were considered but are too broad to be addressed in the rules review and readoption
process.
Revised Language for Readoption
No revisions are recommended.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 89 of 525
15A NCAC 02T .1302(2)
Proposed Language for Readoption
“Animal Waste Residuals” means residuals that have been generated during the treatment of animal waste.
Public Comments
1. New definition of Animal Waste Residuals - Sludge application is a problem. – C. Ellis
2. The word ‘residual’ is used to define “animal waste residuals”, that is confusing. As the word ‘residual’ is defined and has specific meaning in 15A NCAC 02T .0103, it should be re-defined for this section or not be used in separate locations with different meanings. Given the generally understood meaning of ‘residuals’ applying to municipal solid waste solids recovery, using this term in association with animal waste could be confusing unless it is clearly and separately defined. – NCDA&CS
Hearing Officer Response
The term “Animal Waste Residuals” is used to distinguish these waste products from those generated by municipal or industrial facilities while best describing the general physical characteristics of the material.
Animal Waste Residuals, for the purpose of this section, is the solids/semi-solid animal waste that is treated and distributed to the public, and does not refer to the application of lagoon sludge as a part of routine animal operations.
Revised Language for Readoption
No revisions are recommended.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 90 of 525
15A NCAC 02T .1302(4)
Proposed Language for Readoption
“Bulk animal waste residuals” shall mean animal waste residuals that are transported and not sold or given away in a bag or other container for application to the land.
Public Comments
1. “The definition and usage of “Bulk residuals” must be retained for clarity and consistency with federal requirements (02T .1102 and other sections). NCWQA appreciates the Department’s efforts to simplify the rules applicable to residuals management. However, the NCWQA strongly renews its request that the Department retain the definition and usage of “bulk residuals.” The deletion of “bulk residuals” and reliance on the categories “Class A” and “Class
B” will result in uncertainty and inconsistencies with federal law. Under the federal regulations, biosolids must comply with pollutant limits, pathogen reduction requirements, and vector attraction reduction requirements, and, depending on the treatment provided, may be required to comply with various management requirements. The
manner by which biosolids are distributed (bulk or bagged) determines in part which requirements are applicable. Here’s a brief summary of federal framework…” – F. Paul Calamita, North Carolina Water Quality Association
2. “Bulk animal waste residuals” shall mean animal waste residuals that are transported for application to the land,
but which are not sold or given away in a bag or other container. – NCDA&CS
Hearing Officer Response
Based upon revisions to 15A NCAC 02T .1310, the term “bulk animal waste residuals” has been eliminated.
Revised Language for Readoption
“Bulk animal waste residuals” shall mean animal waste residuals that are transported and not sold or given away in a bag or other container for application to the land.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 91 of 525
15A NCAC 02T .1302(5)
Proposed Language for Readoption
"Expanded animal waste management system" means animal waste treatment and storage facilities which require an increase over the existing animal waste design treatment and storage capacity due to an increase in the permitted steady state live weight at the feedlot.
Public Comments
1. Suggested revision: “Expanded animal waste management system” means an increase in the permitted steady state live weight associated with an existing animal waste management system. – NCDA&CS
Hearing Officer Response
Hearing Officers recommend changing the proposed rule from "at the feedlot" to "associated with the existing animal waste management system" for clarity regarding the number of animals contributing to the animal waste
management system.
Revised Language for Readoption
"Expanded animal waste management system" means animal waste treatment and storage facilities which require an increase over the existing animal waste design treatment and storage capacity due to an increase in the permitted steady
state live weight at the feedlot associated with the animal waste management system.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 92 of 525
15A NCAC 02T .1302(6)(H)
Proposed Language for Readoption
The inactive animal waste management system 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.
Public Comments
1. Please clarify: Does the above mean that both “expenditure of public funds” AND one of the other conditions listed needed to have occurred, or is the “public funds” part supposed to be part of the longer list? As it currently reads, both have to have occurred, but it is a bit ambiguous. – D. Rashash
Hearing Officer Response
The language is a direct quote from the Session Law 2015-263. In reading the full section of the law, the intent is such that any of the items in .1302(6)(H) (closed using public funds OR closed pursuant to a settlement agreement, court order, cost share agreement, or grant condition) would prevent a facility that has been depopulated more than five but less than ten years from being allowed to repopulate as an existing facility.
Based on this, the Hearing Officers do not recommend any modification to the proposed rule.
Revised Language for Readoption
No revisions are recommended.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 93 of 525
15A NCAC 02T .1303
Proposed Language for Readoption
(a) The following systems are deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets thecriteria in Rule .0113 of this Subchapter and all criteria required for the specific system in 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 mentioned in this Section. Section if;(A)the waste is land applied at no greater than agronomic rates to land owned by the waste generatoror under the waste generators authority, authority; agronomic rates must be met.(B)the storage and land application of waste is not closer than 100 feet of a well;(C)animal waste is not applied on land that is flooded, saturated with water, frozen, or snow coveredat the time of land application; and (D)no animal waste is land applied during precipitation events.(2)Poultry operations which use a dry litter system with more than 30,000 birds and that do not meet thecriteria specified in Rule .1305 of this Subchapter if:(A)records are maintained for a minimum of three years which include the dates the litter wasremoved, the estimated amount of litter removed and the location of the sites where the litter wasland applied by the poultry operation;(B)the waste is applied at no greater than agronomic rates;(C)a vegetative buffer (separation) of at least 25 feet is maintained from a perennial stream or
perennial waterbody for land application sites; (D)land application of litter is not closer than 100 feet from a well;(C)(E) litter is stockpiled not closer than 100 feet from a perennial stream stream, or perennial waterbody;
waterbody, or well; (D)(F) litter is not stockpiled uncovered for greater than 15 days; and (G)animal waste is not applied on land that is flooded, saturated with water, frozen, or snow covered
at the time of land application; (H)no animal waste is land applied during precipitation events; and(E)(I) if a manure hauler is used, records must be maintained of the dates the litter was removed, the estimated amount of litter removed, and name, address and phone number of the manure hauler. (3)Land application sites under separate ownership from the waste generator, receiving animal waste fromanimal waste management systems which are deemed permitted, when all the following conditions aremet:(A)the waste is applied at no greater than agronomic rates; and(B)the storage and land application of animal waste is not closer than 100 feet from a well;(B)(C) a vegetative buffer (separation) of at least 25 feet is maintained from a perennial stream or perennial waterbody.waterbody;
(D)animal waste is not applied on land that is flooded, saturated with water, frozen, or snow coveredat 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 accordance with this Rule and Rule.0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter.
Public Comments
Environmental Justice
1.Should require equity analysis before permitting. – A. Buansi
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 94 of 525
Monitoring and Reporting
2.Incorporate annual surface water quality monitoring and reporting as a condition for being deemed permittedunder .1303. – Duke Env. Law el. al.
Public Notice
3.If a land application of bulk animal waste is to be permitted, neighbors must be given the same notice andopportunity for comment by DWR as is provided for the application of other bulk residuals (2T.1310). – L.Baldwin
Poultry Should Not Be Deemed
4.Dry litter poultry that is deemed permitted initially can be required to get a permit if violations occur. Permittingis needed to better determine violations. – W. Hendrick
5.Poultry farms waste has run-off after rains, and litter dust does not evaporate. It should be reclassified andmonitored. – C. Troxler
6.It is unthinkable that poultry CAFOs, which are the largest and fastest growing contributor of nutrients fromanimal waste across the state should be considered deemed permitted with nothing other than a building permitbeing required to construct barns housing up to 22,000 birds per barn. These CAFOs should have setbacks,location considerations and waste management practices before a permit is issued. – L. Baldwin
7.Poultry should not be deemed permitted. DWR should consider location and waste management practices whenpermitting a CAFO. Permits should include cost effective surface water quality monitoring informed by the
holder’s compliance record. – P. Sundie
8.Poultry farm waste, pollution and the odor caused by the chickens DESTROYS the quality of the environmentand the quality of home-life of other rural, non-farming residents! As the agency that COULD bring statewide
public attention to this horrible abuse to the environment and to the public, please HELP stop what is ruiningour one and only life on this planet caused by the greed of this industry and the failure of those elected inRaleigh to stand-up for the people and for what is right. – M. Wycoff
General Comments
9.Waterkeepers welcome the additions to these rules that codify long-standing permit conditions, as they provideclear guidance to North Carolina's AWMS operators and will help prevent waste discharge or nutrient runoffinto surface and groundwater resources. – Duke Env. Law el. al.
Hearing Officer Response
Environmental Justice – See Hearing Officers’ Response to Environmental Justice comments addressed for the full 15A NCAC 02T .1300 Section.
Monitoring and Reporting – See Hearing Officers’ Response to Monitoring and Reporting comments addressed for the full 15A NCAC 02T .1300 Section.
Public Notice – See Hearing Officers’ Response to Public Notice and Transparency comments addressed for the
full 15A NCAC 02T .1300 Section.
Poultry Should Not be Deemed – See Hearing Officers’ Response to Permit Dry Litter Poultry comments addressed for the full 15A NCAC 02T .1300 Section.
The Hearing Officers recommend making a technical correction to setbacks from wells to include the phrase “other than a monitoring well”
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 95 of 525
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 96 of 524
Revised Language for Readoption
(a) The following systems are 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 in 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 mentioned in this Section. 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 generators authority, generator’s authority; agronomic rates must be met. (B) the storage and land application of animal waste is not no closer than 100 feet of 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 which 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 a minimum of three years which 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 (separation) of at least 25 feet is maintained from a perennial stream or
perennial waterbody for land application sites; (D) land application of litter is not no closer than 100 feet from a well, other than a monitoring well; (C)(E) litter is stockpiled not no closer than 100 feet from a perennial stream stream, or perennial
waterbody; waterbody, or well, other than a monitoring well; (D)(F) litter is not stockpiled uncovered for greater than 15 days; and (G) litter animal waste is not applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application; (H) no animal waste litter is land applied during precipitation events; and (E)(I) if a manure hauler is used, records must be maintained of the dates the litter was removed, the
estimated amount of litter removed, and name, address and phone number of the manure hauler. (3) Land application sites under separate ownership from the waste generator, receiving animal waste from animal waste management systems which are deemed permitted, when all the following conditions are met: (A) the waste is applied at no greater than agronomic rates; and (B) the storage and land application of animal waste is not no closer than 100 feet from a well, other than a monitoring well; (B)(C) a vegetative buffer (separation) of at least 25 feet is maintained from a perennial stream or perennial waterbody.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 accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 96 of 525
15A NCAC 02T .1303(a)(1)
Proposed Language for Readoption
(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 mentioned in this Section. Section if; (A) the waste is land applied at no greater than agronomic rates to land owned by the waste generator or
under the waste generators authority, authority; agronomic rates must be met. (B) the storage and land application of waste is not closer than 100 feet of a 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.
Public Comments
1. Change “generators” to “generator’s” – NCDA&CS
2. Modify deemed-permitted criteria for land application of animal waste from: "animal waste is not applied on land that is flooded, saturated with water, frozen, or snow covered at the time of land application; and no animal waste is land applied during precipitation events" to animal waste is not applied in a manner resulting in a discharge to
waters of the state. The rephrasing provides small, deemed-permitted, waste system operators with management options without violating water quality standards. – NCDA&CS
Hearing Officer Response
1. The Hearing Officers agree with the editorial correction to 02T .1303(a)(1)(A) and recommend updating the language. 2. 02T .1303(a)(1)(C) codifies in rule long standing permit language. Proper operation and management practices
are protective of public health and environmental quality. The Hearing Officers do not recommend further modification of this rule.
Revised Language for Readoption
(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 mentioned in this Section. Section if; (A) the waste is land applied at no greater than agronomic rates to land owned by the waste generator or under the waste generators generator’s authority, authority; agronomic rates must be met.
(B) the storage and land application of waste is not no closer than 100 feet of 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.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 97 of 525
15A NCAC 02T .1303(a)(2)
Proposed Language for Readoption
(2) Poultry operations which 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 a minimum of three years which 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 (separation) of at least 25 feet is maintained from a perennial stream or perennial waterbody for land application sites; (D) land application of litter is not closer than 100 feet from a well; (C)(E) litter is stockpiled not closer than 100 feet from a perennial stream stream, or perennial waterbody; waterbody, or well; (D)(F) litter is not stockpiled uncovered for greater than 15 days; and (G) animal waste is not applied on land that is flooded, saturated with water, frozen, or snow covered at the time of land application; (H) no animal waste is land applied during precipitation events; and (E)(I) if a manure hauler is used, records must be maintained of the dates the litter was removed, the estimated amount of litter removed, and name, address and phone number of the manure hauler.
Public Comments
1. This rule requires that litter is not stockpiled uncovered for greater than 15 days while 15A NCAC 02T .1403 (a)(2)(B) requires that animal waste is not stockpiled uncovered for greater than 15 days. It is our understanding that both rules are intended for poultry litter. The language in rule .1403 (a)(2)(B) is somewhat ambiguous. We recommend for consistency that the language in these two rules be revised to be consistent with each other. – NCDA&CS
2. "...we are gravely concerned by the proposal to retain the “deemed permitted” status for dry litter poultry
operations and urge the EMC to close the loophole through which so many contributions to water pollution currently pass." the poultry industry has expanded significantly in North Carolina, and poultry operations are now the largest and fastest growing source of nutrients from animal agriculture in North Carolina. Yet, because DWR does not require a permit, “the locations of dry litter poultry operations and the disposal of their waste are not known to environmental regulators, making it difficult to form a complete picture of possible non-point source contributions within a specific watershed. – Amer. Rivers et.al.
Hearing Officer Response
Manure Haulers are not limited to the transport and land applications of poultry litter. Manure Hauler rules apply to any animal waste product, including but not limited to dairy/cattle waste, dewatered swine sludge, and poultry litter. However, rule 15A NCAC 02T .1303(a)(2) is specific to dry litter poultry operations. The Hearing Officers do not recommend making changes to the term “litter” in this rule or to the term “animal waste” in 15A NCAC 02T Section .1400. The Hearing Officers recommend adding a definition of “litter” to Rule .0103 of this Subchapter as follows: “Litter” means the combination of bedding material, poultry excreta, feathers, spilled feed, spilled water,
and soil.
Deemed Status – See Hearing Officers’ Response to Permit Dry Litter Poultry comments addressed for the full 15A NCAC 02T .1300 Section.

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Revised Language for Readoption
(2) Poultry operations which 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 a minimum of three years which 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 litter waste is applied at no greater than agronomic rates; (C) a vegetative buffer (separation) of at least 25 feet is maintained from a perennial stream or perennial
waterbody for land application sites; (D) land application of animal waste litter is not no closer than 100 feet from a well, other than a monitoring well;
(C)(E) litter is stockpiled not closer than 100 feet from a perennial stream stream, or perennial waterbody; waterbody, or well, other than a monitoring well; (D)(F) litter is not stockpiled uncovered for greater than 15 days; and
(G) animal waste litter is not applied on land that is flooded, saturated with water, frozen, or snow covered at the time of land application; (H) no animal waste litter is land applied during precipitation events; and (E)(I) if a manure hauler is used, records must be maintained of the dates the litter was removed, the estimated amount of litter removed, and name, address and phone number of the manure hauler.
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15A NCAC 02T .1303(a)(3)
Proposed Language for Readoption
(3) Land application sites under separate ownership from the waste generator, receiving animal waste from animal waste management systems which are deemed permitted, when all the following conditions are met: (A) the waste is applied at no greater than agronomic rates; and
(B) the storage and land application of animal waste is not closer than 100 feet from a well; (B)(C) a vegetative buffer (separation) of at least 25 feet is maintained from a perennial stream or perennial waterbody. 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.
Public Comments – General Comments
1. Modify deemed-permitted criteria for land application of animal waste from: "animal waste is not applied on land that is flooded, saturated with water, frozen, or snow covered at the time of land application; and no animal waste is land applied during precipitation events" to animal waste is not applied in a manner resulting in a
discharge to waters of the state. The rephrasing provides small, deemed-permitted, waste system operators with management options without violating water quality standards. – NCDA&CS
2. Proposed Language: Land application sites receiving animal waste from deemed permitted animal waste management systems under separate ownership from the waste generator when all the following conditions are met: – NCDA&CS
Hearing Officer Response
1. 02T .1303(a)(3)(D) codified in rule language that prohibition of practices that represent a high risk of discharge of
waste to waters of the state. The language is consistent with long standing permit language being codified in 02T .1304 and .1305. Proper operation and management practices are protective of public health and environmental quality. The Hearing Officers do not recommend further modification of this rule. 2. Hearing Officers believe the current language is appropriate, and the proposed language change is not necessary.
Revised Language for Readoption
(3) Land application sites under separate ownership from the waste generator, receiving animal waste from animal
waste management systems which are deemed permitted, when all the following conditions are met: (A) the waste is applied at no greater than agronomic rates; and (B) the storage and land application of animal waste is not no closer than 100 feet from a well, other than
a monitoring well; (B)(C) a vegetative buffer (separation) of at least 25 feet is maintained from a perennial stream or perennial waterbody. 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.
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15A NCAC 02T .1304
Proposed Language for Readoption
(a) This rule applies 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 under Rule .1305. (b) An animal waste management plan shall be submitted as follows:
(1) The animal waste management practices or combination of practices which are selected to comprise a plan for a specific facility must meet NRCS standards, or the standard of practices adopted by the Soil and Water Conservation Commission pursuant to 15A NCAC 06F .0104, 02 NCAC 59E .0104, or standards for any combination of practices which provide water quality protection and are approved by one 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 are not incorporated as part of this rule. (2) As required by G.S. 143-215.10C, plans must be approved by a technical specialist and the certificate must 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. The technical specialist must certify that the best management practices that comprise the plan meet the applicable standards and specifications. (5)(3) The waste shall not be applied at greater than agronomic rates. (3)(4) The land application and siting setbacks must meet the applicable conditions established in G.S. 106-803 and NRCS standards at the time of site construction or at the time the land application site is first put into use.
(5) Notwithstanding Rule .1304(b)(4) of this Section, land application of waste shall be no closer than 100 feet from a well and no closer than 200 feet from a dwelling not owned by the waste generator at the time the land application site is first put into use.
(6) Notwithstanding Rule .1304(b)(4) of this Section, a vegetative buffer (separation) 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 is prohibited during precipitation events. (9) All waste application equipment must be tested and calibrated at least once every two calendar years, and the results must be documented on forms supplied by or approved by the Division as providing the same information as required by the Division’s forms. (10) Highly 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. (4)(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. (6)(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) For each change of ownership of the system, the new owner must notify the Division in writing within 60 days of
transfer of ownership. (d) New and expanding swine facilities must demonstrate compliance with Rule .1307 of this Section prior to receiving a permit from the Division.

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Public Comments Monitoring and Reporting
1. Wastewater from industrialized livestock and poultry farms goes into lakes, wetlands, rivers and other streams. They need monitoring and enforcement as surface and groundwater. – C. Troxler
2. Incorporate annual surface water quality monitoring and reporting as a permitting requirement under .1304 and .1305. Waterkeepers urges the commission to expand the permitting requirements under .1304 and .1305 to include annual surface water quality monitoring of adjacent surface water bodies as a mandatory component of an animal waste management plan and permit coverage. – Duke Env. Law el. al.
3. Cost-effective surface water quality monitoring obligations, developed as a result of, and responsive to, a permittee’s compliance record, should be included in a CAFO permit. – L. Baldwin
Public Notice
4. If a land application of bulk animal waste is to be permitted, neighbors must be given the same notice and opportunity for comment by DWR as is provided for the application of other bulk residuals (2T.1310). – L. Baldwin
Environmental Justice
5. Rule should require an equity analysis as a condition of permitting to determine if an operation will disproportionately impact residents on the basis of race or ethnicity. If impacts exist, then revised rules should require that the permittee implement mitigation measures to remedy the discriminatory impact. The equity analysis should include consideration of cumulative impacts from other nearby operations, and proximity of vulnerable populations. – Haddix et.al.
General Comments
6. Add “other than a monitoring well” to the setbacks of 100 feet from a well – DWR
7. Waterkeepers welcome the additions to these rules that codify long-standing permit conditions, as they provide clear guidance to North Carolina's AWMS operators and will help prevent waste discharge or nutrient runoff into surface and groundwater resources. – Duke Env. Law el. al.
Hearing Officer Response
Monitoring and Reporting – See Hearing Officers’ Response to Monitoring and Reporting comments addressed for the full 15A NCAC 02T .1300 Section.
Public Notice – See Hearing Officers’ Response to Public Notice and Transparency comments addressed for the full 15A NCAC 02T .1300 Section.
Environmental Justice – See Hearing Officers’ Response to Environmental Justice comments addressed for the full 15A NCAC 02T .1300 Section.
The Hearing Officers recommend making a technical correction to setbacks from wells to include the phrase “other than a monitoring well” as well as revisions due to comments for 15A NCAC 02T .1304(b)(5) below.

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Revised Language for Readoption
(a) This rule applies 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 under Rule .1305. (b) An animal waste management plan shall be submitted as follows: (1) The animal waste management practices or combination of practices which are selected to comprise a plan for a specific facility must meet NRCS standards, or the standard of practices adopted by the Soil and Water Conservation Commission pursuant to 15A NCAC 06F .0104, 02 NCAC 59E .0104, or standards for any combination of practices which provide water quality protection and are approved by one 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 are not incorporated as part of this rule. (2) As required by G.S. 143-215.10C, plans must be approved by a technical specialist and the certificate must
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. The technical specialist must certify that the best management practices that comprise the plan meet the applicable standards and specifications.
(5)(3) The waste shall not be applied at greater than agronomic rates. (3)(4) The land application and siting setbacks must meet the applicable conditions established in G.S. 106-803 and NRCS standards at the time of site construction or at the time the land application site is first put into use. (5) Notwithstanding Rule .1304Subparagraph (b)(4) of this Section 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 the land application site is first put into use. 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) Notwithstanding Rule .1304(b)(4) of this Section, a vegetative buffer (separation) 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 is prohibited during precipitation events.
(9) All waste application equipment must be tested and calibrated at least once every two calendar years, and the results must be documented on forms supplied by or approved by the Division as providing the same information as required by the Division’s forms.
(10) Highly 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.
(4)(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. (6)(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) For each change of ownership of the system, the new owner must notify the Division in writing within 60 days of transfer of ownership. (d) New and expanding swine facilities must demonstrate compliance with Rule .1307 of this Section prior to receiving a
permit from the Division.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 103 of 525
15A NCAC 02T .1304(b)(5)
Proposed Language for Readoption
Notwithstanding Rule .1304(b)(4) of this Section, land application of waste shall be no closer than 100 feet from a well and no closer than 200 feet from a dwelling not owned by the waste generator at the time the land application site is first put into use.
Public Comments – Setbacks
1. The right to have protection from pollution from swine CAFOs waste disposal fields should not depend upon on whether property is leased or owned. Setbacks must apply if the permittee leases neighboring property to another. – L. Baldwin
2. Haywood County Farm Bureau Board of Directors would like to see the current 200-foot setback rule for spreading livestock manure reduced to better accommodate livestock producers in Western North Carolina. With the size of our small fields and current population density it is difficult to find adequate disposal locations. If this rule was changed to match the distance from streams it would be appreciated by beef and dairy producers in Western North Carolina. – Haywood Co. FB
3. Many dairy operations, have smaller fields, and fewer land application options due to slope, water features, and population growth. NCFB requests that the rule be revised to allow for setback waiver from the owner of the neighbor dwelling. Setbacks waivers are currently allowed in other non-discharge programs except residuals. – Farm Bureau
4. Should allow reduction in setback from dwelling with a signed waiver from the property owner. – NCDA&CS
Hearing Officer Response
All swine operations were permitted while NC NRCS Standard 633 – Waste Utilization was in effect. Standard 633 stated, “Manure or organic waste will not be applied within 200 feet of a dwelling other than that owned by the producer. However, application within 200 feet of a dwelling is allowed if a home is constructed within 200 feet of any waste application spray field that is in a current plan.” The Hearing Officers feel that to retroactively implement additional requirements based upon tenancy could result in operational loss.
Setback waivers were established for swine barn, lagoon, and land application area setbacks in G.S. 106-803. The Hearing Officers recommend that setback waiver allowances be included in 02T .1304(b)(5) to be consistent with G.S. 106-803 and other non-discharge systems subject to 15A NCAC 02T.
Revised Language for Readoption
Notwithstanding Rule .1304 Subparagraph (b)(4) of this Section 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 the land application site is first put into use. 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.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 104 of 525
15A NCAC 02T .1305
Proposed Language for Readoption
(a) This Rule applies to animal waste management systems subject to regulation under G.S. 143-215.10C and 40 CFR § 122.2340 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/. and G.S. 143-215.10C.
(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 which are selected to comprise a plan for a specific facility must meet NRCS standards, or the standard of practices adopted by the Soil and Water Conservation Commission pursuant to 15A NCAC 06F .0104, 02 NCAC 59E .0104, or standards for any combination of practices which 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) As required by G.S. 143-215.10C, plans must be approved by a technical specialist and the certificate must 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. The technical specialist must certify that the best management practices that comprise the plan meet the applicable standards and specifications. (5)(3) The waste shall not be applied at greater than agronomic rates. (3)(4) The land application and siting setbacks must meet the applicable conditions established in G.S. 106-803, and NRCS standards and 40 CFR Part 412 at the time of site construction or at the time the land application
site is first put into use. (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 Section, land application of waste shall be no closer than 100 feet from a well and no closer than 200 feet from a dwelling not owned by the waste generator at the time the land application site is first put into use.
(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 is prohibited during precipitation events. (9) All waste application equipment must be tested and calibrated at least once every calendar year, and the results must be documented on forms supplied by or approved by the Division as providing the same information as required by the Division’s forms. (10) Highly 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. (4)(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.
(6)(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 which are selected to comprise a plan for a specific facility must meet NRCS standards, or the standard of practices adopted by the Soil and Water Conservation Commission, or standards for any combination of practices which provide water
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 105 of 525
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 must 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 Section, land application of waste shall be no closer than 100 feet from a well and no closer than 200 feet from a dwelling not owned by the waste generator. (6) The waste shall not be applied on land that is flooded, saturated with water, frozen, or snow covered at the time of land application. (7) Land application of waste is prohibited during precipitation events. (8) All waste application equipment must be tested and calibrated at least once every calendar year, and the results must be documented on forms supplied by or approved by the Division as providing the same information as required by the Division’s forms. (9) Highly 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.
(5)(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 must be issued before the additional animals are stocked.
(d) For each change of ownership of the system, the new owner must 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 must demonstrate compliance with Rule .1307 of this Section prior to receiving a permit from the Division.
Public Comments
Monitoring and Reporting
1. Incorporate annual surface water quality monitoring and reporting as a permitting requirement under .1304 and .1305. Waterkeepers urges the commission to expand the permitting requirements under .1304 and .1305 to include annual surface water quality monitoring of adjacent surface water bodies as a mandatory component of an animal
waste management plan and permit coverage. – Duke Env. Law el. al.
2. Cost-effective surface water quality monitoring obligations, developed as a result of, and responsive to, a permittee’s compliance record, should be included in a CAFO permit. – L. Baldwin
3. Wastewater from industrialized livestock and poultry farms goes into lakes, wetlands, rivers and other streams. They need monitoring and enforcement as surface and groundwater. – C. Troxler
Public Notice
4. If a land application of bulk animal waste is to be permitted, neighbors must be given the same notice and opportunity for comment by DWR as is provided for the application of other bulk residuals (2T.1310). – L. Baldwin
5. Add “other than a monitoring well” to the setbacks of 100 feet from a well – DWR
General Comments
6. Waterkeepers welcome the additions to these rules that codify long-standing permit conditions, as they provide clear guidance to North Carolina's AWMS operators and will help prevent waste discharge or nutrient runoff into
surface and groundwater resources. – Duke Env. Law el. al.
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 106 of 525
Hearing Officer Response
Monitoring and Reporting – See Hearing Officers’ Response to Monitoring and Reporting comments addressed for the full 15A NCAC 02T .1300 Section.
Public Notice – See Hearing Officers’ Response to Public Notice and Transparency comments addressed for the full 15A NCAC 02T .1300 Section.
The Hearing Officers recommend making a technical correction to setbacks from wells to include the phrase “other than a monitoring well” as well as revisions due to comments for 15A NCAC 02T .1305(b)(6) and .1305(c)(5) below.
Revised Language for Readoption
(a) This Rule applies to animal waste management systems subject to regulation under G.S. 143-215.10C and 40 CFR § 122.2340 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/. and G.S. 143-215.10C. (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 which are selected to comprise a plan for a specific facility must meet NRCS standards, or the standard of practices adopted by the Soil and Water Conservation Commission pursuant to 15A NCAC 06F .0104, 02 NCAC 59E .0104, or standards for any combination of practices which 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) As required by G.S. 143-215.10C, plans must be approved by a technical specialist and the certificate must 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. The technical specialist must certify that the best management practices that comprise the plan meet the applicable standards and specifications. (5)(3) The waste shall not be applied at greater than agronomic rates.
(3)(4) The land application and siting setbacks must meet the applicable conditions established in G.S. 106-803, and NRCS standards and 40 CFR Part 412 at the time of site construction or at the time the land application site is first put into use. (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 Section 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 the land application site is first put into use. 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. (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 is prohibited during precipitation events. (9) All waste application equipment must be tested and calibrated at least once every calendar year, and the
results must be documented on forms supplied by or approved by the Division as providing the same information as required by the Division’s forms. (10) Highly 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. (4)(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
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 107 of 525
be maintained because of the concentration of animals, with the exception of stock trails and stream
crossings. (6)(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 which are selected to comprise a plan for a specific facility must meet NRCS standards, or the standard of practices adopted by the Soil and Water Conservation Commission, or standards for any combination of practices which 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 must 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 Section Rule, land application of waste 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 the land application site is first put into use. 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 litter shall not be applied on land that is flooded, saturated with water, frozen, or snow covered at the time of land application.
(7) Land application of waste litter is prohibited during precipitation events. (8) All waste application equipment must be tested and calibrated at least once every calendar year, and the results must be documented on forms supplied by or approved by the Division as providing the same information as required by the Division’s forms. (9) Highly 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. (5)(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 must be issued before the additional animals are stocked. (d) For each change of ownership of the system, the new owner must 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 must demonstrate compliance with Rule .1307 of this Section prior to receiving a
permit from the Division.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 108 of 525
15A NCAC 02T .1305(b)(6)
Proposed Language for Readoption
Notwithstanding Subparagraph (b)(4) of this Section, land application of waste shall be no closer than 100 feet from a well and no closer than 200 feet from a dwelling not owned by the waste generator at the time the land application site is first put into use.
Public Comments
1. The right to have protection from pollution from swine CAFOs waste disposal fields should not depend upon on whether property is leased or owned. Setbacks must apply if the permittee leases neighboring property to another. – L. Baldwin
2. Many dairy operations, have smaller fields, and fewer land application options due to slope, water features, and population growth. NCFB requests that the rule be revised to allow for setback waiver from the owner of the neighbor dwelling. Setbacks waivers are currently allowed in other non-discharge programs. – Farm Bureau
3. Should allow reduction in setback from dwelling with a signed waiver from the property owner. – NCDA&CS
4. Add “other than a monitoring well” to the setbacks of 100 feet from a well – DWR
Hearing Officer Response
All swine operations were permitted while NC NRCS Standard 633 – Waste Utilization was in effect. Standard 633 stated, “Manure or organic waste will not be applied within 200 feet of a dwelling other than that owned by the producer. However, application within 200 feet of a dwelling is allowed if a home is constructed within 200 feet of any waste application spray field that is in a current plan.” The Hearing Officers feel that to retroactively implement additional requirements based upon tenancy could result in operational loss.
Setback waivers were established for swine barn, lagoon, and land application area setbacks in G.S. 106-803. The Hearing Officers recommend that setback waiver allowances be included in 02T .1305(b)(6) to be consistent with G.S. 106-803 and other non-discharge systems subject to 15A NCAC 02T.
The Hearing Officers recommend making a technical correction to setbacks from wells to include the phrase “other than a monitoring well”.
Revised Language for Readoption
Notwithstanding Subparagraph (b)(4) of this Section 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 the land application site is first put into use. 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.
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15A NCAC 02T .1305(c)(5)
Proposed Language for Readoption
Notwithstanding Subparagraph (c)(2) of this Section, land application of waste shall be no closer than 100 feet from a well and no closer than 200 feet from a dwelling not owned by the waste generator.
Public Comments – Waiver
1. Should allow reduction in setback from dwelling with a signed waiver from the property owner. – NCDA&CS
2. Add “other than a monitoring well” to the setbacks of 100 feet from a well – DWR
Hearing Officer Response
The Hearing Officers recommend that setback waiver allowances be included in 02T .1305(b)(6) to be consistent with other non-discharge systems subject to 15A NCAC 02T. The Hearing Officers also recommend making a technical correction to setbacks from wells to include the phrase “other than a monitoring well”.
Revised Language for Readoption
Notwithstanding Subparagraph (c)(2) of this Section Rule, land application of waste 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 the land application site is first put into use.
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.
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15A NCAC 02T .1307
Proposed Language for Readoption
(a) This Rule applies to animal waste management systems subject to regulation under G.S. 143-215.10I. G.S. 143-215. 10I and S.L. 2015-263. (b) An animal waste management system that serves a swine farm subject to regulation under 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 must 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) must include all components as listed in G.S. 143-215.10C(e) and meet current NRCS standards for a Comprehensive Nutrient Management Plan (CNMP) as defined by Part 600600, Subpart E of the NRCS National Planning Procedures Handbook, which are hereby incorporated by reference, including any subsequent additions or amendments. The handbook may be downloaded at no cost from the NRCS website: http://www.nrcs.usda.gov/technica l/afo/cnmp_guide_index.html http://www.nrcs.usda.gov/wps/portal/nrcs/site/national/home/ (D) Swine waste treatment structures that automatically convey swine waste using pumps must 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. (E) No more than the equivalent volume of one month of design flow 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 structures may 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 must 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 must 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 in Rule .1107 of this Subchapter for the land application of separated solids and animal waste residuals. (B) Swine waste management systems shall meet the pathogen reduction requirements in Rule .1106
of this Subchapter for Class A biosolids that are to be land applied pursuant to Rule .1106(a)(1) or for Class B biosolids that are to be otherwise applied to land. (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:
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 111 of 525
(A) Meet the current NRCS requirements for a Comprehensive Nutrient Management Plan (CNMP)
as defined by Part 600, Subpart E 600 of the NRCS National Planning Procedures Handbook; 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 under 15A
NCAC 02L.
Public Comments:
1. According to email from Sam Sampath of Region 4 EPA, "Manure derived products are not covered under 40 CFR Part 503. Sewage Sludge is regulated under 503, the definition of which doesn't include animal waste." These regulations may wish to refrain from using language that mentions Class A and its standards as it should not be required to meet the performance requirements of 02T .1100 which were patterned after the 40 CFR Part 503. – R. Branch
2. In 02T .1307(b)(4), DEQ needs to specify Class A treatment standards. Per Sam Sampath, EPA Region 4, manure derived products are not subject to 40 CFR 503, so this is not applicable to animal waste rules. – R. Branch
Hearing Officer Response
Rule .1307 established the performance standard criteria that a new/expanding swine operation subject to G.S. 143-215.10I must satisfy to be permitted. This rule is not specific to animal waste residuals, and the reference to 02T .1100 Section is to eliminate repetition of language only.
Revised Language for Readoption
(a) This Rule applies to animal waste management systems subject to regulation under G.S. 143-215.10I. G.S. 143-215. 10I and S.L. 2015-263.
(b) An animal waste management system that serves a swine farm subject to regulation under 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 must 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) must include all components as listed in G.S. 143-215.10C(e) and meet current North Carolina NRCS 590 Nutrient Management Conservation Practice Standard requirements standards for a and comply with the NRCS national policy for Comprehensive Nutrient Management Plans (CNMP) as defined by Part 600600, Subpart E of the NRCS General Manual, Title 190, Part 405National Planning Procedures Handbook, which are hereby incorporated by reference, including any subsequent additions or amendments. The handbook may be downloaded at no cost from the NRCS website: http://www.nrcs.usda.gov/technica l/afo/cnmp_guide_index.html
http://www.nrcs.usda.gov/wps/portal/nrcs/site/national/home/ (D) Swine waste treatment structures that automatically convey swine waste using pumps must 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. (E) No more than the equivalent volume of one month of design flow 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:
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(A) Combined ammonia emissions from swine waste treatment and storage structures may 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 must 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 must 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 in 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 in Rule .1106(a) of this Subchapter for Class A biosolids that are to be land applied to a lawn, home garden, or public contact use site or sold or given away in a bag or container for land application, pursuant to
Rule .1106(a)(1) or meet the pathogen reduction requirements in Rule .1106(b) for Class B biosolids that are to be otherwise applied to land. (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 for a and comply with the NRCS national policy for Comprehensive Nutrient Management Plans (CNMP) as defined by Part 600, Subpart E 600 of the NRCS National Planning Procedures Handbook 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 under 15A NCAC 02L
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15A NCAC 02T .1308(d)
Proposed Language for Readoption
(d) MONITORING REQUIREMENTS: Once the newly permitted system reaches full capacity or within six months, 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 is compliant 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 having sampling 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 having sampling during the summer and winter seasons. (3) Effluent monitoring shall be at a minimum of once per quarter.
Public Comments
1. Incorporate surface water quality monitoring and reporting requirements into Section .1308(d). The rule should be modified to include quarterly surface water quality monitoring from the time the new system reaches full capacity
or within six months, whichever is first, and should last for two years. If after two years of quarterly monitoring, the surface water quality samples indicate that the system is compliant with section .1307(b)(1) and .1307(b)(5), then the permittees would have reduced monitoring obligations and merely be required to conduct annual surface water quality monitoring. – Duke Env. Law el. al.
Hearing Officer Response
Rule .1308(d) is the specific rule that requires monitoring and reporting of data to verify that the Swine Waste Management System Performance Standards for new and expanding swine facilities found in 15A NCAC 02T .1307
and 15A NCAC 02D .1808 are met. These requirements are specifically established by G.S. 143-215.10I.
See Hearing Officers’ Response to Monitoring and Reporting comments addressed for the full 15A NCAC 02T .1300 Section.
Revised Language for Readoption
No revisions to the proposed language.
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15A NCAC 02T .1309(a)
Proposed Language for Readoption
This Rule applies to existing 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.
Public Comments-editorial
1. “This Rule applies to existing swine animal waste management systems…”. – NCDA&CS
Hearing Officer Response
The Hearing Officers agree with this comment and recommend adding the word “swine” for clarity in that this rule only applies to swine operations.
Revised Language for Readoption
This Rule applies 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.
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15A NCAC 02T .1310
Proposed Language for Readoption
(a) This Rule applies 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. Not regulated under this Rule is 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, Rule .1307, or Rule .1403 of this Section; (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; and (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 (i.e., dry weight basis). (b) For new and modified sources of animal waste residuals, the application shall submit a permit application in writing to
the Division that includes the following: (1) Site maps shall be provided to the Division by the applicant 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 may include all pollutants identified in Paragraph (c) in this Rule, nutrients and micronutrients, and proof of compliance with pathogen and vector requirements in Paragraphs (f) and (g) of this Rule if applicable;. (3) A sampling/monitoring plan that describes how compliance with Paragraphs (c), (f), and (g) of this Rule if applicable shall be provided to the Division by the applicant; (4) A marketability statement detailing destinations and approximate amounts of the final product to be distributed; and (5) A copy of the label/information sheet that complies with Paragraph (h) of this Rule. (c) Bulk 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 ceiling concentration for that pollutant as stipulated in the following (i.e., 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
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Zinc 7,500
(d) Bulk 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 concentration for that pollutant as stipulated in the following (i.e., 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 (e) The Class A pathogen requirements shall be met when bulk animal waste residuals are 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. (f) For animal waste residuals to be classified as Class A with respect to pathogens, the requirements of Rule .1106(b) of
this Subchapter shall be met. (g) Animal waste residuals shall not 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 unless the requirements of one of the vector attraction reduction
alternatives have been met. The vector attraction reduction alternatives shall be as follows: (1) 38-Percent Volatile Solids Reduction. The mass of the volatile solids in the animal waste residuals shall be reduced by a minimum of 38 percent between the time that the animal waste residuals enter the digestion
process and the time it is land applied. (2) 40-Day Bench Scale Test. A portion of previously anaerobically-digested animal waste 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 animal waste residuals shall be reduced by less than 17 percent as measured from the beginning to the end of the test. (3) 30-Day Bench Scale Test. A portion of previously aerobically-digested animal waste 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 animal waste 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 animal waste 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 animal waste 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 (i.e., dry weight basis) corrected to a temperature of 20 degrees Celsius.
(5) 14-Day Aerobic Processes. The animal waste residuals shall be treated in an aerobic process for 14 days or longer. During that time the temperature of the animal waste residuals shall be higher than 40 degrees Celsius, and the average temperature of the animal waste residuals shall be higher than 45 degrees Celsius.
(6) Alkaline Stabilization. The pH of the animal waste 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 animal waste residuals shall be dried to 75 percent total solids if the animal waste residuals contain no unstabilized solids from a primary wastewater treatment process. Mixing of the animal waste residuals with other materials shall not be used to meet this alternative. (8) Drying of Unstabilized Residuals. The animal waste residuals shall be dried to 90 percent total solids if the animal waste residuals contain unstabilized solids from a primary wastewater treatment process. Mixing of the animal waste residuals with other materials shall not be used to meet this alternative.
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(h) 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/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 shall be prohibited except in accordance with the instructions on the label/information sheet; (3) A statement that animal waste residuals shall be applied at agronomic rates and recommended rates for
intended uses; (4) A statement that the animal waste residuals shall not be applied to any site that is flooded, frozen, or snow covered; (5) A statement that adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored animal waste residuals into any surface waters; (6) A statement which identifies that this material shall be prevented from entering any public or private water supply source (including wells), stream, lake, or river; (7) Pollutant concentration for pollutants listed in Paragraph (c) of this Rule; and (8) Nitrogen and phosphorous concentration. (i) Monitoring and Reporting. (1) Animal waste residuals applied shall be monitored for pollutants as listed in Paragraph (b) of this Rule as
well as Paragraph (e) of this Rule and Paragraph (f) of this Rule as applicable at the frequency as stipulated in the following 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 as 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 shall be retained for a minimum of five years.
Public Comments – General
40 CFR 503 Does Not Apply
1. According to email from Sam Sampath of Region 4 EPA, "Manure derived products are not covered under 40 CFR Part 503. Sewage Sludge is regulated under 503, the definition of which doesn't include animal waste." These regulations may wish to refrain from using language that mentions Class A and its standards as it should not be
required to meet the performance requirements of 02T .1100 which were patterned after the 40 CFR Part 503. – R. Branch
2. Need to specify Class A treatment standards. Per Sam Sampath, EPA Region 4, manure derived products are not subject to 40 CFR 503, so this is not applicable to animal waste rules. – R. Branch
3. EPA 40 CFR 503 requirements are intended for the use of domestic biosolids and were not intended to regulate animal waste residuals. – Farm Bureau
Terminology
4. The EMC proposes to define “bulk animal waste residuals” to mean “animal waste residuals that are transported and not sold or given away in a bag or other container for application to land. "Yet, two subsections of the proposed rule state that “bulk animal waste residuals” shall not be “sold or given way in a bag or other container for application to land” in specified circumstances. Either those subsections should apply to all animal waste residuals,
or they should be amended to reduce confusion given the definition of included terms. Similarly, the proposed rule
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states “The Class A pathogen requirements shall be met when bulk animal waste residuals are . . . sold or given
away in a bag or other container for application to the land. "This internal inconsistency should be corrected before the rule is finalized. – Amer. Rivers et.al.
5. The term ‘residual’ should be more narrowly defined. ‘Residual’ has a historic and meaning related to municipal
solid waste. Expanding its use broadly could lead to confusion. The term residual (as it relates to animal waste management systems) should be used for referring to solids or semi-solids recovered following some anaerobic treatment process, e.g. anaerobic lagoon solids separation. – NCDA&CS
6. Language as proposed is not accurate in regard to current use of "bulk" when compared to 02T 0.1100. "bulk" should be deleted to ensure consistency with 02T 0.1100. where it is being deleted. – Farm Bureau
7. In item (c) it is proposed to refer to animal waste and animal waste residuals separately for clarity. For example, ‘Bulk animal waste or animal waste residuals shall not….” – NCDA&CS

General Comments
8. Proposed 15A NCAC 02T .1310 might be somewhat longer and more complex than necessary. We fear the proposed rule is excessively long and complicated. We think that greater understanding and compliance in the field would be achieved through a more streamlined approach. We would be willing to work with the agency to develop a final rule that might be easier to understand and be followed. – NCPF
9. Suggest restrictions on land application like those stated in 02T .1109(b) “if the vertical separation of the seasonal
high water table and the depth of residuals application is less than one foot. – Amer. Rivers et.al.
10. Recommend inclusion of setback provisions similar to those applicable to the land application of biological residuals suggest restrictions on land application like those stated in 02T .1109(b), prohibitions of land application
“if the application causes prolonged nuisance conditions;” “within the 100-year flood elevation” absent certain conditions. – Amer. Rivers et.al.
11. "…we commend the agency for closing this loophole and reasserting its regulatory authority. We also appreciate
the inclusion of a requirement for permittees to annually submit a summary of their monitoring and reporting activities. – Amer. Rivers et.al.
12. Supportive of consistent permitting format, and flexibility while protecting human health. – Farm Bureau
Hearing Officer Response
40 CFR 503 Does Not Apply – Based upon EPA's review and clarification of both 40 CFR 503 and 40 CFR 122 (CAFO Rule), the proposed rule is being modified to provide protection to public health and the environment with treatment and monitoring requirements that are appropriate to the source material.
Terminology – Based upon EPA's review and clarification of both 40 CFR 503 and 40 CFR 122 (CAFO Rule), the proposed rule is being modified to provide protection to public health and the environment. Due to these modifications, the term “bulk animal waste residuals” has been eliminated. Also see Hearing Officers’ Response
to “Animal Waste Residuals” comments addressed for in 15A NCAC 02T .1302(2).
General Comments
Comments 9 and 10. Rule 02T .1109(b) exempts Class A residuals (similar to the animal waste residuals) that are sold or given away from the setbacks listed in 02T .1109(a) to which the commenter refers. The vertical separation and setbacks referenced are not applicable.
For clarification purposes, the Hearing Officers recommend modifying the language as shown below.

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Revised Language for Readoption
(a) This Rule applies 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. Not regulated under this Rule is 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, Rule .1307, or Rule .1403 of this Section; (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; and (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 (i.e., dry weight basis) and; (11) animal mortality. (b) For new and modified sources of animal waste residuals, the application shall submit a permit application in writing to the Division that includes the following: (1) Site maps shall be provided to the Division by the applicant 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 may shall include all pollutants identified in Paragraph (c) in this Rule, nutrients and micronutrients, and proof of compliance with pathogen and
vector requirements in Paragraphs (f) and (g) of this Rule if applicable;. (3) A sampling/monitoring plan that describes how compliance with Paragraphs (c), (f), and (gd) of this Rule if applicable shall be provided to the Division by the applicant;
(4) A marketability statement detailing destinations and approximate amounts of the final product to be distributed; and (5) A copy of the label/information sheet that complies with Paragraph (he) of this Rule.
(c) Bulk 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 ceiling concentration for that pollutant as stipulated in the following (i.e., 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
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(dc) Bulk aAnimal 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 concentration for that pollutant as stipulated in the following (i.e., on a dry weight basis):
Pollutant Monthly Average Ceiling Concentration (milligrams per kilogram) Arsenic 41
Cadmium 39 Copper 1,500 Lead 300 Mercury 17 Nickel 420 Selenium 100 Zinc 2,800 (ed) The Class A Animal waste residuals shall meet the pathogen requirements of Rule .1106(a)(2) of this Subchapter shall be met when bulk animal waste residuals are 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. (f) For animal waste residuals to be classified as Class A with respect to pathogens, the requirements of Rule .1106(b) of
this Subchapter shall be met. (g) Animal waste residuals shall not 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 unless the requirements of one of the vector attraction reduction
alternatives have been met. The vector attraction reduction alternatives shall be as follows: (1) 38-Percent Volatile Solids Reduction. The mass of the volatile solids in the animal waste residuals shall be reduced by a minimum of 38 percent between the time that the animal waste residuals enter the digestion
process and the time it is land applied. (2) 40-Day Bench Scale Test. A portion of previously anaerobically-digested animal waste 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 animal waste residuals shall be reduced by less than 17 percent as measured from the beginning to the end of the test. (3) 30-Day Bench Scale Test. A portion of previously aerobically-digested animal waste 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 animal waste 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 animal waste 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 animal waste 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 (i.e., dry weight basis) corrected to a temperature of 20 degrees Celsius.
(5) 14-Day Aerobic Processes. The animal waste residuals shall be treated in an aerobic process for 14 days or longer. During that time the temperature of the animal waste residuals shall be higher than 40 degrees Celsius, and the average temperature of the animal waste residuals shall be higher than 45 degrees Celsius.
(6) Alkaline Stabilization. The pH of the animal waste 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 animal waste residuals shall be dried to 75 percent total solids if the animal waste residuals contain no unstabilized solids from a primary wastewater treatment process. Mixing of the animal waste residuals with other materials shall not be used to meet this alternative. (8) Drying of Unstabilized Residuals. The animal waste residuals shall be dried to 90 percent total solids if the animal waste residuals contain unstabilized solids from a primary wastewater treatment process. Mixing of the animal waste residuals with other materials shall not be used to meet this alternative.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 122 of 524
(he) 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/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 shall be prohibited except in accordance with the instructions on the label/information sheet; (3) A statement that animal waste residuals shall be applied at agronomic rates and recommended rates for intended uses; (4) A statement that the animal waste residuals shall not be applied to any site that is flooded, frozen, or snow covered;
(5) A statement that adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored animal waste residuals into any surface waters; (6) A statement which identifies that this material shall be prevented from entering any public or private water
supply source (including wells), stream, lake, or river; (7) Pollutant concentration for pollutants listed in Paragraph (c) of this Rule; and (8) Nitrogen and phosphorous concentration.
(if) Monitoring and Reporting. (1) Animal waste residuals applied shall be monitored for pollutants as listed in Paragraph (bc) of this Rule as well as and for pathogens as described in Paragraph (ed) of this Rule and Paragraph (f) of this Rule as
applicable at the frequency as stipulated in the following 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 as 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 shall be retained for a minimum of five years.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 122 of 525
15A NCAC 02T .1310(a)
Proposed Language for Readoption
This Rule applies 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. Not regulated under this Rule is 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, Rule .1307, or Rule .1403 of this Section; (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; and (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 (i.e., dry weight basis).
Public Comments
1. In item (a) the list of items not regulated under the rule (item (1) – (10)) should be simplified. -NCDA&CS
2. It is unclear what the EMC intended when stating the rule does not apply to animal waste residuals applied to land
by manure haulers. If the EMC intends to deem permitted manure haulers that are land applying hundreds of tons of animal waste residuals, those manure haulers should be subject to the same requirements as one applying “bulk animal waste residuals” under this rule. – Amer. Rivers et.al.
Hearing Officer Response
The manure hauler rules are specific to the agricultural land application of animal waste/animal waste residuals, not for distribution to the general public. Similarly, federal rules regarding municipal residuals distinguish between public contact sites and agricultural land application.
Revised Language for Readoption
No revisions to the proposed language based on these comments. One additional item .1310(a)(11) “animal mortality” has been added as a technical correction. – See Revised language shown in 15A NCAC 02T .1310 above.
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15A NCAC 02T .1310(d)
Proposed Language for Readoption
Bulk 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 concentration for that pollutant as stipulated in the following (i.e., 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
Public Comments
1. Given that animal waste residuals are produced periodically or intermittently, versus the ongoing and continuous operations at municipal wastewater treatment operations (or other industrial residuals generators) should only the ceiling concentration be used, i.e. 15A NCAC 02T .1310 (c)? and not 15A NCAC 02T .1310 (d)? Monthly average could be confusing for non-continuous operations. – NCDA&CS
Hearing Officer Response
The hearing officers understand the more intermittent nature of the production and processing of animal waste
residuals as compared to residuals from municipal wastewater treatment operations. The Hearing Officers recommend setting one ceiling concentration rather that a ceiling concentration and monthly averages. The new ceiling concentrations for the elements of concern should be established at the same value as the prior monthly average concentration limits, as those are the values that were effectively in place prior to this rule making. Furthermore, the list of pollutants has been reduced, as discussed previously in 15A NCAC 02T .1310 Hearing Officer Response above, to only include Copper and Zinc.
Revised Language for Readoption
Bulk a 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 concentration for that pollutant as stipulated in the following (i.e., on a dry weight basis):
Pollutant Monthly Average Ceiling Concentration (milligrams per kilogram) Arsenic 41
Cadmium 39 Copper 1,500 Lead 300 Mercury 17 Nickel 420 Selenium 100 Zinc 2,800
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 124 of 525
15A NCAC 02T .1310(g)
Proposed Language for Readoption
Animal waste residuals shall not 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 unless the requirements of one of the vector attraction reduction alternatives have been met. The vector attraction reduction alternatives shall be as follows:
(1) 38-Percent Volatile Solids Reduction. The mass of the volatile solids in the animal waste residuals shall be reduced by a minimum of 38 percent between the time that the animal waste residuals enter the digestion process and the time it is land applied. (2) 40-Day Bench Scale Test. A portion of previously anaerobically-digested animal waste 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 animal waste residuals shall be reduced by less than 17 percent as measured from the beginning to the end of the test. (3) 30-Day Bench Scale Test. A portion of previously aerobically-digested animal waste 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 animal waste 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 animal waste 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 animal waste 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 (i.e., dry weight basis) corrected to a temperature of 20 degrees Celsius. (5) 14-Day Aerobic Processes. The animal waste residuals shall be treated in an aerobic process for 14 days
or longer. During that time the temperature of the animal waste residuals shall be higher than 40 degrees Celsius, and the average temperature of the animal waste residuals shall be higher than 45 degrees Celsius. (6) Alkaline Stabilization. The pH of the animal waste 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 animal waste residuals shall be dried to 75 percent total solids if the animal waste residuals contain no unstabilized solids from a primary wastewater treatment process. Mixing of the animal waste residuals with other materials shall not be used to meet this alternative. (8) Drying of Unstabilized Residuals. The animal waste residuals shall be dried to 90 percent total solids if the animal waste residuals contain unstabilized solids from a primary wastewater treatment process. Mixing of the animal waste residuals with other materials shall not be used to meet this alternative.
Public Comments
1. Vector attraction reductions requirements were developed for municipal waste and not intended for use with animal waste. This is a new requirement, that would result in significant cost increase. Delete this rule and vector attraction requirements. – Farm Bureau
2. These vector attraction reduction alternatives may apply to anaerobically digested waste residuals, but are likely
not applicable to other animal waste materials. Fecal coliform results are typically an indicator of sufficient heat treatment during the compost process. The vector attraction requirements from residual biosolids rules should not be applied to animal waste rules. – NCDA&CS

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 125 of 525
Hearing Officer Response
The Hearing Officers recognize that animal waste residuals are not subject to the Vector Attraction Reduction Requirements found in 40 CFR 503 and subsequently in Rule .1107 of this Subchapter. Subsequently, the Hearing Officers recommend the elimination of this Rule.
Revised Language for Readoption
Animal waste residuals shall not 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 unless the requirements of one of the vector attraction reduction alternatives have been met. The vector attraction reduction alternatives shall be as follows: (1) 38-Percent Volatile Solids Reduction. The mass of the volatile solids in the animal waste residuals shall be reduced by a minimum of 38 percent between the time that the animal waste residuals enter the digestion process and the time it is land applied. (2) 40-Day Bench Scale Test. A portion of previously anaerobically-digested animal waste 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 animal waste residuals shall be reduced by less than 17 percent as measured from the beginning to the end of the test. (3) 30-Day Bench Scale Test. A portion of previously aerobically-digested animal waste 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 animal waste 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 animal waste 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 animal waste 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 (i.e., dry weight basis) corrected to a temperature of 20 degrees Celsius.
(5) 14-Day Aerobic Processes. The animal waste residuals shall be treated in an aerobic process for 14 days or longer. During that time the temperature of the animal waste residuals shall be higher than 40 degrees Celsius, and the average temperature of the animal waste residuals shall be higher than 45 degrees Celsius. (6) Alkaline Stabilization. The pH of the animal waste 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 animal waste residuals shall be dried to 75 percent total solids if the animal waste residuals contain no unstabilized solids from a primary wastewater treatment process. Mixing of the animal waste residuals with other materials shall not be used to meet this alternative.
(8) Drying of Unstabilized Residuals. The animal waste residuals shall be dried to 90 percent total solids if the animal waste residuals contain unstabilized solids from a primary wastewater treatment process. Mixing of the animal waste residuals with other materials shall not be used to meet this
alternative.
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15A NCAC 02T .1310(h)(3)
Proposed Language for Readoption
A statement that animal waste residuals shall be applied at agronomic rates and recommended rates for intended uses;
Public Comments
1. Concerned that manure haulers, and others exempted from the animal waste residuals rule (e.g., those land applying residuals pursuant to 02T .1303, .1304, .1305, or .1307) may not evaluate the nutrient concentrations in the residuals to ensure land application does not exceed the agronomic rate unless the EMC explicitly states in their permits or governing rules that animal waste residuals, not just animal waste, must be applied at agronomic rates. – Amer. Rivers et.al.
Hearing Officer Response
Rules 02T .1303, .1304, .1305, .1307, .1310, and .1403 require that animal waste be applied at no greater than agronomic rates - this includes all animal waste materials, i.e. effluent, sludge, residuals.
Revised Language for Readoption
No revisions to the proposed language.
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15A NCAC 02T .1310(i)(1)
Proposed Language for Readoption
Animal waste residuals applied shall be monitored for pollutants as listed in Paragraph (b) of this Rule as well as Paragraph (e) of this Rule and Paragraph (f) of this Rule as applicable at the frequency as stipulated in the following 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)
Public Comments
1. Rule reference is incorrect. "paragraph (b)" is incorrect. – Farm Bureau
Hearing Officer Response
The Hearing Officers agree that the Paragraph reference should be corrected.
Revised Language for Readoption
Animal waste residuals applied shall be monitored for pollutants as listed in Paragraph (bc) of this Rule as well as and for pathogens as described in Paragraph (ed) of this Rule and Paragraph (f) of this Rule as applicable at the frequency as
stipulated in the following 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)
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15A NCAC 02T .1400
Proposed Language for Readoption
Not applicable – These are general comments about Section .1400
Public Comments
1. In light of the statutory scheme, the NCPF contends that further regulation that can be accomplished through agency regulation is somewhat limited. Notwithstanding that position, NCPF finds that, in general, the new proposed rules are largely acceptable and in keeping with the state statutory scheme. – NCPF
2. The proposed changes to the 2T animal waste rules are a step in the wrong direction -- the Environmental Management Commission should consider ways to improve the regulation of factory farms, rather than weakening existing rules. – FWWatch et.al.
3. EMC needs to upgrade the rules, not roll them back. – Sam Perkins - Catawba River Keeper
4. This rule requires that litter is not stockpiled uncovered for greater than 15 days while 15A NCAC 02T .1403
(a)(2)(B) requires that animal waste is not stockpiled uncovered for greater than 15 days. It is our understanding that both rules are intended for poultry litter. The language in rule .1403 (a)(2)(B) is somewhat ambiguous. We recommend for consistency that the language in these two rules be revised to be consistent with each other. –
NCDA&CS
Hearing Officer Response
Based on public input, the Hearing Officers recommend reinstating the record keeping and annual report requirement for manure haulers as previously written.
The proposed modifications to the 02T .1400 Manure Hauler rules regarding elimination of annual reporting have been removed to maintain transparency through public records. Other proposed rule changes have been made to provide environmental and public health protections and to comply with state law.
The Hearing Officers consider the data valuable to tracking transport of nutrients within and across the 17 North Carolina river basins and for nutrient management planning within river basins.
Manure Haulers are not limited to the transport and land applications of poultry litter. Manure Hauler rules apply to any
animal waste product, including but not limited to dairy/cattle waste, dewatered swine sludge, and poultry litter. However, Rule 15A NCAC 02T .1303(a)(2) is specific to dry litter poultry operations. The Hearing Officers do not recommend making changes to the term “litter” in Rule 15A NCAC 02T .1303(a)(2) or to the term “animal waste” in
15A NCAC 02T Section .1400. The Hearing Officers recommend adding a definition of “litter” to Rule .0103 of this Subchapter as follows:
“Litter” means the combination of bedding material, poultry excreta, feathers, spilled feed, spilled water, and soil.
Revised Language for Readoption
Revisions shown in 02T .1403 and .1404, following.
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15A NCAC 02T .1403
Proposed Language for Readoption
(a) The following systems are 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 in this Rule: (1) Manure Hauler 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 setback vegetated buffer (separation) of at least 25 feet is maintained from a perennial stream or perennial waterbody during land application. (2) Manure Hauler 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 setback vegetated buffer (separation) 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 by one year from the effective date of this Rule. Manure Hauler that begin operation following the effective date of this Rule must register with the Division prior to accepting or purchasing manure. (F) the Manure Hauler submits an annual report, as specified in this Section, to the Division by March 1 of each year; and keeps records of land application activity including the date, location and
amount of all animal waste received, and the date locations, application rate, acreage, waste analysis, and receiving crops of all animal waste land application; 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.
Public Comments
1. The 15-day uncovered stockpile rule should apply only to poultry litter, as in General Statute. Other stockpiles should be sited and maintained such that there is no impact to surface water. – NCDA&CS
2. The proposed revision of 15A NCAC 02T .1403 and .1404, shielding Manure Hauler Records from the public, should be rejected if DEQ's promise to improve transparency is to be fulfilled. – Haddix et.al.
3. Manure hauler records should be kept in a publicly accessible electronic database. – C. Troxler
4. For too long, the public has been unable to obtain information in regard to the waste generated by CAFO operations.
Government transparency needs to be a priority for DWR. Haulers of swine, or poultry waste for that matter, travel the roads and communities of eastern NC every day. Not allowing the public to gain access to the hauler records showing where waste is disposed does not allow for the public to be educated and be properly protected from this form of pollution from CAFOs. – L. Baldwin
5. Transparency should be a priority, but instead the rule changes would actually deprive people of information. Storage of manure hauling records on farms essentially ensures the public will have very little access to information
about where waste is being disposed. These records should be maintained by DEQ. – FWWatch et.al.

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Hearing Officer Response
The 02T .1400 Section applies to Manure Haulers for all types of animal wastes, although the predominant waste sources have been poultry litter. For the protection of surface waters, the Hearing Officers recommend the rule regarding the covering of stockpiles apply broadly. Historically, public demand for manure hauler records has been low. Development and maintenance of a database could require significant resources and staff. Manure Hauler records have been and continue to be available for public review.
Based on public input the Hearing Officers recommend reinstating the annual report requirement for manure haulers as previously written comments.
Revised Language for Readoption
(a) The following systems are 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 in this Rule: (1) Manure Hauler 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 setback vegetated buffer (separation) of at least 25 feet is maintained from a perennial stream or perennial waterbody during land application. (2) Manure Hauler 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 setback vegetated buffer (separation) 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 by one year from the effective date of this Rule.
Manure Hauler that begin operation following the effective date of this Rule must register with the Division prior to accepting or purchasing manure;. (F) the Manure Hauler submits an annual report, as specified in this Section, to the Division by March 1 of each year; and keeps records of land application activity including the date, location and amount of all animal waste received, and the date locations, application rate, acreage, waste analysis, and receiving crops of all animal waste land application; submits an annual report, as specified in 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.
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15A NCAC 02T .1404
Proposed Language for Readoption
(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) Date, location, and amount of all animal waste received; and (3) Date, 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 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.
Public Comments- Annual Reports
1. Supports rule modification to eliminate annual report requirement. Add distinction that exists in current 02T .1404 between haulers that apply above specific thresholds. – Farm Bureau
2. NCDA&CS agrees that the reporting requirement for manure haulers should be eliminated. We do agree that haulers should maintain records of hauling and land application, as specified in 15A NCAC 02T .1403 (a)(2)(F) – NCDA&CS
3. We object to the proposal to eliminate this reporting requirement. (manure hauler annual reports) – Amer. Rivers et.al.
4. The proposed revision of 15A NCAC 02T .1403 and .1404, shielding Manure Hauler Records from the public, should be rejected if DEQ's promise to improve transparency is to be fulfilled. – Haddix et.al.
5. Opposed to the proposed repeal of 15A NCAC 02T .1404, which currently requires manure haulers to submit an
annual report to DEQ explaining from where they took their manure to where they delivered it. – 803 Comments
6. DEQ's reasoning behind getting rid of these requirements is out of touch and puts my community at risk. Without these annual reports, the state will have no way to regulate and monitor where animal waste is coming from or to where it is going. – 803 Comments
7. Opposed to removing the requirement to submit annual reports for manure haulers. The information is valuable to the public even if the agency does not act on it. – W. Hendrick
8. The manure hauler records should be kept in the rule. This is critical information on the location of where waste is ending up. Let the public and organizations assist with the analysis. – W. Hendrick
9. Critical to keep manure hauler records. Need to have state maintain copies to allow public review. – W. Hendrick
10. Manure hauler records should be kept in a publicly accessible electronic database. – C. Troxler
11. Transparency should be a priority, but instead the rule changes would actually deprive people of information. Storage of manure hauling records on farms essentially ensures the public will have very little access to information
about where waste is being disposed. These records should be maintained by DEQ. – FWWatch et.al.
12. For too long, the public has been unable to obtain information in regard to the waste generated by CAFO operations. Government transparency needs to be a priority for DWR. Haulers of swine, or poultry waste for that matter, travel
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 132 of 525
the roads and communities of eastern NC every day. Not allowing the public to gain access to the hauler records
showing where waste is disposed does not allow for the public to be educated and be properly protected from this form of pollution from CAFOs. – L. Baldwin
Hearing Officer Response
Based on public input, the Hearing Officers recommend reinstating the record keeping and annual report requirement for manure haulers as previously written, with minor editorial revisions.
The proposed modifications to the 02T .1400 Manure Hauler rules regarding elimination of annual reporting have been removed to maintain transparency through public records. Other proposed rule changes have been made to provide
environmental and public health protections and to comply with state law.
Revised Language for Readoption
(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) Date, location, and amount of all animal waste received; and (3) Date, 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 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.
(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, locations, and amounts of all animal waste received; and (3) Dates, locations, amounts, 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 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.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 133 of 525
Technical Corrections to Subchapter 02T
Rule Revised Language
02T .0105(o) The Permittee shall retain the Division approved Division-approved plans and specifications for the life of the facility.
02T .0113(a)(18)
Discharges to the land surface of less than 5,000 gallons per week of backwash water from greensand filters, not including conventional filters, reverse osmosis, and ion exchange filters, at potable water wells, provided ponding or runoff does not occur and the backwash does not contain radioactive material exceed the Maximum Contaminant Level (MCL) for radionuclides or arsenic; and
02T .0113(a)(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, wells serving single-family residences, provided ponding or runoff does not occur.
02T .0114(f)(1)(C) Owner of the collection system. A letter of agreement from the owner or an official, meeting the criteria of Rule .0106 of this Subchapter, Section, of the receiving collection system or treatment works accepting the wastewater and agreeing with the adjusted design rate.
02T .0120(b)(5) The Applicant applicant or any parent, subsidiary, or other affiliate of the Applicant affiliation has not paid an annual fee in accordance with Rule .0105(e)(2).Rule .0105 (e)(2) of this Section.
02T .0120(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). Rule .0105(e)(2) of this Section.
02T .0203(a)(1)(B) The wastewater does not contain any human waste. Waste; andwaste; and
02T .0302(a)(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 common and typically a small diameter pressure pipe (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 are not considered shall be exclude excluded from the definition of a pressure sewer system.
02T .0303(a)(1)
A building sewer documented by the local building inspector to be in compliance with the North Carolina State Plumbing Code, which Code and that serves a single building with the sole purpose 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 contribute 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 after it receives approval form from the regional office.
02T .0504(b)
Soils report. Report. A soil evaluation of the disposal site shall be provided to the Division by the Applicant applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
[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 under G.S. 89F.]

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 134 of 525
Rule Revised Language
02T .0506(b)
The setbacks for treatment and storage units shall be as follows:
(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 private or public water supply source 100 Surface waters (streams – intermittent and perennial, perennial waterbodies, and wetlands) 50
Any well with exception of monitoring wells 100
Any property line 50
02T .0506(f)
Habitable residences or places of public 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.
02T .0507(e) Vehicles Automobiles and heavy machinery shall not be allowed on the irrigation area, except during installation or maintenance activities.
02T .0604(b)
Soils report. Report. A soil evaluation of the disposal site shall be provided to the Division by the Applicant applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
[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 under G.S. 89F.]
02T .0604(d)(3) setbacks as required by Rule .0606 of this Subchapter; Section; and
02T .0606(a) The setbacks for irrigation Irrigation sites shall be as follows:
02T .0606(e)
Habitable residences or places of public 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.
02T .0608(d) Vehicles Automobiles and heavy machinery shall not be allowed on the irrigation area, except during installation or maintenance activities.
02T .0702 A sAs 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. mean:
02T .0704(b)
Soils report. Report. A soil evaluation of the disposal site shall be provided to the Division by the Applicant
applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
[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 under G.S.
89F.]
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 135 of 525
Rule Revised Language
02T .0705(x) Facilities with an average daily flow greater than 10,000 GPD shall be provided with a flow meter to measure the volume of treated wastewater applied to each infiltration site.
02T .0706(a) The setbacks for infiltration sites Infiltration Units shall be as follows:
02T .0706(g) Habitable residences or places of public 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.
02T .0707(e) Vehicles Automobiles and heavy machinery shall not be allowed on the infiltration area, except during installation or maintenance activities.
02T .0806 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. .0706 for infiltration units.
02T .1101(3) ash that is regulated in accordance with Section .1200; Section .1200 of this Subchapter;
02T .1104(a)(2)
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering pursuant to G.S. 89C.]

02T .1104(c)(2)
Soils report. Report. A soil evaluation of the land application site shall be provided to the Division by the
Applicant. 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:
[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 under G.S. 89F.]
02T .1104(d)(3)
Soils report. Report. A soil evaluation of the land application site shall be provided. This evaluation shall be presented to the Division by the Applicant applicant in a report that includes the following. If required by G.S.
89F, a soil scientist shall prepare this evaluation:
[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 under G.S. 89F.]
02T .1104(e)(3)
Soils report. Report. A soil evaluation of the surface disposal unit site shall be provided to the Division by the Applicant applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
[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 under G.S.
89F.]
02T .1105(b)(1)(B) for land on which land application events of residuals has not occurred or for which the data required in Rule .1105(b) Paragraph (b) of this Rule is incomplete, by determining background concentrations through
representative soil sampling.
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Rule Revised Language
02T .1108(a)
For residuals treatment and storage facilities, the following minimum setbacks in feet (i.e., in feet) shall be as
follows: adhered to:
Any habitable residence Habitable residences or place places of public assembly under separate ownership or not to be maintained as part of the project site 100 Any private Private or public water supply source sources 100
Surface waters (streams – intermittent and perennial, lakes, perennial waterbodies, and wetlands) 50 Any well Wells with exception of to monitoring wells 100
Any property line Property lines 50
02T .1108(d)
For the construction and operation of surface disposal units, the following minimum setbacks in feet (i.e., in feet) shall be as follows: adhered to: Any habitable residence Habitable residences or place places of public assembly under separate
ownership or not to be maintained as part of the project site 400
Any property line Property lines 50 Public right rights of way 50 Any private Private or public water supply source sources 100 Surface waters (streams - intermittent and perennial, perennial waterbodies, and wetlands) 100
Surface water diversions (ephemeral streams, waterways, ditches) 25 Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 100 Subsurface groundwater lowering drainage systems 100 Any well Wells with exception of to monitoring wells 100
Any water line Water lines 10 Swimming pools 100
02T .1108(g)
Habitable residences or places of public 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.
02T .1203(b) Unless otherwise specified in Rule .1203(a) of this Section,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.
02T .1208
(a) An Operation and Maintenance Plan shall be maintained for all CCPs management programs. The plan shall: (1) describe the operation of the program and any 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 measures, including restriction of access to the site and equipment, as appropriate;
(4) include spill control provisions provisions, including: (a) response to spills spills, including control, containment, and remediation remediation; and
(b) contact information for program personnel, emergency responders, and regulatory agencies; agencies; and
(5) describe the sampling and analysis protocol used to ensure that the program complies with this Section and any all issued permits.
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Rule Revised Language
02T .1302 The definitions used for the purpose of this Section shall be as defined in G.S. 143-215.10B, in Rule .0103 of this Subchapter, of in Rule .1102 in this Subchapter, and as follows:
02T .1303(a)(2) Poultry operations which 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 Section if:
02T .1304(a) This rule applies 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 under Rule .1305.Rule .1305 of this Section.
02T .1305(c)(5) Notwithstanding Subparagraph (c)(2) of this Section, of this Rule land application of waste shall be no closer
than 100 feet from a well and no closer than 200 feet from a dwelling not owned by the waste generator.
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15A NCAC 02U .0103 (4)
Proposed Language for Readoption
“Dedicated system" means a system where the reclaimed water utilization is necessary to meet the wastewater disposal needs of the facility and where other wastewater utilization or disposal methods to accommodate the entire wastewater flow generated at the facility are not available.
Public Comments
1. “As drafted, the definition of dedicated system is both ambiguous and likely unnecessarily restrictive. By specifying that these systems exist only where “reclaimed water utilization is necessary” and other wastewater utilization or disposal methods “are not available” the Department is limiting voluntary use of reclaimed water. This is contrary to public policy. If anything, water reclamation should be encouraged. Accordingly, the definition should be revised as follows (proposed deletions in strikeout and new language underlined): “‘Dedicated system’ means a system where the reclaimed water utilization is utilized necessary to meet the wastewater disposal needs of the facility or to support community water reuse goals and where other wastewater utilization or disposal methods to accommodate the entire wastewater flow generated at the facility are not available.”” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. The 02U Reclaimed Water rules allow for two types of utilization systems: conjunctive and dedicated. A conjunctive system is the voluntary use of reclaimed water on an as-needed basis, and there is a permitted disposal option (e.g., NPDES, non-discharge, etc.) for all the generated effluent in the event the conjunctive use is not utilized. A dedicated system is when there is no alternative disposal option, and all generated reclaimed water must be disposed on a non-discharge permitted site. Therefore, having both conjunctive and dedicated options does not make the program restrictive, and encourages the public policy of promoting reclaimed water, especially through the conjunctive system program.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02U .0109
Proposed Language for Readoption
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.
Public Comments
1. “This section requires that permit renewal applications be submitted at least 180 days prior to the expiration of the permit. As explained above, federal regulations allow the permitting authority to grant permission to apply at a later date although applications may not be submitted later than the expiration date of the existing permit. See 40 C.F.R. § 122.21(d). DWR should reserve the discretion to extend the renewal application deadline if circumstances warrant it. Accordingly, NCWQA suggests that the first sentence of this section be amended as follows: Permit renewal requests 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, or a request has been made to rescind the permit, or the Director extends such deadline, but in no case later than the expiration date of the existing permit.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. Facilities permitted pursuant to Subchapter 02U are done so through a state permitting program that is independent of federal regulations.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02U .0113(a)
Proposed Language for Readoption
The following utilizations of reclaimed water and closed-loop recycle activities are shall be deemed to be permitted pursuant to G.S. 143-215.1(b) G.S. 143-215.1(b), and it is not necessary for the Division to issue individual permits or coverage under a general permit for construction or operation of the following utilization systems provided the system does not result
in any violations of surface water or groundwater standards, there is no unpermitted direct discharge to surface waters, and all criteria required for the specific system is are met:
Public Comments
1. “In specifying conditions applicable to permitted uses by regulation, .0113(a) states that such uses cannot result in violations of water quality standards or result in unpermitted discharges. These requirements are redundant. It is a
violation for an unpermitted discharge to reach surface waters. That is enough liability. A party should not be in violation of duplicative requirements if the unpermitted discharge also violates water quality standards, although any alleged water quality standards exceedance could in any event be a consideration in the nature or level of any
penalty. Whether the discharge meets standards or not is legally unimportant as the discharge to surface waters itself is in any event a violation. Accordingly, the following phrase should be stricken from the section: “the system does not result in any violations of surface water or groundwater standards.”” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. “Unpermitted discharges” and “violations of water quality standards” are two separate matters pertaining to the same event. An unpermitted discharge may or may not result in the violation of water quality standards depending
upon the quality of water discharged. Accordingly, “the system does not result in any violations of surface water or groundwater standards” should remain in the proposed rule as it helps to define the severity of the unpermitted discharge.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02U .0113(a)(4)
Proposed Language for Readoption
Incidental discharge to a municipal separate storm sewer system (MS4) that occurs as a result of reclaimed water utilization activities provided the use such activity is approved in a reclaimed water utilization permit issued by the Division, and the discharge does not violate water quality standards. This does not exempt the reclaimed water user from complying with
any applicable local ordinances that may prohibit such discharges;
Public Comments
1. “Incidental discharge is not defined. Does incidental discharge to MS4 include reclaimed water blow-off releases?” – Cory Larsen, PE, Wake County Environmental Services
Hearing Officer Response
1. Incidental discharge of reclaimed water blow-off releases to a municipal separate storm sewer system (MS4) are
deemed permitted if the blow-off releases are an approved activity in an individual reclaimed water utilization permit. Otherwise, pursuant to 15A NCCA 02U .0113(6), flushing and hydrostatic testing water discharges associated with reclaimed water distribution systems are deemed permitted provided no water quality standards are
violated.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 142 of 525
15A NCAC 02U .0113(a)(10)
Proposed Language for Readoption
Drip irrigation sites supplied with reclaimed water as part of a conjunctive use reclaimed water system generated from an onsite wastewater treatment facility meeting the criteria of this Subchapter and where the conjunctive system has been approved by the Department and is permitted under 18A .1900;
Public Comments
1. “Change needed, since we are not in the same Department. For example, Change "approved the the Department" to "approved by the Department of Health and Human Services"” – Steven Berkowitz, PE, On-Site Water Protection Branch, NC Department of Health and Human Services
Hearing Officer Response
1. Thank you for providing this clarification. The proposed rule should be revised.
Revised Language for Readoption
Drip irrigation sites supplied with reclaimed water as part of a conjunctive use reclaimed water system generated from an onsite wastewater treatment facility meeting the criteria of this Subchapter and where the conjunctive system has been approved by the Department of Health and Human Services and is permitted under 18A .1900;
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 143 of 525
15A NCAC 02U .0113(a)(11)
Proposed Language for Readoption
Toilet and urinal flushing systems supplied by reclaimed water as part of a conjunctive reclaimed water system meeting the applicable requirements of Rules .0301, .0401, .0403, .0501, and .0701 of this Subchapter; Chapter 89G of the General Statutes; approved by the local building inspection department; and installed by a North Carolina Licensed Plumbing
Contractor pursuant to G.S. 89;
Public Comments
1. “Strongly support inclusion of toilet and urinal flushing as deemed permitted uses of reclaimed water. Recommend some clarification that this use is not limited to conjunctive systems – it could still be permitted on a dedicated residential system provided that met applicable 02U, G.S. and building/plumbing code requirements, correct?” –
Cory Larsen, PE, Wake County Environmental Services
Hearing Officer Response
1. Thank you for your support of including toilet and urinal flushing as a deemed permitted use of reclaimed water. It is the intent of the rule to only limit this deemed permitted use to conjunctive systems. Dedicated systems require
an individual permit because the “reclaimed water utilization is necessary to meet the wastewater disposal needs of the facility and where other wastewater utilization or disposal methods to accommodate the entire wastewater flow generated at the facility are not available.”
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02U .0201(d)
Proposed Language for Readoption
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. The Applicant applicant shall provide site plans or maps for treatment and storage facilities and where the reclaimed water is applied to the land surface or otherwise used in
a ground absorption manner, except where reclaimed water is utilized for irrigation to single-family residential lots, showing the location, orientation and relationship of facility components including: (1) a scaled map of the site showing all facility-related structures and fences within 500 feet of the treatment, storage, and utilization areas; (2) for land application sites and other ground absorption uses, the site map shall include topography; and (3) to the extent needed to determine compliance with setbacks, the location of all features included in Rule .0701 of this Subchapter. Subchapter; and (4) setbacks as required by Rule .0701 of this Subchapter and delineation of the review and compliance boundaries. [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 under pursuant to G.S. 89C.]
Public Comments
1. “‘with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief’ is not included in 02U .0201, and probably was intended to be?” – Steven Berkowitz, PE, On-Site Water Protection Branch, NC Department of Health and Human Services 2. “‘site property boundaries win 500 feet’ is not included in 02U .0201” – Steven Berkowitz, PE, On-Site Water Protection Branch, NC Department of Health and Human Services
Hearing Officer Response
1. Thank you for noticing this oversight. The language to be deleted from 15A NCAC 02U .0202(d)(1) should be moved to 15A NCAC 02U .0201(d)(1).
2. Thank you for noticing this oversight. The language to be deleted from 15A NCAC 02U .0202(d)(4) should be moved to 15A NCAC 02U .0201(d)(5).

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Revised Language for Readoption
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. The Applicant applicant shall provide site plans or maps for treatment and storage facilities and where the reclaimed water is applied to the land surface or otherwise used in a ground absorption manner, except where reclaimed water is utilized for irrigation to single-family residential lots, showing the location, orientation and relationship of facility components including: (1) a scaled map of the site 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 500 feet of the treatment, storage,
and utilization areas; areas, soil mapping units shown on all utilization sites; (2) for land application sites and other ground absorption uses, the site map shall include topography; and (3) to the extent needed to determine compliance with setbacks, the location of all features included in Rule
.0701 of this Subchapter. Subchapter; (4) setbacks as required by Rule .0701 of this Subchapter and delineation of the review and compliance boundaries; and
(5) site property boundaries within 500 feet of all waste treatment, storage, and utilization 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 under pursuant to G.S. 89C.]
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15A NCAC 02U .0202(c)
Proposed Language for Readoption
Hydrogeologic report. A hydrogeologic description of the subsurface, prepared by a Licensed Geologist, Licensed Soil Scientist, or Professional Engineer if required by Chapters 89E, 89F, or 89C89C, respectively respectively, of the subsurface to a depth of 20 feet or bedrock, whichever is less, shall be provided to the Division by the Applicant applicant
for systems treating industrial waste and any system reclaimed water land application sites with a design flow of over 25,000 gallons per day. Industrial facilities generating less than 25,000 gallons per day of wastewater, and can demonstrate that the effluent will be of quality similar to domestic wastewater, including effluent requirements established in 15A NCAC 02U .0301(b), shall, upon request, be exempted from this requirement. A greater depth of investigation is required if the respective depth is used in predictive calculations. This evaluation shall be based on borings for which the numbers, locations, and depths are sufficient 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. These techniques may include geophysical well logs, surface geophysical surveys, and tracer studies. This evaluation shall be presented in a report that includes a mounding analysis to predict the level of the seasonal high water table after reclaimed water application, if the seasonal high water table is within six feet of the surface. The report shall also consider that includes the following components: (1) a description of the regional and local geology and hydrogeology based on research of literature for the area; (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 reclaimed water; 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(s); aquifer; (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; and (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 media. (9) if the SHWT is within six feet of the surface, a mounding analysis to predict the level of the SHWT after wastewater reclaimed water 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 under pursuant to G.S. 89E, soil science under pursuant to G.S. 89F, or engineering under pursuant to G.S. 89C.]
Public Comments
1. “As referenced in the remainder of this paragraph, and to be consistent with other comparable rules, deletion of "systems treating industrial waste and any system" appears to be un-intentional.” – Steven Berkowitz, PE, On-Site Water Protection Branch, NC Department of Health and Human Services

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 147 of 525
Hearing Officer Response
1. The deletion of "systems treating industrial waste" is inherently covered under the "reclaimed water land application sites with a design flow over 25,000 gallons per day.", which would include all types of wastewater (i.e., domestic, commercial, industrial, etc.).
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 148 of 525
15A NCAC 02U .0301(a)
Proposed Language for Readoption
Reclaimed water treatment processes classified as Type 2 by the rules in this Subchapter shall produce an effluent quality a tertiary quality effluent (filtered or equivalent) prior to storage, distribution, or utilization that meets the parameter limits listed below:
(1) monthly average BOD5 of less than or equal to 5 mg/l mg/L and a daily maximum BOD5 of less than or equal to 10 mg/l; mg/L; (2) monthly average TSS of less than or equal to 5 mg/l mg/L and a daily maximum TSS of less than or equal to 10 mg/l; mg/L; (3) monthly average NH3 NH3-N of less than or equal to 1 mg/l mg/L and a daily maximum NH3 NH3-N of less than or equal to 2 mg/l; mg/L; (4) monthly geometric mean Escherichia coli (E. coli) or fecal coliform level of less than or equal to 3/100 ml mL and a daily maximum E. coli or fecal coliform level of less than or equal to 25/100 ml; mL; (5) monthly geometric mean Coliphage level of less than or equal to 5/100 ml mL and a daily maximum Coliphage level of less than or equal to 25/100 ml; mL; (6) monthly geometric mean Clostridium perfringens level of less than or equal to 5/100 ml mL and a daily maximum Clostridium perfringens level of less than or equal to 25/100 ml; mL; and (7) maximum Turbidity of 5 Nephelometric Turbidity Units (NTUs).
Public Comments
1. “Recommend that term “tertiary” remain in reclaimed water effluent standards as final polishing/filtration is commonplace in reclaimed water facilities and necessary to consistently achieve reclaimed water effluent limits.” – Cory Larsen, PE, Wake County Environmental Services
Hearing Officer Response
1. In order to be classified as Type 2 reclaimed water, the effluent shall meet the standards required in 15A NCAC 02U .0301(a) regardless of the term “tertiary.”
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02U .0301(b)
Proposed Language for Readoption
Reclaimed water treatment processes classified as Type 1 by the rules in this Subchapter shall produce an effluent quality a tertiary quality effluent (filtered or equivalent) prior to storage, distribution, or utilization that meets the parameter limits listed below:
(1) monthly average BOD5 of less than or equal to 10 mg/l mg/L and a daily maximum BOD5 of less than or equal to 15 mg/l; mg/L; (2) monthly average TSS of less than or equal to 5 mg/l mg/L and a daily maximum TSS of less than or equal to 10 mg/l; mg/L; (3) monthly average NH3 NH3-N of less than or equal to 4 mg/l mg/L and a daily maximum NH3 NH3-N of less than or equal to 6 mg/l; mg/L; (4) monthly geometric mean E. coli or fecal coliform level of less than or equal to 14/100 ml mL and a daily maximum E. coli or fecal coliform level of less than or equal to 25/100 ml; mL; and (5) maximum Turbidity of 10 NTUs.
Public Comments
1. “Recommend that term “tertiary” remain in reclaimed water effluent standards as final polishing/filtration is commonplace in reclaimed water facilities and necessary to consistently achieve reclaimed water effluent limits.” – Cory Larsen, PE, Wake County Environmental Services
Hearing Officer Response
1. In order to be classified as Type 1 reclaimed water, the effluent shall meet the standards required in 15A NCAC 02U .0301(b) regardless of the term “tertiary.”
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
Return to Table of Contents

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15A NCAC 02U .0401(d)
Proposed Language for Readoption
An automatically activated standby power source or other means to prevent improperly treated wastewater from entering the storage, distribution or utilization system shall be provided.
Public Comments
1. “For SFR reuse the requirement for automatically activated standby power should not be waived for systems on municipal or community water. If the house is served by a private well and the home has backup generator then the wastewater treatment system but also be powered by the generator or another dedicated power supply.” – Cory Larsen, PE, Wake County Environmental Services
Hearing Officer Response
1. The proposed language in 15A NCAC 02T .0601 states that “One building single-family residences generating and
utilizing reclaimed water shall meet requirements established in 15A NCAC 02U.” Accordingly, there is no proposed language to exempt single-family residence reclaimed water systems from the requirements in 15A NCAC 02U .0401(d), unless approved by the Director pursuant to the requirements in 15A NCAC 02T .0105(n).
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02U .0401(h)
Proposed Language for Readoption
All open-atmosphere treatment lagoons and ponds, and open-atmosphere storage units shall have at least two feet of freeboard.
Public Comments
1. “While it may be appropriate in most cases to require at least two feet of freeboard on open-atmosphere treatment lagoons and ponds, there may be instances where it is unnecessary. Accordingly, .0401(h) should be revised to provide the Division with the discretion to approve a lesser freeboard requirement.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. 15A NCAC 02T .0105(n) allows the Director to approve alternative Design Criteria in cases where the Applicant
demonstrates that the alternative provides (1) equal or better treatment of 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. Accordingly, no revision to 15A NCAC 02U .0401(h) is necessary.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02U .0402(e)
Proposed Language for Readoption
There shall be no public access to the wastewater treatment facility or the five-day side-stream detention pond. unit. The five-day side-stream detention pond 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 required of the natural material liner. Liner requirements of the five-day side-stream detention pond or separation distances between the bottom of the five-day side-stream detention pond and the groundwater table may be reduced if it can be demonstrated by predictive calculations or modeling methods that satisfy the Director, that construction and use of the five-day side-stream detention
pond will not result in contravention of assigned groundwater standards at the compliance boundary.
Public Comments
1.By virtue of the “there shall be no public access...” wording, both .0402(e) and .0404(b)(1) could be read asimproper and contrary to North Carolina law by imposing strict liability if a person from the public gained unlawful
access to a facility (e.g., by ignoring warning signs or by scaling a fence). To prevent this unfair liability, NCWQAproposes revising these sections to require that “reasonable measures be taken to restrict public access at all times.”– F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1.It is agreed that the wording “there shall be no public access…” is not appropriate for the proposed rule, and shouldbe changed to “the public shall be prohibited access…”
Revised Language for Readoption
The There shall be no public shall be prohibited access to the wastewater treatment facility or the five-day side-stream detention pond. unit. The five-day side-stream detention pond 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 required of the natural material liner. Liner requirements of the five-day side-stream detention pond or separation distances between the bottom of the five-day side-stream detention pond and the groundwater table may be reduced if it can be demonstrated by predictive calculations or modeling methods that satisfy the Director, that construction and use of the five-day side-stream detention pond will not result in contravention of assigned groundwater standards at the compliance boundary.
Return to Table of Contents
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15A NCAC 02U .0402(m)
Proposed Language for Readoption
Domestic, commercial, or industrial dedicated reclaimed water systems, including single-family residence facilities, with flow less than 1,000 gallons per day (gpd), are exempt from meeting Paragraphs (c) and (h) of this Rule, if repair or replacement of essential treatment units can be completed within five days.
Public Comments
1. “Support proposed rule change to exempt small reuse systems from duality and multiple pump design criteria. However, a method to certify that repair or replacement of essential treatment units within 5 days should be required. Recommend signed statement from engineer, installer, and permittee or executed contract with installer attesting to replacement within 5 days to allow this exemption.” – Cory Larsen, PE, Wake County Environmental Services
Hearing Officer Response
1. It is agreed that the Permittee, Professional Engineer, or installer should provide a certification that repair or replacement of essential treatment units can be completed within five days. However, this certification would be
best suited as an application requirement, and is covered under 15A NCAC 02U .0116.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC 02U .0403(h)
Proposed Language for Readoption
Reclaimed water distribution lines shall be located 10 at least 2 feet horizontally from and 18 inches below any water line where if practicable. Where If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C.
Public Comments
1. “This reduction in horizontal setback does not appear sufficiently protective, and likely to result in an increased potential for inadvertent cross connections. Nor does it appear consistent with 15A NCAC 18C .0906 requirements. Reduction from 10 to 5 feet for reclaimed water lines would be considered more appropriate (retaining the alternative for reduced setbacks pursuant to Rule .0906, but only when the greater horizontal setback is not "practicable").” – Steven Berkowitz, PE, On-Site Water Protection Branch, NC Department of Health and Human Services
Hearing Officer Response
1. It is recommended to change the proposed setback from 2 feet to 5 feet in order to match the requirements
established in 15A NCAC 18C .0906.
Revised Language for Readoption
Reclaimed water distribution lines shall be located 10 at least 2 5 feet horizontally from and 18 inches below any water line where if practicable. Where If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C.
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15A NCAC 02U .0404(b)(1)
Proposed Language for Readoption
There shall be no public access to the wastewater treatment equipment, wastewater storage structures, or to the wastewater within a closed-loop recycle facility.
Public Comments
1. By virtue of the “there shall be no public access...” wording, both .0402(e) and .0404(b)(1) could be read as improper and contrary to North Carolina law by imposing strict liability if a person from the public gained unlawful access to a facility (e.g., by ignoring warning signs or by scaling a fence). To prevent this unfair liability, NCWQA proposes revising these sections to require that “reasonable measures be taken to restrict public access at all times.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. It is agreed that the wording “there shall be no public access…” is not appropriate for the proposed rule, and should be changed to “the public shall be prohibited access…”
Revised Language for Readoption
The There shall be no public shall be prohibited access to the wastewater treatment equipment, wastewater storage
structures, or to the wastewater within a closed-loop recycle facility.
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15A NCAC 02U .0501(e)
Proposed Language for Readoption
Reclaimed water shall not be used for direct reuse as a raw potable water supply.
Public Comments
1. “Prohibition of direct reuse in potable water supply should remain. At minimum, amend the statement with, “unless approved by the Department under [PWS rule section].” – Cory Larsen, PE, Wake County Environmental Services
Hearing Officer Response
1. The proposed rule change is in response to G.S. 143-355.5(a2), which states that “an approved wastewater reuse
program can provide water for the beneficial purpose of supplementing the water supply source for potable water in a way that is both environmentally acceptable and protective of public health.” It should also be noted that 15A NCAC 02U .0501 still states that “reclaimed water is not intended for drinking.” This language is protective of public health, and still allows for the proper regulatory agency to approve the use of reclaimed water as a supplemental source as allowed in G.S. 143-355.5(a2).
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 157 of 525
15A NCAC 02U .0701(h)
Proposed Language for Readoption
Setbacks to property lines established in Paragraph (b) of this Rule shall not be applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line.
Public Comments
1. “While it is important that setbacks be clearly defined, it is just as important that they serve their intended purpose of ensuring permitted activity is not conducted in problematic locations. For instance, typically, rules state the required setback between permitted activity and “any property line” to minimize impacts of permitted activity on adjacent parcels.43 However, in the proposed rules, setbacks to property lines “shall not be applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line.”44
At first blush, this may seem reasonable. If a permittee wishes to conduct permitted activity next to his own property, perhaps he should be allowed to assume the risk of impacting his own property by essentially waiving
the protection otherwise afforded by a setback. However, this justification fails to consider the potential that the adjacent property is occupied by the permittee’s tenant. After all, the impacts of permitted activity can affect people, not just land.
According to the U.S. Census Bureau, between 2011 and 2015, only 65.1% of housing units in North Carolina were owner-occupied.45 Yet, under the proposed rule, whether or not one owns his residence could directly impact the degree of protection afforded under the 02T and 02U rules. Not only does this unfairly burden tenants, it
threatens to invite violations of well-established principles of landlord/tenant law. “North Carolina law provides that a lease, in the absence of a provision to the contrary, carries with it an implied covenant that the tenant will have the quiet and peaceable possession of the leased premises during the term of the lease.”46 The EMC should
not adopt rules that allow an absentee landlord to breach this implied covenant of quiet enjoyment by waiving setback requirements.
Of course, if a permittee does not lease the property adjacent to the parcel on which the permitted activity is
conducted, this concern would be mitigated. We encourage the EMC to consider adding this caveat to prevent landlords from waiving protections or violating legal rights designed to benefit tenants. Alternatively, the EMC should consider removing this setback exception and analyzing on a case-by-case basis whether or not a variance from the setback would provide equal or better treatment of waste, equal or better protection of the waters of the state, and no increased potential for nuisance conditions from noise, odor, or vermin.47” – American Rivers, Et. Al 2. “In order to inform and protect future owners if one of the adjoining parcels were to be sold separately in the future, there should be an easement created if the system crosses the property line, as allowed for under GS 39-6.4. We required this for off-site systems (system on separate lot from the house/facility lot).” – Steven Berkowitz, PE, On-Site Water Protection Branch, NC Department of Health and Human Services

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 158 of 525
Hearing Officer Response
1.The proposed rule language only exempts the Permittee from complying with property line setbacks when thePermittee owns or is leasing the parcels that create the property line. The Permittee is still responsible for ensuringthat treatment and storage facilities maintain a 100 foot setback to any habitable residence or place of publicassembly under separate ownership. As noted in existing rule language, there are no setback requirements forreclaimed water utilization to habitable residences or places of public assembly under separate ownership, or ownedby the Permittee. Please note that it is proposed to amend the rule language to state that the proposed rule alsoapplies to those setbacks established in Paragraph (a).
In addition, the Hearing Officers solicited comment from the North Carolina Department of Justice’sEnvironmental Division. Special Deputy Attorney General Phillip T. Reynolds stated, “After reviewing the history
of the rule and the supporting statutes, it seems to me that the proposed language…is simply an extension of thestatutory mandate contained in N.C. Gen. Stat. § 143-215.1(i), which states in relevant part: “Multiple contiguousproperties under common ownership and permitted for use as a disposal system shall be treated as a single property
with regard to determination of a compliance boundary and setbacks to property lines.” Because the authority toadopt the rule is predicated on the statute and because the statute clearly requires that “multiple continuousproperties … shall be treated as a single property,” it does not appear that the principles of landlord/tenant law arerelevant for the purposes of the specific rule.”
2.The rationale in amending G.S. 143-215.1(i) and this proposed rule language was twofold. First, it was determinedunreasonable to require Permittees to maintain setbacks to their own internal property lines because it createdbuffered spaces within their application area that could not be applied upon, even though they were suitable for theland application of treated wastes. Second, it was also determined to be a financial and regulatory impediment forPermittees to execute and record reciprocating setback waivers to themselves in order to apply within theseartificially created buffered spaces. To the Division’s knowledge, all of these instances have been for government(i.e., municipal, county, state, and federal) and industrial facilities. To require an easement be executed for eachof these parcels reimposes the regulatory hurdle that is proposed to be removed in anticipation of the unlikely eventthat a government or industrial facility sells a portion of their land containing their permitted treatment and disposal
system.
Revised Language for Readoption
Setbacks to property lines established in Paragraphs (a) and (b) of this Rule shall not be applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 159 of 525
15A NCAC 02U .0801(b)
Proposed Language for Readoption
Irrigation areas shall have a year-round vegetative cover.
Public Comments
1. “There is no reason to have this requirement and, with the climate in North Carolina, bare ground at some point in the year may not be preventable (e.g., in the winter or extreme heat in the summer). Also, it is not clear what would constitute sufficient “vegetative cover.” Accordingly, proposed .0801(b) should be deleted.” – F. Paul Calamita, North Carolina Water Quality Association
Hearing Officer Response
1. The intent of this proposed rule language is to ensure that reclaimed water irrigation is being done “in a beneficial manner and for the purpose of conservation of the State’s water resources by reducing the use of potable water, surface water, and groundwater” pursuant to 15A NCAC 02U .0101(a). It is recognized that bare ground conditions may occur due to weather, or seeding for cover crop establishment or repair; however, in order to meet the intent of the 02U Subchapter, if reclaimed water is being irrigated, it shall be to an established or emerging vegetative cover.
Revised Language for Readoption
No revisions to the proposed language for readoption have been made.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 160 of 525
Technical Corrections to Subchapter 02U
Rule Revised Language
02U .0101(a)
The rules in this Subchapter shall apply to reclaimed water systems. This includes the generation and utilization of reclaimed water tertiary treated wastewater effluent meeting the standards in Rule .0301 of this Subchapter, used in a beneficial manner and for the purpose of conservation of the State's water resources by reducing the use of a potable water water, surface water, and groundwater. resource (potable water, surface water, groundwater).
02U .0101(b) The disposal of treated wastewater effluent that does not serve in place of the use of a water resource is covered governed by Subchapter 02T of this Chapter.Chapter 02 of Title 15A.
02U .0101(g)
The rules in this subchapter set forth the requirements and procedures for application and issuance of permits for the following reclaimed water systems: (1) generation systems; treatment works; (2) utilization systems; (3) distribution systems; (4)(3) bulk distribution programs; and (5)(4) local program approval.
02U .0102 The rules in this Subchapter shall apply to all persons proposing to construct, alter, extend, or operate any reclaimed water treatment works generation, distribution, or utilization system. The rules in this Section are general requirements that apply to all program rules (found in individual sections) in this Subchapter.
02U .0109
Permit renewals shall be in accordance with 15A NCAC 02T .0109. Requests for permit renewals shall be submitted 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.
02U .0201(c)(2) specifications describing materials to be used, methods of construction, and means for ensuring quality and integrity of the finished product product, including leakage testing; and
02U .0201(c)(3) engineering calculations 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. design; and
02U .0202(b) Soils report. Report. A soil evaluation of the utilization site shall be provided to the Division by the Applicant. applicant. If required by G.S. 89F, a soil scientist shall prepare this evaluation. This evaluation shall be presented in a report that includes the following:
02U .0402(n) Facilities shall be provided with a flow meter to measure the volume of treated reclaimed water applied to each field.

15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 161 of 525
Rule Revised Language
02U .0701(c)
The setbacks for utilization sites areas where reclaimed water is land applied discharged to the ground shall be as
follows: feet
Surface waters (streams – intermittent and perennial, perennial waterbodies, and wetlands) not classified SA 25 Surface waters (streams – intermittent and perennial, perennial waterbodies, and wetlands) not classified SA, provided that the reclaimed water to be utilized contains no
more than 10 mg/L of Total Nitrogen and no more than 2 mg/L of Total Phosphorus in addition to applicable requirements of Section .0300 of this Subchapter 0
Surface waters (streams – intermittent and perennial, perennial waterbodies, and wetlands) classified SA 100 Any well with exception of to monitoring wells 100
02U .0701(i) (f)(i) Habitable residences or places of public assembly under separate ownership constructed after the non-discharge facilities were originally permitted or subsequently modified, are exempt from the setback requirements
in Paragraph (a) of this Rule.
02U .0801(e) Vehicles Automobiles and heavy machinery shall not be allowed on the irrigation area, except during installation
or maintenance activities.
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15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 162 of 525
PART IV – REVISED 15A NCAC SUBCHAPTERS 02T AND 02U FOR READOPTION
For Rule Amendments:
Text = deleted text Text = added text Text = existing text in what was published in the North Carolina Register (NCR) that
proposed to be deleted following the comment period Text = text proposed to be added to what was published in the NCR following the comment period
Text = text initially proposed in the NCR to be deleted that is restored following the comment period [Text] = text proposed in the NCR to be added that is deleted following the comment
period
Note: For new rules proposed for adoption, all text is initially underlined. If there are changes to the proposed new rule following publication in the NCR, the underlining is removed, deleted text is struck
though, added text is underlined, and there is no highlighting.
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 163 of 525
n 32:06 NCR 524-525 as follows: 1
2
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT 3
4
SUBCHAPTER 02T – WASTE NOT DISCHARGED TO SURFACE WATERS 5
6
SECTION .0100 – GENERAL REQUIREMENTS 7
8
15A NCAC 02T .0101 PURPOSE 9
The rules in this Subchapter set forth the requirements and procedures for application and issuance of permits shall 10
govern application for and issuance of permits for the following systems which that do not discharge to surface waters 11
of the state: 12
(1)sewer systems;13
(2)disposal systems;14
(3)treatment works;15
(4)residual and residue disposal/utilization systems;16
(5)animal waste management systems;17
(6)treatment of contaminated soils; and18
(7)stormwater management systems pursuant to 15A NCAC 2H 02H .1000.19
20
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 21
Eff. September 1, 2006.2006; 22
Readopted Eff. September 1, 2018. 23

15A NCAC 02T .0101 is readopted as published i
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 164 of 525
15A NCAC 02T .0102 is readopted as published in 32:06 NCR 525 as follows: 1
2
15A NCAC 02T .0102 SCOPE 3
The rules in this Subchapter shall apply to all persons proposing to construct, alter, extend, or operate any sewer 4
system, treatment works, disposal system, contaminates contaminated soil treatment system, animal waste 5
management system, stormwater management system or residual disposal/utilization system which system, that does 6
not discharge to surface waters of the state. state, including systems which discharge waste onto or below land surface. 7
However, these Rules do shall not apply to sanitary sewage systems or solid waste management facilities which that 8
are permitted under the authority of the Commission for Public Health. The provisions for stormwater NPDES systems 9
that discharge to waters of the State are codified management systems can be found in 15A NCAC 02H .1000. The 10
rules in this Section are general requirements that shall apply to all program rules (found in individual sections) in this 11
Subchapter. 12
13
History Note: Authority G.S. 130A-335; 143-215.1; 143-215.3(a)(1); 14
Eff. September 1, 2006.2006; 15
Readopted Eff. September 1, 2018. 16
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 165 of 525
15A NCAC 02T .0103 is readopted with changes as published in 32:06 NCR 525-527 as follows: 1
2
15A NCAC 02T .0103 DEFINITIONS 3
The terms used in this Subchapter shall be as defined shall have the meanings set forth in G.S. 143-212 and 143-213 4
G.S. 143-213, in this Rule, and except as provided in this Rule and in definitions provided in program-specific program5
specific rules in this Subchapter: Subchapter and as follows: 6
(1)"Agronomic rate" is defined as the amount of waste and other materials applied to soil to meet the7
nitrogen needs of the crop, but does not overload the soil with nutrients or other constituents that8
cause or contribute to a contravention of surface water or groundwater standards, limit crop growth,9
or adversely impact soil quality. Nitrogen needs of the crop shall be based on realistic yield10
expectations (RYE) established for a soil series through published Cooperative Extension Service11
bulletins, Natural Resources Conservation Service publications, county soil surveys, or site specific12
agronomist reports.13
(2)"Animal waste" means livestock or poultry excreta or a mixture of excreta with feed, bedding, litter14
or other materials generated at a feedlot.15
(3)"Bedrock" is as defined in 15A NCAC 02L .0102.16
(4)"Buffer" means a natural or vegetated area as defined in 15A NCAC 02B .0202.17
(5)"CFR" means Code of Federal Regulations. All CFRs cited herein may be obtained at Government18
Institutes, Inc., 4 Research Place, Suite 200, Rockville, Md, 20850-1714 for a cost of thirty-six19
dollars ($36.00) each plus four dollars ($4.00) shipping and handling or at20
http://www.gpoaccess.gov/cfr/. Copies are also available for review at 512 North Salisbury Street,21
Raleigh, North Carolina 27604.22
(6)"Commission" as is defined in G.S. 143-212 or their delegate.23
(7)"Compliance boundary" is as defined in 15A NCAC 02L .0102.24
(8)"Deemed permitted" means that a facility is considered as having to have a needed permit and being25
to be compliant with the permitting requirements of G.S. 143-215.1(a), 143-215.1(a) even though it26
has not received an individual permit for its construction or operation.27
(9)"Department" as is defined in G.S. 143-212.28
(10)"Director" means the Director of the Division or its delegate.29
(11)"Division" means the Division of Water Quality Resources in the Department. All rules cited in this30
Section under the authority of the Division may be obtained at 512 North Salisbury Street, Raleigh,31
North Carolina 27604 or at the Division's web page at www.ncwaterquality.org at no charge.32
(12)"Effluent" means wastewater discharged following all treatment processes from a water pollution33
control facility following all treatment processes or from other point source whether treated or34
untreated.35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 166 of 525
(13)"Engineer" is means an individual who is currently licensed by the North Carolina Board of1
Examiners For Engineers and Land Surveyors or is authorized to practice under G.S. 89C as an2
engineer.3
(14)"EPA" means the United States Environmental Protection Agency.4
(15)"Ephemeral (stormwater) stream" means a stream as is defined in 15A NCAC 02B .0233.5
(16)"Essential treatment unit" means any unit associated with the wastewater treatment process whose6
loss would likely render the facility incapable of meeting the required performance criteria criteria,7
including aeration units or other main treatment units, clarification equipment, filters, disinfection8
equipment, pumps and blowers.9
(17)"General Permit" means a permit issued under pursuant to G.S. 143-215.1(b)(3), 143-215.1(b)(4) or10
143-215.10C.11
(18)"Groundwaters" means those waters in the saturated zone of the earth as is defined in 15A NCAC12
02L .0102.13
(19)"Groundwater standards" means groundwater standards as established in 15A NCAC 02L .0200.14
(20)"Industrial wastewater" means all wastewater other than sewage or animal waste waste, and15
includes:16
(a)wastewater resulting from any process of industry or manufacture, or from the development 17
of any natural resource;18
(b)wastewater resulting from processes of trade or business, including wastewater from19
laundromats and vehicle/equipment vehicle or equipment washes, but not excluding20
wastewater from restaurants;21
(c)stormwater that is contaminated with an industrial wastewater;22
(d)any combination of sewage and industrial wastewater;23
(e)municipal wastewater wastewater, unless it can be demonstrated to the satisfaction of the24
Division that the wastewater contains no industrial wastewater;25
(f)contaminated groundwater extracted as part of an approved groundwater remediation26
system approved by the Division in accordance with 15A NCAC 02L .0100.27
(21)"Intermittent stream" means a stream as is defined in 15A NCAC 02B .0233.28
(22)"NPDES" means National Pollutant Discharge Elimination System.29
(23)"Perennial stream" means a stream as is defined in 15A NCAC 02B .0233.30
(24)"Perennial waterbody" means a waterbody as is defined in 15A NCAC 02B .0233.31
(25)"Pollutant" means waste as defined in G.S. 143-213.32
(26)"Potable waters" means water as is defined in 15A NCAC 02L .0102.33
(27)"Private well" means any potable or irrigation well not directly controlled by a public authority or a34
public utility authorized by the North Carolina Public Utilities Commission. This may include a35
private individual or community well as defined in the public water supply rules contained codified36
in 15A NCAC 18C.37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 167 of 525
(28) "Professional engineer" means a person who is presently registered and licensed as a professional 1
engineer by the North Carolina Board of Examiners For Engineers and Land Surveyors. 2
(29) "Public or community sewage system" means a single system of sewage collection, treatment, or 3
disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer 4
authority, a county, a municipality or a public utility authorized to operate by the North Carolina 5
Utilities Commission. 6
(30) "Residuals" means any solid, semisolid, or liquid waste, other than effluent or residues from 7
agricultural products and processing, generated from a wastewater treatment facility, water supply 8
treatment facility or air pollution control facility permitted under the authority of the Commission. 9
(31) "Residues from agricultural products and processing" means solids, semi-solids or liquid residues 10
from food and beverage processing and handling; silviculture; agriculture; handling, silviculture, 11
agriculture, and aquaculture operations permitted under the authority of the Commission that are 12
non-toxic, non-hazardous and contain no domestic wastewater. 13
(32) "Restrictive horizon" is the layer in a soil profile that is capable of reducing the downward water 14
movement to the minimum rate, as evidenced by lowest saturated hydraulic conductivity among all 15
the soil layers. Restrictive horizon is often capable of perching ground water or wastewater effluent 16
and is characterized by accumulation of finer soil particles (such as aluminum, clay, iron, silica, 17
organic matter, or other compounds) or compaction due to heavy equipments. equipment. 18
(33) "Review boundary" is as defined in 15A NCAC 02L .0102. 19
(34) "Seasonal High Water Table" or "SHWT" is the highest level to which the soil is saturated, as may 20
be determined through the identification of redoximorphic features in the soil profile profile, 21
including low chroma mottling. This does not include temporary perched conditions. Alternatively, 22
the SHWT can also be determined from water level measurements or via soil/groundwater 23
modeling. 24
(35) "Secretary" as is defined in G.S. 143-212 or its delegate. and includes the Secretary's delegate. 25
(36) "Setback" means the minimum separation in linear feet, measured on a horizontal plane, required 26
between a treatment works, disposal system, or utilization system and [includes] physical features 27
such as building buildings, roads, property lines, or water bodies. 28
(37) "Sewage" means the liquid and solid human waste, waste and liquid waste generated by domestic 29
water-using fixtures and appliances, appliances from any residence, place of business, or place of 30
public assembly. Sewage does not include wastewater that is totally or partially industrial 31
wastewater, wastewater or any other wastewater not considered to be domestic waste. 32
(38) "Soil scientist" means an individual who is currently licensed or authorized to practice soil science 33
under pursuant to G.S. 89F by the North Carolina Board for Licensing of Soil Scientists. 34
(39) "Staff" means the staff of the Division. 35
(40) "Surface waters" means all waters as defined in G.S. 143-212 except underground waters. 36
(41) "Surface water standards" means surface water standards as established in 15A NCAC 02B .0200. 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 168 of 525
(42) "Technical specialist" means an individual designated by the Soil and Water Conservation 1
Commission, pursuant to rules adopted by that Commission, to certify animal waste management 2
plans or specific parts of a certified animal waste management plan. Commission to certify that the 3
planning, design and implementation of Best Management Practices, including all or part of an 4
animal waste management plan, meet the standards and specifications of the Soil and Water 5
Conservation Commission or the U.S. Department of Agriculture, Natural Resources Conservation 6
Service. 7
(43) "Toxicity test" means a test for toxicity conducted using the procedures contained in 40 CFR 261, 8
40 CFR 261.24 Appendix II [II,] which is hereby incorporated by reference including any 9
subsequent amendments and editions. 10
(44) "Treatment works or disposal system which that does not discharge to surface waters" means any 11
treatment works, facility, utilization system, or disposal system which is designed to: 12
(a) operate as closed system with no discharge to waters of the state, state; or 13
(b) dispose/utilize of dispose of or use wastes, including residuals, residues, contaminated soils 14
and animal waste, to on the surface of the land, land; or 15
(c) dispose of wastes through a subsurface disposal system pursuant to G.S. 143-16
215.1(b)(4).143-215.1(a4). 17
(45) "Waste oil" means any used nonhazardous petroleum product other than crankcase oil. Crankcase 18
oil mixed with other used nonhazardous petroleum products shall be considered as waste oil. 19
(46) "Wetlands" are "waters" as defined in G.S. 143-212 and are areas that are inundated or saturated by 20
an accumulation of surface or ground water as defined in 15A NCAC 02B .0202. 21
22
History Note: Authority G.S. 130A-335; 143-213; 143-215.3(a)(1); 23
Eff. September 1, 2006.2006; 24
Readopted Eff. September 1, 2018. 25
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 169 of 525
15A NCAC 02T .0104 is repealed as published in 32:06 NCR 527 as follows: 1
2
15A NCAC 02T .0104 ACTIVITIES WHICH REQUIRE A PERMIT 3
4
History Note: Authority G.S. 130A-335; 143-215.1; 143-215.3(a)(1); 5
Eff. September 1, 2006.2006; 6
Repealed Eff. September 1, 2018. 7
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 170 of 525
15A NCAC 02T .0105 is readopted with changes as published in 32:06 NCR 527-529 as follows: 1
2
15A NCAC 02T .0105 GENERAL REQUIREMENTS 3
(a) Jurisdiction. Applications for permits from the Division shall be made in accordance with this Rule. Applications 4
for permits under the jurisdiction of a local program shall be made in accordance with the requirements of the Division 5
approved Division-approved program. 6
(b) Applications. Application for a permit must shall be made on Division Division-approved forms completely filled 7
out, where applicable, and fully executed in the manner set forth in Rule .0106 of this Section. A processing fee as 8
described in G.S. 143-215.3D must shall be submitted with each application in the form of a check or money order 9
made payable to the Department. Applications shall be returned if incomplete. Sewer Permits for sewer line extensions 10
shall be applied for separately from treatment, utilization, and disposal systems. The Applicant applicant shall provide 11
adequate documentation to the Division to ensure that the proposed system will meet all design and performance 12
criteria as required under this Subchapter and other applicable rules, be operated as a non-discharge system, and protect 13
surface water and groundwater standards. Variances to this Subchapter or adopted design criteria must shall be 14
specifically requested in the application and, if approved pursuant to Paragraph (n) of this Rule, incorporated into the 15
permit. The Division may accept certification from a licensed or certified professional (e.g. Professional Engineers, 16
Licensed Soil Scientist, Licensed Geologist, Technical Specialist) that the design meets or exceeds minimum design 17
criteria applicable to the project. Division acceptance of certifications by the applicant or by licensed or certified 18
professionals preparing reports for the application shall not constitute approval of a variance to this Subchapter or 19
applicable minimum design and performance criteria unless specifically requested in the application and approved in 20
the permit. Division acceptance of certifications that were specifically requested by the Division to be provided with 21
the application from the Applicant or from licensed or certified professionals preparing reports for the application and 22
that were approved in the permit shall constitute approval of a variance to this Subchapter or to applicable minimum 23
design and performance criteria. 24
(c) Application packages for new and expanding facilities shall include the following items: 25
(1) The number of executed copies shall include the number necessary for each review office and one 26
additional copy. Additional copies shall be required if needed for federal and state grant and loan 27
projects. 28
(2) Reports, engineering plans, specifications, and calculations as required by the applicable rules of 29
this Subchapter. If prepared by licensed or certified professionals these reports shall be submitted 30
in accordance with the respective statutes and rules governing that profession. 31
(3) Operational agreements as required by Rule .0115 of this Section. 32
(4) For projects that require environmental documentation pursuant to the North Carolina 33
Environmental Policy Act, a final environmental document (Finding of No Significant Impact or 34
Record of Decision). 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 171 of 525
(5) A general scaled location map, showing orientation of the facility with reference to at least two 1
geographic references (e.g. numbered roads, named streams/rivers). (e.g. numbered roads, named 2
streams or rivers). 3
(6) Documentation that other directly related (i.e. needed to properly construct and operate the facilities 4
permitted under this Subchapter) environmental permit or certification applications are being 5
prepared, have been applied for, or have been obtained (e.g. 401 certifications, erosion and 6
sedimentation control plans, stormwater management plans). Documentation that other 7
environmental permit or certification applications that are needed to properly construct and operate 8
the facilities permitted under this Subchapter are being prepared, have been applied for, or have 9
been obtained (e.g. 401 certifications, erosion and sedimentation control plans, and stormwater 10
management plans). The Division shall consider the application incomplete or issue the permit 11
contingent on issuance of the dependent permits if issuance of other permits or certifications impact 12
the system permitted under this Subchapter. 13
(7) A description of the project including the origin, type and flow of waste to be treated. For industrial 14
processing facilities, a waste analysis extensive enough to allow a complete evaluation of the 15
system's capability to treat the waste and any potential impacts on the waters of the state shall be 16
included. 17
(8) Documentation of compliance with Article 21 Part 6 (Floodway Regulations) of Chapter 143 of the 18
General Statutes. 19
(9) Documentation as required by other applicable rule(s) rules in this Subchapter. 20
(10) Documentation of the presence or absence of threatened or endangered aquatic species utilizing 21
information provided by the Natural Heritage Program of the Department. This shall only apply to 22
the area whose boundary is encompassed by by, and for the purpose of of, the installation, operation, 23
and maintenance of facilities permitted herein (wastewater collection, treatment, storage, utilization, 24
or disposal). This documentation shall provide information on the need for permit conditions 25
pursuant to Paragraph (i) of this Rule. The Natural Heritage Program can be contacted at 26
http://www.ncnhp.org or write to Natural Heritage Program, 1601 Mail Service Center, Raleigh, 27
NC 27699-1601. 28
(d) Application packages for renewals shall include updated site plans, (if required as part of original submittal). 29
plans, if required as part of the original submittal. 30
(e) Application and annual Fees. 31
(1) Application Fee. For every application for a new or major modification of a permit under this 32
Section, a nonrefundable application processing fee in the amount provided in G.S. 143-215.3D 33
shall be submitted to the Division by the Applicant applicant at the time of application. For a facility 34
with multiple treatment units under a single permit, the application fee shall be set by the total design 35
treatment capacity. Modification fees shall be based on the projected annual fee for the facility. 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 172 of 525
(2)Annual Fees. An annual fee for administering and compliance monitoring shall be charged in each1
year of the term of every renewable permit according to the schedule in G.S. 143-215.3D(a). Annual2
fees must shall be paid for any facility operating on an expired permit that has not been rescinded3
or revoked by the Division. Permittees shall be billed annually by the Division. A change in the4
facility which changes the annual fee shall result in the revised annual fee being billed effective with5
the next anniversary date.6
(3)Failure to pay an annual fee within 30 days after being billed shall be cause for the Division to7
revoke the permit.8
(f) Designs for facilities permitted under this Section shall use the practicable waste treatment and disposal alternative9
with the least adverse impact on the environment in accordance with G.S. 143-215.1(b)(2). 10
(g) In order to protect Publicly Owned Treatment Works, the The Division shall incorporate pretreatment11
requirements under 15A NCAC 2H 02H .0900 into the permit. 12
(h) Setbacks and required separation distances shall be provided as required by individual rules in this Subchapter.13
Setbacks to streams (perennial and intermittent), perennial and intermittent streams, perennial waterbodies, and 14
wetlands shall be determined using the methodology set forth in 15A NCAC 02B .0233(4)(a). Setbacks to wells are 15
for shall apply to those wells outside the compliance boundary. Where If wells and subsurface groundwater lowering 16
drainage systems would otherwise be inside the compliance boundary as established in 15A NCAC 02L .0107, the 17
Applicant applicant may request the compliance boundary be established closer to the waste disposal area and this 18
shall be granted provided the groundwater standards can be met at the newly established compliance boundary. 19
(i) Permits may shall provide specific conditions to address the protection of threatened or endangered aquatic species20
as provided in plans developed pursuant in 15A NCAC 02B .0110 if the construction and operation of the facility 21
directly impacts such species. 22
(j) TheExcept as otherwise required by Rule .1306 in this Subchapter, the Permittee permittee shall keep permits23
active comply with all permit conditions and requirements until the waste treatment systems authorized by the permit 24
are properly closed or subsequently permitted under another permit issued by the appropriate permitting authority for 25
that activity. 26
(k) Monitoring of waste and surface waters shall be in accordance with 15A NCAC 02B .0505 except as otherwise27
provided by specific applicable rules in this Subchapter. 28
(l) Reporting shall be in accordance with 15A NCAC 02B .0506 except as otherwise provided by specific applicable29
rules in this Subchapter. 30
(m) Monitoring of groundwater shall be in accordance with Sections 15A NCAC 02L .0100 and 15A NCAC 02C31
.0100 except as otherwise provided by specific applicable rules in this Subchapter. 32
(n) The Director shall approve alternative Design Criteria and Application Submittal requirements in cases where the33
Applicant applicant can demonstrate that the alternative design criteria will provide the following: provide: 34
(1)equal or better treatment of the waste;35
(2)equal or better protection of the waters of the state; and36
(3)no increased potential for nuisance conditions from noise, odor or vermin.37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 173 of 525
(o) The Permittee shall retain the [Division approved] Division-approved plans and specifications for the life of the 1
facility. 2
3
History Note: Authority G.S. 143-215.1; 143-215.3(a); 4
Eff. September 1, 2006.2006; 5
Readopted Eff. September 1, 2018. 6
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 174 of 525
15A NCAC 02T .0106 is readopted as published in 32:06 NCR 529 as follows: 1
2
15A NCAC 02T .0106 SUBMISSION OF PERMIT APPLICATIONS 3
(a) Permit applications, supporting information, and processing fee for permits issued by the Division shall be filed 4
with the Division. Applications for permits from a Division approved Division-approved local permitting program 5
shall be submitted directly to the local program director. Division permit processing fees are not shall not be required 6
for permits issued by delegated local permitting programs. 7
(b) Permit applications shall be signed as follows: 8
(1) in the case of corporations, by a principal executive officer of at least the level of vice-president, 9
vice-president or his authorized representative; 10
(2) in the case of a partnership or a limited partnership, by a general partner; 11
(3) in the case of a sole proprietorship, by the proprietor; 12
(4) in the case of a municipal, state, or other public entity entity, by either an executive officer, elected 13
official in the highest level of elected office, or other authorized employee. 14
(c) Delegation of authority to sign permit applications to other authorized employees or any employee in a specific 15
position (i.e. signing officials) shall be provided in letter format writing to the Division and signed by an authorized 16
person pursuant to Paragraph (b) of this Rule. The delegation may be for a specific permit application or more general 17
for certain or all types of water quality permits. The letter shall identify the extent of delegation. 18
19
History Note: Authority G.S. 143-215.3(a)(1); 143-215.1; 20
Eff. September 1, 2006.2006; 21
Readopted Eff. September 1, 2018. 22
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 175 of 525
15A NCAC 02T .0107 is readopted as published in 32:06 NCR 529 as follows: 1
2
15A NCAC 02T .0107 STAFF REVIEW AND PERMIT PREPARATION 3
(a) The staff of the Division shall conduct a review of plans, specifications and other project data accompanying the 4
application and shall determine if the application and required information are complete. The staff shall acknowledge 5
receipt of a complete application except for fast-track sewer applications. The local government unit or units having 6
jurisdiction over specific residential projects shall be notified of permit applications in accordance with G.S. 7
143-215.1(d1). 8
(b) If the application is not complete with does not include all required information and the application fee, the 9
application shall be returned to the Applicant. applicant. The staff shall advise the applicant by mail: Applicant: 10
(1) how the application or accompanying supporting information may be modified to make it acceptable 11
or complete; for review; and 12
(2) that the 90 day processing period required in G.S. 143-215.1 and Rule .0108 of this Section begins 13
upon receipt of a corrected or complete application with required supporting information. 14
(c) Pursuant to G.S. 143-215.67(a), the staff of the Division shall determine for sewer system construction or sewer 15
system extensions, whether the treatment works or the sewer system to which the proposed system will discharge is 16
adequate to receive waste which will be discharged from the proposed system. In reviewing a permit application for 17
sewer system construction or sewer system extensions, the staff of the Division shall determine whether the treatment 18
works or the sewer system to which the proposed system will discharge is adequate to receive waste which will be 19
discharged from the proposed system, pursuant to G.S. 143-215.67(a). 20
(d) In reviewing a permit application for For new and expanding treatment works and disposal systems, the staff shall 21
make a site-specific evaluation to determine the potential impacts of the proposed project on surface and ground water 22
quality. The Applicant shall applicant must make the site accessible to the Division. 23
(e) If an application is accepted and later found to be incomplete, the Applicant applicant shall be advised how the 24
application or accompanying supporting information may be modified to make it acceptable or complete. The staff 25
shall advise the applicant by mail: Applicant: 26
(1) that the 90 day processing period required in G.S. 143-215.1(d) and Rule .0108 of this Section 27
begins on the date the additional information is received; and 28
(2) that if all required information is not submitted within 30 days, the project will be returned as 29
incomplete. Any resubmittal of a returned application must shall be accompanied with a new 30
application fee. 31
32
History Note: Authority G.S. 143-215.1(b); 143-215.1(d); 143-215.3(a)(1); 143-215.3(a)(4); 33
Eff. September 1, 2006.2006; 34
Readopted Eff. September 1, 2018. 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 176 of 525
15A NCAC 02T .0108 is readopted with changes as published in 32:06 NCR 529-530 as follows: 1
2
15A NCAC 02T .0108 FINAL ACTION ON PERMIT APPLICATIONS TO THE DIVISION 3
(a) The Director shall take final action on all applications not later than 90 days following receipt of a complete 4
application and with together with all required information. All permits or permits, renewals of permits permits, and 5
decisions denying permits or renewals shall be in writing. 6
(b) The Director may: shall: 7
(1) issue a permit permit: 8
(A) containing such conditions as are necessary to effectuate the purposes of Article 21, 9
Chapter 143 of the General Statutes; and 10
(2)(B) issue a permit containing time schedules for achieving compliance with applicable effluent 11
standards and limitations, surface water or groundwater standards and other legally 12
applicable requirements; 13
(2)(3) deny a permit application where if necessary to effectuate: 14
(A) the purposes of Article 21, Chapter 143; 15
(B) the purposes of G.S. 143-215.67(a); or 16
(C) rules on coastal waste treatment, disposal, found in Section 15A NCAC 02H .0400; 17
(C)(D) rules on groundwater quality standards found in Subchapter 02L of this Chapter. Chapter; 18
or 19
(3)(4) hold public meetings when necessary to obtain additional information needed to complete the review 20
of the application. The application shall be considered as incomplete until the close of the meeting 21
record. 22
(c) The Division may require any monitoring and reporting requirements, including groundwater, surface water or 23
wetlands, waste, wastewater, sludge, residuals, soil, treatment process, lagoon/storage pond, and plant tissue, 24
necessary to determine the source, quantity and quality of the waste and its effect upon the surface water, ground 25
waters or wetlands. All reports must shall be submitted on Division supplied Division-supplied forms or forms 26
approved by the Division as providing the same information as required by the Division's forms. 27
(d) If a permit is denied, the letter of denial shall state the reason(s) reason for denial and any reasonable measures 28
which the Applicant applicant may take to make the application approvable. 29
(e) All permits requiring an annual fee shall be issued for a time period not to exceed five eight years.years, except 30
for those permits subject to Sections .1300 and .1400 of this Subchapter, which shall not exceed five years. 31
32
History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215.1(d); 143-215.3(a)(1); 33
Eff. September 1, 2006.2006; 34
Readopted Eff. September 1, 2018. 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 177 of 525
15A NCAC 02T .0109 is readopted as published in 32:06 NCR 530 as follows 1
2
15A NCAC 02T .0109 PERMIT RENEWALS 3
Requests for permit renewals shall be submitted to the Director at least 180 days prior to expiration unless the permit 4
has been revoked by the Director in accordance with Rule .0110 of this Section or a request has been made to rescind 5
the permit. Renewal requests shall be made in accordance with Rule .0105 and Rule .0106 of this Section. 6
7
History Note: Authority G.S. 143-215.3(a)(1); 8
Eff. September 1, 2006. 2006; 9
Readopted Eff. September 1, 2018. 10
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 178 of 525
15A NCAC 02T .0110 is readopted as published in 32:06 NCR 530 as follows: 1
2
15A NCAC 02T .0110 MODIFICATION AND REVOCATION OF PERMITS 3
Any A permit issued by the Division pursuant to this Subchapter is subject to revocation , or modification upon 60 4
days notice by the Director in whole or part for: the following reasons: 5
(1) violation of any terms or conditions of the permit; permit or this Subchapter; 6
(2) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; 7
(3) refusal of the Permittee permittee to allow authorized employees of the Department upon 8
presentation of credentials: 9
(a) to enter upon Permittee's permittee's premises on which a system is located in which any 10
records are required to be kept under terms and conditions of the permit; 11
(b) to have access to any documents and records required to be kept under terms and conditions 12
of the permit; 13
(c) to inspect any monitoring equipment or method required in the permit; or 14
(d) to sample any pollutants. pollutants; 15
(4) failure to pay the annual fee for administering and compliance monitoring. monitoring; or 16
(5) a determination by the Division that the conditions of the permit are in conflict with Administrative 17
Code or Statute. 18
19
History Note: Authority G.S. 143-215.1(b)(2.); 143-215.3(a)(1); 20
Eff. September 1, 2006.2006; 21
Readopted Eff. September 1, 2018. 22
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 179 of 525
15A NCAC 02T .0111 is readopted with changes as published in 32:06 NCR 530-531 as follows: 1
2
15A NCAC 02T .0111 CONDITIONS FOR ISSUING GENERAL PERMITS 3
(a) In accordance with the provisions of G.S. 143-215.1(b), (c) and (d), general permits may be developed by the 4
Division and issued by the Director for categories of activities covered by this Subchapter. General permits may be 5
written for categories of activities that involve the same or substantially similar operations, have similar treated waste 6
characteristics, require the same limitations or operating conditions, and require the same or similar monitoring. After 7
issuance of a general permit by the Director, persons operating facilities described by the general permit may request 8
coverage under it, and the Director or his designee may grant appropriate certification. All individual operations which 9
receive a "Certificate of Coverage" under a general permit are permitted under the specific general permit for which 10
the coverage was issued. A Certificate of Coverage shall mean that approval is given to facilities that meet the 11
requirements of coverage under the general permit. Persons operating facilities covered under general permits 12
developed in accordance with this Rule shall be subject to the same limits, conditions, management practices, 13
enforcement authorities, and rights and privileges as specified in the general permit. After issuance of a general permit 14
by the Director pursuant to G.S. 143-215.1(b), (c) or (d), persons operating facilities described by the general permit 15
may request coverage under it. An operation that receives a "Certificate of Coverage" under a general permit shall be 16
permitted under the general permit for which the coverage was issued. A Certificate of Coverage shall mean that 17
approval is given to facilities that meet the requirements of coverage under the general permit. Persons operating 18
facilities covered under general permits developed in accordance with this Rule shall be subject to the same limits, 19
conditions, management practices, enforcement authorities, and rights and privileges specified in the general permit. 20
(b) Upon development of a draft general permit, the Director shall publicly notice under G.S. 143-215.4 (b)(1) and 21
(2), at least 30 days prior to final action, an intent to issue the general permit. Upon development of a draft general 22
permit, the Director shall publicly notice an intent to issue the general permit, pursuant to G.S. 143-215.4 (b)(1) and 23
(2), at least 30 days prior to final action. A one time publication of the notice in a newspaper having general circulation 24
in the geographic areas affected by the proposed permit shall be required. The notice shall provide the name, address 25
and phone number of the Division, a brief description of the intended action, and a brief description of the procedures 26
for the formulation of final determinations, including a 30-day comment period and other means by which interested 27
persons may comment upon the determinations. 28
(c) No provisions in any general permit issued under this Rule shall be interpreted as allowing to allow the Permittee 29
permittee to violate state surface water standards, groundwater standards outside a Compliance Boundary established 30
in accordance with 15A NCAC 02L .0107, or other applicable environmental Rules. Construction of new water supply 31
wells for human consumption shall be prohibited within Compliance Boundaries for facilities covered under general 32
permits issued under this Section. General permits issued pursuant to this Rule shall be considered individual permits 33
for purposes of Compliance Boundaries established under 15A NCAC 02L .0107. 34
(d) To obtain an individual a Certificate of Coverage, a Notice of Intent to be covered by the general permit must 35
shall be given by the Applicant applicant to the Division using forms provided by the Division. Division-approved 36
forms. Coverage under the general permit shall be granted unless the Director makes a determination under Paragraph 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 180 of 525
(h) of this Rule that an individual permit is required. If all requirements of Paragraph (h) are not met, an individual 1
permit application and full application review procedure shall be required. 2
(e) General permits A general permit shall be effective for a term not to exceed five years eight years, at the end of 3
which the Division may renew them. it. The Division shall satisfy public notice requirements specified in Paragraph 4
(b) of this Rule prior to renewal of a general permit. permits. If the Division does not renew a general permit, all 5
operations covered under that general permit shall be notified to submit applications for individual permits. 6
(f) Anyone engaged in activities covered by the general permit rules rules, but not permitted in accordance with this 7
Subchapter shall be in violation of G.S. 143-215.1. 8
(g) Any individual covered or considering coverage under a general permit may choose to pursue an individual permit 9
for any operation covered by this Rule. 10
(h) The Director may require any person, otherwise eligible for coverage under a general permit, to apply for an 11
individual permit by notifying that person that an application is required. Notification shall consist of a written 12
description of the reason(s) reason for the decision, appropriate permit application forms and application instructions, 13
a statement establishing the required date for submission of the application, and a statement informing the person that 14
coverage by the general permit shall automatically terminate upon issuance of the individual permit. Reasons for 15
requiring application for an individual permit include: 16
(1) the operation is a significant contributor of pollutants to the waters of the state; 17
(2) conditions at the permitted site change, altering the constituents or characteristics of the wastewater 18
such that the operation no longer qualifies for coverage under a general permit; 19
(3) noncompliance with the general permit; 20
(4) noncompliance with the Commission rules in this Chapter; 21
(5) a change has occurred in the availability of demonstrated technology or practices for the control or 22
abatement of pollutants applicable to the operation; 23
(6) a determination by the Division that there has been or is the potential to have a direct discharge of 24
wastewater, sludge wastewater or residuals to waters of the state; or 25
(7) the system has been allowed to deteriorate or leak such that it poses an immediate threat to the 26
environment. 27
(i) General permits or individual Certificate of Coverages may be modified, terminated, or revoked and reissued in 28
accordance with the authority and requirements of rules of this Subchapter. 29
30
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 143-215.10C; 31
Eff. September 1, 2006.2006; 32
Readopted Eff. September 1, 2018. 33
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 181 of 525
15A NCAC 02T .0112 is readopted as published in 32:06 NCR 531 as follows: 1
2
15A NCAC 02T .0112 DELEGATION OF AUTHORITY 3
For permits issued by the Division, the Director is authorized to delegate any or all of the functions contained in the 4
rules of this Subchapter except the following: 5
(1) denial of a permit application; 6
(2) revocation of a permit not requested by the permittee; Permittee; and 7
(3) modification of a permit not requested by the permittee. Permittee. 8
9
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4); 10
Eff. September 1, 2006.2006; 11
Readopted Eff. September 1, 2018. 12
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 182 of 525
15A NCAC 02T .0113 is readopted with changes as published in 32:06 531-533 as follows: 1
2
15A NCAC 02T .0113 PERMITTING BY REGULATION 3
(a) The following disposal systems as well as those in Permitting By Regulation rules in this Subchapter (i.e., Rules 4
.0203, .0303, .0403, .1003, .1103, .1203, .1303, .1403, and .1503) are shall be deemed to be permitted pursuant to G.S. 5
143-215.1(b) 143-215.1(b), and it shall not be necessary for the Division to issue individual permits or coverage under 6
a general permit for construction or operation of the following disposal systems provided the system does not result 7
in any violations of surface water or groundwater standards, there is no direct discharge to surface waters, and all 8
criteria required for the specific system is are met: 9
(1) Swimming pool and spa filter backwash and drainage, filter backwash from aesthetic fountains, and 10
filter backwash from commercial or residential water features such as garden ponds or fish ponds 11
ponds, that is discharged to the land surface; 12
(2) Backwash from raw water intake screening devices that is discharged to the land surface; 13
(3) Condensate from residential or commercial air conditioning units that is discharged to the land 14
surface; 15
(4) Discharges to the land surface from individual non-commercial car washing operations; 16
(5) Discharges to the land surface from flushing and hydrostatic testing water associated with utility 17
distribution systems, new sewer extensions or new reclaimed water distribution lines; 18
(6) Street wash water that is discharged to the land surface; 19
(7) Discharges to the land surface from firefighting fire fighting activities; 20
(8) Discharges to the land surface associated with emergency removal and treatment activities for 21
spilled oil authorized by the federal or state on-scene coordinator when such removals are 22
undertaken to minimize overall environmental damage due to an oil spill; 23
(9) Discharges to the land surface associated with biological or chemical decontamination activities 24
performed as a result of an emergency declared by the Governor or the Director of the Division of 25
Emergency Management and that are conducted by or under the direct supervision of the federal or 26
state on-scene coordinator and that meet the following criteria: 27
(A) the volume produced by the decontamination activity is too large to be contained onsite; 28
(B) the Division is informed prior to commencement of the decontamination activity; and 29
(C) the wastewater is not radiologically contaminated or classified as hazardous waste; 30
(10) Drilling muds, cuttings and well water from the development of wells or from other construction 31
activities activities, including directional boring, except such wastes generated in the construction 32
and development of oil and gas wells regulated by Article 27 of G.S. 113; 33
(11) Purge water from groundwater monitoring wells; 34
(12) Composting facilities for dead animals, [animals] animal mortality if the construction and operation 35
of the facilities is approved by the North Carolina Department of Agriculture and Consumer 36
Services; the facilities are constructed on an impervious, weight-bearing foundation, operated under 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 183 of 525
a roof; and the facilities are approved by the State Veterinarian pursuant to G.S. 106-403;106-403. 1
In the event of an imminent threat of a contagious animal disease, any emergency measure or 2
procedure related to composting of animal mortality pursuant to G.S. 106-399.4(a); 3
(13) Overflow from elevated potable water storage facilities; 4
(14) Mobile carwashes if: 5
(A) all detergents used are biodegradable; 6
(B) no steam cleaning, engine or parts cleaning is being conducted; 7
(C) notification is made prior to operation by the owner to the municipality or if not in a 8
municipality then the county where the cleaning service is being provided; and 9
(D) all non-recyclable washwater is collected and discharged into a sanitary sewer or 10
wastewater treatment facility facility, upon approval of the facility's owner. owner, such 11
that no ponding or runoff of the washwater occurs; 12
(15) Mine tailings where if no chemicals are used in the mining process; 13
(16) Mine dewatering where if no chemicals are used in the mining process; and 14
(17) Wastewater created from the washing of produce, with no further processing on-site, on farms where 15
the wastewater is irrigated onto fields so as not to create runoff or cause a discharge. discharge; and 16
(18) Discharges to the land surface of less than 5,000 gallons per week of backwash water from 17
greensand filters, not including conventional filters, reverse osmosis, and ion exchange filters, at 18
potable water wells, provided ponding or runoff does not occur and the backwash does not [contain 19
radioactive material] exceed the Maximum Contaminant Level (MCL) for radionuclides or arsenic; 20
and 21
(19) Discharges to the land surface of less than 350 gallons per week of backwash water from reverse 22
osmosis, ion exchange filters, greensand filters at private drinking water wells, [wells serving single-23
family residences,] provided ponding or runoff does not occur. 24
(b) Nothing in this Rule shall be deemed to allow the violation of any assigned surface water, groundwater, or air 25
quality standards, and in addition any such violation shall be considered a violation of a condition of a permit. Further, 26
nothing in this Rule shall be deemed to apply to or permit disposal systems for which a state National Pollutant 27
Discharge Elimination System permit is otherwise required. 28
(c) Any violation of this Rule or any discharge to surface waters from the disposal systems listed in Paragraph (a) of 29
this Rule or the activities listed in other Permitted By Regulation rules in this Subchapter shall be reported in 30
accordance with 15A NCAC 02B .0506. 31
(d) Disposal systems deemed permitted under this Subchapter shall remain deemed permitted, notwithstanding any 32
violations of surface water or groundwater standards or violations of this Rule or other Permitted By Regulation rules 33
in this Subchapter, until such time as the Director determines that they shall not be deemed permitted in accordance 34
with the criteria established in this Rule. 35
(e) The Director may determine that a disposal system should shall not be deemed to be permitted in accordance with 36
this Rule or other Permitted By Regulation rules in this Subchapter and require the disposal system to obtain an 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 184 of 525
individual permit or a certificate of coverage under a general permit. This determination shall be made based on 1
existing or projected environmental impacts, compliance with the provisions of this Rule or other Permitted By 2
Regulation rules in this Subchapter, and the compliance history of the facility owner. 3
4
History Note: Authority G.S. 130A-300; 143-215.1(a)(1); 143-215.1(b)(4)(e); 143-215.3(a); 5
Eff. September 1, 2006; 6
Amended Eff. March 19, 2015; June 18, 2011.2011; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 185 of 525
15A NCAC 02T .0114 is readopted with changes as published in 32:06 NCR 533-535 as follows: 1
2
15A NCAC 02T .0114 WASTEWATER DESIGN FLOW RATES 3
(a) This Rule shall be used to determine wastewater flow rates for all systems covered governed by this Subchapter 4
unless alternate criteria are provided by a program specific program-specific rule and or for flow used for the purposes 5
of 15A NCAC 02H .0105. These are minimum design daily flow rates for normal use and occupancy situations. Higher 6
flow rates may be required where usage and occupancy are atypical, including, including those in Paragraph (e) of 7
this Rule. Wastewater flow calculations must shall take hours of operation and anticipated maximum 8
occupancies/usage occupancies and usage into account when calculating peak flows for design. 9
(b) In determining the volume of sewage from dwelling units, the flow rate shall be 120 gallons per day per bedroom. 10
The minimum volume of sewage from each dwelling unit shall be 240 gallons per day and each additional bedroom 11
above two bedrooms shall increase the volume by 120 gallons per day. Each bedroom or any other room or addition 12
that can reasonably be expected to function as a bedroom shall be considered a bedroom for design purposes. When 13
the occupancy of a dwelling unit exceeds two persons per bedroom, the volume of sewage shall be determined by the 14
maximum occupancy at a rate of 60 gallons per person per day. 15
(c) The following table shall be used to determine the minimum allowable design daily flow of wastewater facilities. 16
Design flow rates for establishments not identified below shall be determined using available flow data, water-using 17
fixtures, occupancy or operation patterns, and other measured data. 18
19
Type of Establishments Daily Flow For Design 20
Barber and beauty shops 21
Barber Shops 50 gal/chair 22
Beauty Shops 125 gal/booth or bowl 23
Businesses, offices and factories 24
General business and office facilities 25 gal/employee/shift 25
Factories, excluding industrial waste 25 gal/employee/shift 26
Factories or businesses with showers or food preparation 35 gal/employee/shift 27
Warehouse 100 gal/loading bay 28
Warehouse – self storage (not including caretaker residence) 1 gal/unit 29
Churches 30
Churches without kitchens, day care or camps 3 gal/seat 31
Churches with kitchen 5 gal/seat 32
Churches providing day care or camps 25 gal/person (child & employee) 33
Fire, rescue and emergency response facilities 34
Fire or rescue stations without on site staff 25 gal/person 35
Fire or rescue stations with on-site staff 50 gal/person/shift 36
Food and drink facilities 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 186 of 525
Banquet, dining hall 30 gal/seat 1
Bars, cocktail lounges 20 gal/seat 2
Caterers 50 gal/100 sq ft floor space 3
Restaurant, full Service 40 gal/seat 4
Restaurant, single service articles 20 gal/seat 5
Restaurant, drive-in 50 gal/car space 6
Restaurant, carry out only 50 gal/100 sq ft floor space 7
Institutions, dining halls 5 gal/meal 8
Deli 40 gal/100 sq ft floor space 9
Bakery 10 gal/100 sq ft floor space 10
Meat department, butcher shop or fish market 75 gal/100 sq ft floor space 11
Specialty food stand or kiosk 50 gal/100 sq ft floor space 12
Hotels and Motels 13
Hotels, motels and bed & breakfast facilities, 14
without in-room cooking facilities 120 gal/room 15
Hotels and motels, with in-room cooking facilities 175 gal/room 16
Resort hotels 200 gal/room 17
Cottages, cabins 200 gal/unit 18
Self service laundry facilities 500 gal/machine 19
Medical, dental, veterinary facilities 20
Medical or dental offices 250 gal/practitioner/shift 21
Veterinary offices (not including boarding) 250 gal/practitioner/shift 22
Veterinary hospitals, kennels, animal boarding facilities 20 gal/pen, cage, kennel or stall 23
Hospitals, medical 300 gal/bed 24
Hospitals, mental 150 gal/bed 25
Convalescent, nursing, rest homes without laundry facilities 60 gal/bed 26
Convalescent, nursing, rest homes with laundry facilities 120 gal/bed 27
Residential care facilities 60 gal/person 28
Parks, recreation, camp grounds, R-V parks and other outdoor activity facilities 29
Campgrounds with comfort station, without 30
water or sewer hookups 75 gal/campsite 31
Campgrounds with water and sewer hookups 100 gal/campsite 32
Campground dump station facility 50 gal/space 33
Construction, hunting or work camps with flush toilets 60 gal/person 34
Construction, hunting or work camps with chemical or 35
portable toilets 40 gal/person 36
Parks with restroom facilities 250 gal/plumbing fixture 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 187 of 525
Summer camps without food preparation or laundry facilities 30 gal/person 1
Summer camps with food preparation and laundry facilities 60 gal/person 2
Swimming pools, bathhouses and spas 10 gal/person 3
Public access restrooms 325 gal/plumbing fixture 4
Schools, preschools and day care 5
Day care and preschool facilities 25 gal/person (child & employee) 6
Schools with cafeteria, gym and showers 15 gal/student 7
Schools with cafeteria 12 gal/student 8
Schools without cafeteria, gym or showers 10 gal/student 9
Boarding schools 60 gal/person (student & employee) 10
Service stations, car wash facilities 11
Service stations, gas stations 250 gal/plumbing fixture 12
Car wash facilities (if recycling water see Rule .0235) 1200 gal/bay 13
Sports centers 14
Bowling center 50 gal/lane 15
Fitness, exercise, karate or dance center 50 gal/100 sq ft 16
Tennis, racquet ball 50 gal/court 17
Gymnasium 50 gal/100 sq ft 18
Golf course with only minimal food service 250 gal/plumbing fixture 19
Country clubs 60 gal/member or patron 20
Mini golf, putt-putt 250 gal/plumbing fixture 21
Go-kart, motocross 250 gal/plumbing fixture 22
Batting cages, driving ranges 250 gal/plumbing fixture 23
Marinas without bathhouse 10 gal/slip 24
Marinas with bathhouse 30 gal/slip 25
Video game arcades, pool halls 250 gal/plumbing fixture 26
Stadiums, auditoriums, theaters, community centers 5 gal/seat 27
Stores, shopping centers, malls and flea markets 28
Auto, boat, recreational vehicle dealerships/showrooms 29
with restrooms 125 gal/plumbing fixture 30
Convenience stores, with food preparation 60 gal/100 sq ft 31
Convenience stores, without food preparation 250 gal/plumbing fixture 32
Flea markets 30 gal/stall 33
Shopping centers and malls with food service 130 gal/1000 sq ft 34
Stores and shopping centers without food service 100 gal/1000 sq ft 35
Transportation terminals – air, bus, train, ferry, port and dock 5 gal/passenger 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 188 of 525
(d) Design daily flow rates for proposed non-residential developments where the types of use and occupancy are not 1
known shall be designed for a minimum of 880 gallons per acre acre, or the Applicant applicant shall specify an 2
anticipated flow based upon anticipated or potential uses. 3
(e) Conditions applicable to the use of the above design daily flow rates: 4
(1) For restaurants, convenience stores, service stations and public access restroom facilities, higher 5
design daily flow rates shall be required based on higher expected usage where use is increased 6
because of its proximity to highways, malls, beaches, or other similar high use areas. 7
(e)(2) Residential property on barrier islands and similar communities located south or east of the Atlantic Intracoastal 8
Waterway and used as vacation rental as defined in G.S. 42A-4 shall use 120 gallons per day per habitable room. 9
Habitable room shall mean a room or enclosed floor space used or intended to be used for living or sleeping, excluding 10
kitchens and dining areas, bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, 11
connecting corridors, closets, and storage spaces. 12
(f) An adjusted daily sewage flow design rate shall be granted for permitted but not yet tributary connections and 13
future connections tributary to the system upon showing that the capacity of a sewage system is adequate to meet 14
actual daily wastewater flows from a facility included in Paragraph (b) or (c) of this Rule without causing flow 15
violations at the receiving wastewater treatment plant or capacity related capacity-related sanitary sewer overflows 16
within the collection system as follows: 17
(1) Documented, representative data from that facility or a comparable facility shall be submitted by an 18
authorized signing official in accordance with Rule .0106 of this Section to the Division as follows 19
for all flow reduction request: requests, as follows: 20
(A) Dates of flow meter calibrations during the time frame evaluated and indication if any 21
adjustments were necessary. 22
(B) A breakdown of the type of connections (e.g. two bedroom units, three bedroom units) and 23
number of customers for each month of submitted data as applicable. Identification of any 24
non-residential connections including subdivision clubhouses/pools, clubhouses and pools, 25
restaurants, schools, churches and businesses. For each non-residential connection, 26
information as identified in Paragraph (c) of this Rule (e.g. 200 seat church, 40 seat 27
restaurant, 35 person pool bathhouse). 28
(C) Owner of the collection system. A letter of agreement from the owner or an official, 29
meeting the criteria of Rule .0106 of this [Subchapter,] Section of the receiving collection 30
system or treatment works accepting the wastewater and agreeing with the adjusted design 31
rate. 32
(D) Age of the collection system. 33
(E) Analysis of inflow and infiltration within the collection system or receiving treatment plant, 34
as applicable. 35
(F) Where If a dedicated wastewater treatment plant serves the specific area and is 36
representative of the residential wastewater usage, at least the 12 most recent consecutive 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 189 of 525
monthly average wastewater flow readings and the daily total wastewater flow readings for 1
the highest average wastewater flow month per customers customers, as reported to the 2
Division. 3
(G) Where If daily data from a wastewater treatment plant cannot be utilized used or is not 4
representative of the project area: at least 12 months worth of monthly average wastewater 5
flows from the receiving treatment plant shall be evaluated to determine the peak sewage 6
month. Daily wastewater flows shall then be taken from a flow meter installed at the most 7
downstream point of the collection area for the peak month selected that is representative 8
of the project area. Justification for the selected placement of the flow meter shall also be 9
provided. 10
(H) An estimated minimum design daily sewage flow rate shall be taken determined by 11
calculating the numerical average of the top three daily readings for the highest average 12
flow month. The calculations shall also account for seasonal variations, excessive inflow 13
and infiltration, age and suspected meter reading/recording reading and recording errors. 14
(2) The Division shall evaluate all data submitted but shall also consider other factors in granting, with 15
or without adjustment, or denying a flow reduction request including: applicable weather conditions 16
during the data period (i.e. rainy or drought), other historical monitoring data for the particular 17
facility or other similar facilities available to the Division, the general accuracy of monitoring 18
reports and flow meter readings, and facility usage (i.e., resort area). 19
(3) Flow increases shall be required if the calculations in Subparagraph (f)(1) of this Rule yield design 20
flows higher than that specified in Paragraphs (b) or (c) of this Rule. 21
(4) The Permittee applicant/owner shall retain the letter of any approved adjusted daily design flow rate 22
for the life of the facility and shall transfer such letter to any future Permittee. new system owner. 23
24
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 25
Eff. September 1, 2006.2006; 26
Readopted Eff. September 1, 2018. 27
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 190 of 525
15A NCAC 02T .0115 is readopted as published in 32:06 NCR 535-536 as follows: 1
2
15A NCAC 02T .0115 OPERATIONAL AGREEMENTS 3
(a) Prior to issuance or reissuance of a permit pursuant to this Subchapter for a wastewater facility or sewer extension 4
as specified in G.S. 143-215.1(d1), a private applicant shall provide evidence with the permit application: Applicant 5
shall: 6
(1) To show Demonstrate that the Applicant applicant has been designated as a public utility by the 7
North Carolina Utilities Commission and is authorized to provide service to the specific project area. 8
This may be a Certificate of Public Convenience and Necessity or letter from the Public Staff; or 9
(2) Enter into and submit an executed Operational Agreement pursuant to G.S. 143-215.1(d1) with the 10
Division. 11
(b) Where If the Applicant applicant is not a Homeowner's or Property Owner's Association, developer of lots to be 12
sold, an executed Operational Agreement must shall be submitted with the permit application. A copy of the Articles 13
of Incorporation, Declarations and By-laws shall be submitted to the Division Division, as required by 15A NCAC 14
02T .0116, with the engineer's certification as required by 15A NCAC 02T .0116 and prior to operation of the 15
permitted facilities. 16
(c) For permit applications where If the Applicant applicant is a legally formed Homeowners' or Property Owner's 17
Association, an executed Operational Agreement and a copy of the Articles of Incorporation, Declarations and By-18
laws shall be submitted to the Division with the permit application. 19
(d) An Operational Agreement is required prior to donation to a public utility or municipality unless the applicant is 20
the respective municipality or public utility. The Operational Agreement shall become void upon transferring the 21
permit to the public utility or municipality via a change of ownership request to the Division and permit issuance into 22
the new owner name. 23
24
History Note: Authority G.S. 143-215.1(d1); 25
Eff. September 1, 2006.2006; 26
Readopted Eff. September 1, 2018. 27
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 191 of 525
15A NCAC 02T .0116 is readopted as published in 32:06 NCR 536 as follows: 1
2
15A NCAC 02T .0116 CERTIFICATION OF COMPLETION 3
(a) Prior to the operation of any sewer system, treatment works, utilization system, or disposal system for which an 4
individual permit has been issued in accordance with this Subchapter and the application prepared by licensed 5
professional, a certification must shall be received by the Division from a professional certifying that the sewer system, 6
treatment works, utilization system, or disposal system has been installed in accordance with the rules, any minimum 7
design criteria except as noted, and approved plans and specifications. The professional certification must shall be on 8
official forms completely filled out, where applicable, and submitted to the Division. For facilities with phased 9
construction or where there is a need to operate certain equipment under actual operating conditions prior to 10
certification, additional certification may be needed as follow-ups to the initial, pre-operation certification. The 11
Division may not acknowledge receipt of engineering certifications. The Permittee and the professional shall track the 12
submittal of certifications. 13
(b) For sewer extensions involving developer donated projects where the developer is the original Permittee, where a 14
transfer of ownership is desired, a change of ownership request shall be submitted to the Division on Division on 15
Division-approved forms upon certifying completion of the project. 16
(c) All deeds, easements and encroachment agreements necessary for installation and operation and maintenance of 17
the system shall be obtained prior to operation of the system. 18
(d) The Permittee shall maintain a copy of the individual permit and a set of final record drawings for the life of the 19
facility. 20
21
History Note: Authority G.S. 143-215.1; 22
Eff. September 1, 2006.2006; 23
Readopted Eff. September 1, 2018. 24
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 192 of 525
15A NCAC 02T .0117 is readopted as published in 32:06 NCR 536 as follows: 1
2
15A NCAC 02T .0117 TREATMENT FACILITY OPERATION AND MAINTENANCE 3
(a) For facilities permitted under this Subchapter, the permittee must Permittee shall designate an Operator in4
Responsible Charge and a back-up operator as required by the Water Pollution Control System Operators Certification 5
Commission as established in pursuant to 15A NCAC 08F .0200 and 15A NCAC 08G .0200. Copies of this Rule are 6
available from the Division, Archdale Building, 512 N. Salisbury Street, Raleigh, North Carolina 27604 at no charge. 7
(b) In order to insure the proper operation and maintenance of facilities permitted under this Section, the Operator in8
Responsible Charge, Charge or a back-up operator when appropriate must shall operate and visit the facility as 9
required by the Water Pollution Control System Operators Certification Commission as established in pursuant to 15A 10
NCAC 08F .0200 and 15A NCAC 08G .0200. Copies of this Rule are available from the Division, Archdale Building, 11
512 N. Salisbury Street, Raleigh, North Carolina 27604 at no charge. 12
13
History Note: Authority G.S. 143-215.3; 14
Eff. September 1, 2006.2006; 15
Readopted Eff. September 1, 2018. 16
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 193 of 525
15A NCAC 02T .0118 is readopted as published in 32:06 NCR 536-537 as follows: 1
2
15A NCAC 02T .0118 DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES 3
In order to insure that treatment, utilization, or disposal systems do not exceed their hydraulic treatment capacities, no 4
No permits for sewer line extensions shall be issued to wastewater treatment systems owned or operated by 5
municipalities, counties, sanitary districts or public utilities unless they meet the following requirements: 6
(1) Prior to exceeding 80 percent of the wastewater treatment system's permitted hydraulic capacity 7
(based on the average flow of during the last calendar year), the permittee must Permittee shall 8
submit an approvable engineering evaluation of their future wastewater treatment, utilization, and 9
disposal needs. This evaluation must shall outline specific plans for meeting future wastewater 10
treatment, utilization, or disposal needs by either expansion of the existing system, elimination or 11
reduction of extraneous flows, or water conservation and must shall include the source(s) source of 12
funding for the improvements. If expansion is not proposed or is proposed for a later date, a detailed 13
justification must shall be made to the satisfaction of the Director that wastewater treatment needs 14
will be met based on past growth records and future growth projections and, as appropriate, shall 15
include conservation plans or other specific measures to achieve waste flow reductions. 16
(2) Prior to exceeding 90 percent of the wastewater treatment, utilization, or disposal systems permitted 17
hydraulic capacity, capacity (based on the average flow during the last calendar year), the permittee 18
must Permittee shall obtain all permits needed for the expansion of the wastewater treatment, 19
utilization, or disposal system and, if construction is needed, submit approvable final plans and 20
specifications for expansion expansion, including a construction schedule. If expansion is not 21
proposed or is proposed for a later date, a detailed justification must shall be made to the satisfaction 22
of the Director that wastewater treatment needs will be met based on past growth records and future 23
growth projections and, as appropriate, shall include conservation plans or other specific measures 24
to achieve waste flow reductions. 25
(3) The Director shall allow permits to be issued to facilities that are exceeding the 80 percent or 90 26
percent loading rates disposal capacity if the additional flow is not projected to result in the facility 27
exceeding its permitted hydraulic capacity, the facility is in compliance with all other permit 28
limitations and requirements, and it is demonstrated to the satisfaction of the Director that adequate 29
progress is being made in developing the needed engineering evaluations or plans and specifications. 30
In determining the adequacy of the progress, the Director shall consider the projected flows, the 31
complexity and scope of the work to be completed completed, and any projected environmental 32
impacts. 33
34
History Note: Authority G.S. 143-215.3; 35
Eff. September 1, 2006.2006; 36
Readopted Eff. September 1, 2018. 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 194 of 525
15A NCAC 02T .0120 is readopted with changes as published in 32:06 NCR 537 as follows: 1
2
15A NCAC 02T .0120 HISTORICAL CONSIDERATION IN PERMIT APPROVAL 3
(a) The Division shall consider an Applicant's applicant's compliance history in accordance with G.S. 143-4
215.1(b)(4)b.2. and with the requirements contained within in this Rule for environmental permits and certifications 5
issued under Article 21. Paragraph (b) of this Rule is a partial set of criteria for routine consideration under G.S. 143-6
215.1(b)(4)b.2. The Director may also consider other compliance information in determining compliance history. 7
(b) When any of the following apply, permits for new and expanding facilities shall not be granted, unless the Division 8
determines that the permit is specifically and solely needed for the construction of facilities to resolve non-compliance 9
with any environmental statute or rule: 10
(1) The Applicant applicant or any parent, subsidiary, or other affiliate of the Applicant applicant or 11
parent has been convicted of environmental crimes under G.S. 143-215.6B or under Federal law 12
that would otherwise be prosecuted under G.S. 143-215.6B where all appeals and all appeals of this 13
conviction have been abandoned or exhausted. 14
(2) The Applicant applicant or any parent, subsidiary, or other affiliate of the Applicant affiliation has 15
previously abandoned a wastewater treatment facility without properly closing the facility in 16
accordance with the permit or this Subchapter. 17
(3) The Applicant applicant or any parent, subsidiary, or other affiliate of the Applicant affiliation has 18
not paid a civil penalty where all appeals and all appeals of this penalty have been abandoned or 19
exhausted. 20
(4) The Applicant applicant or any parent, subsidiary, or other affiliate of the Applicant affiliation is 21
currently not compliant with any compliance schedule in a permit, settlement agreement or order. 22
(5) The Applicant applicant or any parent, subsidiary, or other affiliate of the Applicant affiliation has 23
not paid an annual fee in accordance with Rule .0105(e)(2). .0105(e)(2) of this Section. 24
(c) Permits for renewing facilities shall not be granted if the Applicant or any affiliation has not paid an annual fee in 25
accordance with Rule [.0105(e)(2).].0105(e)(2) of this Section. 26
(d)(c) Any variance to this Rule shall be approved by the Director and shall be based on the current compliance status 27
of the Permittee's permittee's facilities and the magnitude of previous violations. Variance approval shall not be 28
delegated to subordinate staff. 29
30
History Note: Authority G.S. 143-215.1(b); 143-215.3(a); 31
Eff. September 1,2006. 2006; 32
Readopted Eff. September 1, 2018. 33
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 195 of 525
15A NCAC 02T .0201 is readopted as published in 32:06 NCR 537 as follows: 1
2
SECTION .0200 – WASTEWATER PUMP AND HAUL SYSTEMS 3
4
15A NCAC 02T .0201 SCOPE 5
This Section applies to all pump and haul activities of wastewater under the authority of the Division. This Section 6
does not apply to the transport of animal waste from animal waste management systems permitted under Section .1300 7
of this Subchapter and Section .1400 of this Subchapter. In addition, this Section does not apply to the transport of 8
wastewater residuals or biosolids permitted under Section .1100 of this Subchapter or Section .1200 of this Subchapter. 9
10
History Note: Authority G.S. 143-215.1; 143-215.3(a); 11
Eff. September 1, 2006.2006; 12
Readopted Eff. September 1, 2018. 13
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 196 of 525
15A NCAC 02T .0203 is readopted with changes as published in 32:06 NCR 537 as follows: 1
2
15A NCAC 02T .0203 PERMITTING BY REGULATION 3
(a) The following systems are shall be deemed permitted pursuant to Rule .0113 of this Subchapter provided if the 4
system meets the criteria in Rule .0113 of this Subchapter and all criteria required for the specific that system in this 5
Rule: 6
(1) Washwater from single-beverage kiosks and similar operations not regulated under the authority of 7
the Division of Environmental Public Health if the following criteria are met: 8
(A) The facility notifies the appropriate Division regional office in writing advising of the type 9
of operation, type and quantity of wastewater generated, and the receiving wastewater 10
treatment facility. A letter from the facility that is accepting the wastewater (type and 11
quantity) specifically agreeing to accept wastewater from the applicant shall be included. 12
included; 13
(B) The wastewater does not contain any human waste. [Waste; and]waste; and 14
(C) The waste is collected and discharged into a sewer or treatment system designed and 15
permitted to accept the type of wastewater being pumped and hauled. 16
(2) Industrial wastewater if the following criteria are met: 17
(A) The facility notifies the appropriate Division regional office in writing advising of the type 18
of operation, type and quantity of wastewater generated, location, location of wastewater 19
generation, and the receiving wastewater treatment facility. A letter from the facility 20
accepting the wastewater (type and quantity) specifically agreeing to accept wastewater 21
from the applicant shall be included. included; 22
(B) The wastewater does not contain any human waste. waste; 23
(C) The waste is collected and discharged into a sewer or treatment system designed and 24
permitted to accept the type of wastewater being pumped and hauled. hauled; 25
(D) The pump and haul activity is not to alleviate a failing wastewater system. system; and 26
(E) The Division regional office concurs in writing that the activity meets the criteria in this 27
Rule. 28
(3) Pump Pumping and hauling of waste from sewer cleaning activities. 29
(b) The Director may determine that a system should shall not be deemed permitted in accordance with this Rule and 30
Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter. 31
32
History Note: Authority G.S. 143-215.1; 143-215.3(a); 33
Eff. September 1, 2006.2006; 34
Readopted Eff. September 1, 2018. 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 197 of 525
15A NCAC 02T .0204 is readopted as published in 32:06 NCR 538 as follows: 1
2
15A NCAC 02T .0204 PERMITTING 3
(a) Pump and haul permits are not acceptable long-term domestic wastewater treatment alternatives. Permits for 4
domestic wastewater shall only be issued in cases of environmental emergencies, nuisance conditions (e.g. odors, 5
vectors), health problems, or for unavoidable delays in construction of systems previously permitted under this 6
Section. Applications for pump and haul permits to for unavoidable construction delays must include documentation 7
demonstrating the delay could not be avoided. Failure to complete construction prior to the expiration of a pump and 8
haul permit due to unavoidable construction delays may subject the Permittee to enforcement action by the Division 9
if the delay could have been avoided by payment of additional costs. The permits shall be issued for a period of no 10
more than six months unless the Director determines that conditions are such that the final waste management options 11
cannot be implemented within six months. 12
(b) Applications shall include a letter from the facility accepting the wastewater specifically agreeing to accept 13
wastewater (type and quantity) from the applicant for the proposed activity. 14
(c) Pump and haul facilities shall include at a minimum 24 hours storage equipped with high-water alarms. 15
(d) Permitted pump and haul facilities or activities under this rule shall be inspected at least daily by the permittee or 16
its representative. 17
18
History Note: Authority G.S. 143-215.1; 143-215.3(a.); 19
Eff. September 1, 2006.2006; 20
Readopted Eff. September 1, 2018. 21
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 198 of 525
15A NCAC 02T .0301 is readopted as published in 32:06 NCR 538 as follows: 1
2
SECTION .0300 - SEWER EXTENSIONS 3
4
15A NCAC 02T .0301 SCOPE 5
The rules in this Section set forth the requirements and procedures for application and issuance of permits for sewers 6
as required by G.S. 143-215.1(a) and permitting delegation of local sewer programs allowable by G.S. 143-215.1(f). 7
The rules in this Section apply to all sewer extensions including gravity sewers, pump stations, force mains, vacuum 8
sewers, pressure sewers (including Septic Tank Effluent Pump (STEP) systems) or alternative sewer systems that 9
discharge to another sewer system and requirements for local delegated sewer extension permitting programs. 10
11
History Note: Authority G.S. 143-215.1; 143-215.3(a); 12
Eff. September 1, 2006. 2006; 13
Readopted Eff. September 1, 2018. 14
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 199 of 525
15A NCAC 02T .0302 is readopted with changes as published in 32:06 NCR 538-539 as follows: 1
2
15A NCAC 02T .0302 DEFINITIONS 3
(a) The following definitions are used in this Section: 4
(1) "Alternative sewer system" means any sewer system (collection system) other than a gravity system 5
or standard pump station and force main. These include pressure sewer systems, septic tank/effluent 6
tank with effluent pump (STEP) sewer systems, vacuum sewer system, and small diameter variable 7
grade gravity sewers. 8
(2) "Building" means any structure occupied or intended for supporting or sheltering any occupancy. 9
(3) "Building drain" means that part of the lowest piping of a drainage system that receives the discharge 10
from soil, waste and other drainage pipes that extends 10 feet beyond the walls of the building and 11
conveys the drainage to the building sewer. 12
(4) "Building sewer" means that part of the drainage system that extends from the end of the building 13
drain and conveys the discharge from a single building to a public gravity sewer, private gravity 14
sewer, individual sewage disposal system or other point of disposal. 15
(5) "Fast-track" means a permitting process whereby a professional engineer certifies that a sewer 16
design and associated construction documents conform to all applicable sewer related rules and 17
design criteria, thereby forgoing an upfront technical review by the Division. criteria. 18
(6) "Pressure sewer system" means an interdependent system of grinder pump stations, typically for 19
residences, serving individual wastewater connections for single buildings that share a common and 20
typically a small diameter pressure pipe (1.5 inches through 6 inches). Duplex or greater pump 21
stations connected to a common pressure pipe that can operate both independently and 22
simultaneously with other pump stations while maintaining operation of the system within the 23
operating constraints are not considered shall be [exclude]excluded from the definition of a pressure 24
sewer system. 25
(7) "Private sewer" means any part of a sewer system which that collects wastewater from one building 26
and crosses another property or travels along a street right of way or from more than one building 27
and is not considered a public sewer. 28
(8) "Public sewer" means a sewer located in a dedicated public street, roadway, or dedicated public 29
right-of-way or easement which that is owned or operated by any municipality, county, water or 30
sewer district, or any other political subdivision of the state authorized to construct or operate a 31
sewer system. 32
(9) "Sewer system" means pipelines or conduits, pumping stations, stations including lift stations and 33
grinder stations, alternative systems, systems and appliances appurtenant thereto, appurtenant 34
appliances used for conducting wastewater to a point of ultimate treatment and disposal. 35
(10) "Small diameter, variable grade gravity sewer system" means a system of wastewater collection 36
utilizing an interceptor tank to remove solids and grease from the waste stream, thereby allowing 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 200 of 525
smaller diameter pipes and shallower grades to be used. stream. Flow is transferred to the central 1
gravity system in the public right-of-way by gravity or effluent pumps. With venting and design, 2
inflective grades (up-gradients) may also be accommodated. 3
(11) "Septic tank/effluent tank with effluent pump (STEP) system" means the same type of system as a 4
"pressure sewer system" except that a pressure sewer system in which the individual grinder pump 5
is replaced with a septic tank with an effluent pump either in the second chamber of the septic tank 6
or in a separate pump tank that follows the septic tank. 7
(12) "Vacuum sewer system" means a mechanized system of wastewater collection utilizing using 8
differential air pressure to move the wastewater. Centralized stations provide the vacuum with valve 9
pits providing the collection point from the source and also the inlet air required to move the 10
wastewater. In conjunction with the vacuum pumps, a standard (non vacuum) pump station and 11
force main is used to transport the wastewater from the vacuum tanks to a gravity sewer or ultimate 12
point of treatment and disposal. 13
14
History Note: Authority G.S. 143-215.1; 143-215.3(a); 15
Eff. September 1, 2006.2006; 16
Readopted Eff. September 1, 2018. 17
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 201 of 525
15A NCAC 02T .0303 is readopted with changes as published in 32:06 NCR 539-540 as follows: 1
2
15A NCAC 02T .0303 PERMITTING BY REGULATION 3
(a) The following systems are shall be deemed permitted pursuant to Rule .0113 of this Subchapter provided if the 4
system meets the criteria in Rule .0113 of this Subchapter and all criteria required for the specific that system in this 5
Rule: 6
(1) A building sewer documented by the local building inspector to be in compliance with the North 7
Carolina State Plumbing Code, which Code and that serves a single building with the sole purpose 8
of conveying wastewater from that building into a gravity sewer that extends onto or is adjacent to 9
the building's property. A building sewer that contribute more than five percent of the existing 10
wastewater treatment facility's design capacity or 50,000 gallons per day of flow as calculated using 11
the wastewater design flow rates in Rule .0114 of this Subchapter shall not commence operations 12
until after it receives approval [form] from the regional office. 13
(2) A gravity sewer serving a single building with less than 600 gallons per day of flow as calculated 14
using rates in 15A NCAC 02T .0114 that crosses another property or parallels a right-of-way right-15
of-way, provided that: 16
(A) an easement for crossing another property is obtained, a map is created and both are 17
recorded at the Register of Deeds office in the county of residence for both property owners 18
and runs with the land, land or, in the case of a building sewer traveling along a right-of-19
way, documented permission from the dedicated right-of-way owner to use such right-of-20
way; 21
(B) the building inspector certifies the sewer to the point of connection to the existing sewer is 22
in accordance with state or local plumbing code; and 23
(C) no other connections are made to the sewer without prior approval from the Division. 24
(3) New pump stations or sewage ejectors and force mains if all of the following criteria are met: A 25
pump station and force main serving a single building with less than 600 gallons per day of flow as 26
calculated using the wastewater design flow rates in Rule .0114 of this Subchapter provided that: 27
(A) the pump station serves a single building, 28
(B) the force main does not traverse other property or parallel a street right-of-way, 29
(A) an easement for crossing another property is obtained, a map is created and both are 30
recorded at the Register of Deeds office in the county of residence for both property owners 31
and runs with the land or, in the case of a force main traveling along a right-of-way, 32
documented permission form the dedicated right-of-way owner to use such right-of-way; 33
(C)(B) the force main ties if a force main is used, it ties into a non-pressurized 34
pipe/manhole/wetwell pipe, manhole or wetwell; (i.e. is not part of an alternative sewer 35
system), 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 202 of 525
(D)(C) the system is approved by the local building inspector as being in complete compliance 1
with the North Carolina Plumbing Code to the point of connection to the existing sewer, 2
and 3
(E)(D) no other connections are made to the sewer without prior approval from the Division. 4
(4) The following sewer operations operations, provided that the work conforms to all rules, setbacks 5
and design standards; record drawings of the completed project are kept for the life of the project; 6
and new sources of wastewater flow, immediate or future, are not planned to be connected to the 7
sewer other than previously permitted but not yet tributary: 8
(A) rehabilitation or replacement of sewers in kind (i.e., size) of the same size and with the 9
same horizontal and vertical alignment; 10
(B) rehabilitation or replacement of public 6-inch sewers with 8-inch sewers, sewers, provided 11
that the rehabilitation or replacement is to correct deficiencies and bring the sewer up to 12
current minimum standards; 13
(C) line relocations of the same pipe size and within the same right-of-way or easement; 14
(D) parallel line installations of the same size and within the right-of-way or easement where 15
the existing line will be abandoned; 16
(E) point repairs; and 17
(F) in place in-place pump station repairs/upgrades and maintaining repairs or upgrades that 18
maintain permitted capacity to within five percent of the original permitted capacity for 19
pump replacement. 20
(b) The Director may determine that a system should shall not be deemed permitted in accordance with this Rule and 21
Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter. 22
23
History Note: Authority G.S. 143-215.1; 143-215.3(a); 24
Eff. September 1, 2006.2006; 25
Readopted Eff. September 1, 2018. 26
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 203 of 525
15A NCAC 02T .0304 is readopted as published in 32:06 NCR 540-541 as follows: 1
2
15A NCAC 02T .0304 APPLICATION SUBMITTAL 3
(a) Application Applications for permits pursuant to this Section shall be made on forms provided by the Division. 4
[https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/collection-5
systems/sewer-extension-permitting] 6
(b) Applications shall not be submitted unless the Permittee has assured downstream sewer capacity. 7
(c) For pressure sewers, vacuum sewers, STEP systems and other alternative sewer systems discharging into a sewer 8
system, the Permittee, by certifying the permit application and receiving an issued permit, agrees to be responsible for 9
shall maintain in operable condition all individual pumps, tanks, service laterals and main lines as permitted. The line 10
from a building to the septic or pump tank is excluded from this responsibility. permitted, excluding the line from a 11
building to the septic or pump tank. This does not prohibit the Permittee from entering into a service agreement with 12
another entity. However, the Permittee shall be responsible for correcting any environmental or public health problems 13
with the system. 14
(d) For sewer extensions involving gravity sewers, pump stations and force mains or any combination thereof that do 15
not require an Environmental Assessment pursuant to 15A NCAC 01C .0408 (except for low pressure sewers, vacuum 16
sewers and STEP systems discharging to a sewer system), are not funded through the Division's Construction, Grants 17
and Loans Section, that have been designed in accordance with all applicable rules and design criteria, and where if 18
plans, calculations and specifications calculations, specifications, and other supporting documents have been sealed 19
by a professional engineer, application may be made according to the fast-track permitting process. 20
(e) Projects involving an Environmental Assessment per 15A NCAC 01C .0408 or are funded through the Division's 21
Construction, Grants and Loans Section must be submitted for a full technical review on application forms provided 22
by the Division. An application for sewers involving an Environmental Assessment shall not be considered complete 23
until either a Finding of No Significant Impact or an Environmental Impact Statement and Record of Decision is has 24
been issued. 25
(f) Where the plans were not prepared by a professional engineer, applications shall be submitted for full technical 26
review on application forms specified by the Division. 27
(g)(f) Low pressure sewer systems, vacuum sewer systems and other alternative sewer systems Sewer systems where 28
the design criteria has not been developed or if the system does not meet all applicable rules and design criteria shall 29
be submitted for a full technical review using the official application form for those systems. 30
[https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/collection-31
systems/sewer-extension-permitting] 32
(h)(g) A letter of agreement from the owner or an official, meeting the criteria in Rule .0106 of this Subchapter, of 33
the receiving collection system or treatment works accepting the wastewater is required, if If the application is not 34
submitted by the owner of the receiving collection system or treatment works. works the application shall include a 35
letter of agreement from the owner or an official of the receiving collection system or treatment works that accepts 36
the wastewater and that meets the criteria if Rule .0106 of this Subchapter. This letter shall be specific to the project 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 204 of 525
whether or not capacity has been purchased through an intergovernmental agreement or contract. This letter shall also 1
signify that the owner of the receiving collection system or treatment works has adequate capacity to transport and 2
treat the proposed new wastewater. This shall not negate the need for downstream sewer capacity calculations. In 3
addition, this letter shall: 4
(1)specifically refer to the project, regardless whether capacity has been purchased through an5
intergovernmental agreement of contract;6
(2)signify that the owner of the receiving collection system or treatment works has adequate capacity7
to transport and treat the proposed new wastewater; and8
(3)shall be dated within 12 months from the date of submitting the application.9
This letter shall not obviate the need for the downstream sewer capacity calculations.10
11
History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.67; 12
Eff. September 1, 2006.2006; 13
Readopted Eff. September 1, 2018. 14
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 205 of 525
15A NCAC 02T .0305 is readopted with changes as published in 32:06 NCR 541-543 as follows; 1
2
15A NCAC 02T .0305 DESIGN CRITERIA 3
(a) Construction of sewers and sewer extensions are prohibited in the following areas unless the specified 4
determinations are made: area: 5
(1) in a natural area designated on the State Registry of Natural Heritage Areas by a protection 6
agreement between the owner and the Secretary, unless the Commission agrees that no prudent, 7
feasible or technologically possible alternative exists; or, 8
(2) in a natural area dedicated as a North Carolina Nature Preserve by mutual agreement between the 9
owner and State of North Carolina (Governor and Council of State), unless the Commission 10
recommends and the Governor and Council of State agree that no prudent, feasible or 11
technologically possible alternative exists; 12
(b) Engineering design documents. The following documents shall be prepared prior to submitting a permit 13
application to the Division. If submittal of such documents is not requested in the permitting process (i.e., fast-track), 14
they shall be available upon request by the Division. If required by G.S. 89C, a professional engineer shall prepare 15
these documents: 16
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 17
1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing 18
engineering under G.S. 89C.] 19
(1) A plan and profile of sewers, showing their proximity to other utilities and natural features, such as 20
water supply lines, water lines, wells, storm drains, surface waters, wetlands, roads and other 21
trafficked areas. 22
(2) Design calculations including pipe and pump sizing, velocity, pump cycle times and level control 23
settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well 24
and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer 25
capacity analysis. 26
(3) Specifications relative to the sewer system Sewer system specifications describing all materials to 27
be used, methods of construction and means for assuring the quality and integrity of the finished 28
project. 29
(c) All deeds, easements and encroachment agreements necessary for installation and operation installation, operation, 30
and maintenance of the system shall be obtained prior to operation of the system. 31
(d) There shall be no by-pass or overflow lines designed in any new sewer system except for valved piping and 32
appurtenances intended for emergency pumping operation(s). operations. 33
(e) A minimum of two Two feet protection from a 100-year flood shall be provided unless there is a water-tight seal 34
on all station hatches and manholes with control panels and vents extending two feet above the 100-year flood 35
elevation. 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 206 of 525
(f) The following minimum separations shall be provided for from the sewer system to the listed feature except as 1
allowed by Paragraph (g) of this Rule: 2
Storm sewers and other utilities not listed below (vertical) 24 18 inches 3
Water mains (vertical-water over sewer including in benched trenches) 18 inches 4
or (horizontal) 10 feet 5
Reclaimed water lines (vertical – reclaimed over sewer) 18 inches 6
or (horizontal) 2 feet 7
Any private or public water supply source, including any consisting of wells, WS-I waters waters, Class I 8
Class I, or Class II, impounded or Class III reservoirs used as a source of drinking water 9
100 feet 10
Waters classified WS (except WS-I or WS-V), WS-II, WS-III, WS-IV, B, SA, ORW, HQW, or SB from 11
normal high water (or tide elevation) and elevation), wetlands that are directly abutting these waters 12
and wetlands classified as UWL or SWL 13
50 feet 14
Any other stream, lake, impoundment, wetlands classified as WL, waters classified as C, SC, or WS-V, or 15
ground water lowering and surface drainage ditches 10 feet 16
Any building foundation 5 feet 17
Any basement 10 feet 18
Top slope of embankment or cuts of 2 feet or more vertical height 10 feet 19
Drainage systems and interceptor drains 5 feet 20
Any swimming pool 10 feet 21
Final earth grade (vertical) 36 inches 22
(g) Alternatives where The following separations shall be permitted if separations in Paragraph (f) of this Rule cannot 23
be achieved. Nothing achieved, provided that nothing in this Paragraph shall supersede the allowable alternatives 24
provided in the Commission for Public Health Public Water Supply Rules (15A NCAC 18C), Commission for Public 25
Health Sanitation Rules (15A NCAC 18A) or the Groundwater Protection Rules (15A NCAC 02L and 15A NCAC 26
02C) that pertain to the separation of sewer systems to water mains or public or private wells: 27
(1) For storm sewers, engineering solutions such as ductile iron pipe or structural bridging to prevent 28
crushing the underlying pipe. pipe; 29
(2) For public or private wells, piping materials, testing methods and acceptability standards meeting 30
water main standards shall be used where these minimum separations cannot be maintained. All 31
appurtenances shall be outside the 100-foot radius. radius of the well. The minimum separation shall 32
however not be less than 25 feet from a private well or 50 ft feet from a public well. well; 33
(3) For public water main horizontal or vertical separations, alternatives as described in 15A NCAC 34
18C .0906(b) and (c). (c); 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 207 of 525
(4) For less than 36-inches cover from final earth grade, ductile iron pipe shall be specified. required in 1
any alternative. Ductile iron pipe or other pipe with proper bedding to develop design supporting 2
strength shall be provided where sewers are subject to traffic bearing loads. loads; and 3
(5) For all other separations, materials, testing methods and acceptability standards meeting water main 4
standards (15A NCAC 18C) shall be specified. required in any alternative. 5
(h) The following criteria shall be met for all pumping stations and force mains: 6
(1) Pump Station Reliability: 7
(A) Pump stations, except when exempted by Subparagraph (j)(2) of this Rule, Pump stations 8
shall be designed with multiple pumps such that peak flow can be pumped with the largest 9
pump out of service. Simplex pump stations (i.e. pump stations with only one pump) shall 10
only be allowable to serve only a single building with an average daily design flow less 11
than or equal to 600 gallons per day as calculated using Rule .0114 of this Subchapter. 12
(B) A standby power source or pump is shall be required at all pump stations except for those 13
simplex pump stations subject to Subparagraph (j)(2) of this Rule. stations. Controls shall 14
be provided to automatically activate the standby source and signal an alarm condition. 15
(C) As an alternative to Part (B) of this Subparagraph for pump stations with an average daily 16
design flow less than 15,000 gallons per day as calculated using Rule .0114 of this 17
Subchapter, a portable power source or pumping capability may be utilized. used. It shall 18
be demonstrated to the Division that the The portable source is shall be owned or contracted 19
by the permittee and is shall be compatible with the station. If the portable power source 20
or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' 21
storage capacities and the rotation schedule of the portable power source or pump, 22
including travel timeframes, shall be provided in the case of a multiple station power 23
outage. Pump in a multiple station power outage, including travel timeframes, shall be 24
provided. 25
(D) As an alternative to Part (B) for Simplex pump or vacuum stations connecting a single 26
building to an alternative a sewer system, wet well storage requirements system shall be 27
documented to provide 24-hours worth of wastewater storage or, or exceed shall provide 28
storage in excess of that needed during the greatest power outage over the last three years 29
or the documented response time to replace a failed pump, whichever is greater. 30
Documentation shall be required pursuant to the of wastewater storage shall be provided 31
with the permit application. In no case shall less than 6 hours worth of wastewater storage 32
be provided above the pump-on level. 33
(E) All pump stations designed for two pumps or more shall have a telemetry system to provide 34
remote notification of a problem condition to include including power failure and high 35
water alarm. 36
(F) All pump stations shall have a high water audio and visual alarm. 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 208 of 525
(2) Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-hour 1
emergency number and instructions to call in case of emergency. Simplex pump or vacuum stations 2
serving a single-family residence shall have a placard or sticker placed inside the control panel with 3
a 24-hour emergency contact number. 4
(3) Screened vents for all wet wells. 5
(4) The public shall be restricted from access to the site and equipment. 6
(5) Air relief valves shall be provided at all high points along force mains where the vertical distance 7
exceeds ten feet. 8
(i) The following criteria shall be met for gravity sewers: 9
(1) for public gravity sewers, public gravity sewers shall be equipped with a minimum eight inch 10
diameter pipe and for private gravity sewers, private gravity sewers shall be equipped with a 11
minimum six inch diameter pipe; 12
(2) the maximum separation between manholes shall be 425 feet unless written documentation is 13
submitted with the application that the owner/authority owner has the capability to perform routine 14
cleaning and maintenance on of the sewer at the specified manhole separation; and 15
(3) drop manholes shall be provided where invert separations exceed 2.5 feet. 16
(j) The following criteria shall be met for low pressure sewers, vacuum sewers, STEP and other alternative sewers 17
discharging into another sewer system: 18
(1) Hydraulic modeling of the system shall be submitted using the statistical (projected) statistically 19
projected number of pumps running at one time. If computer modeling is provided by a pump 20
manufacturer, it shall be indicated and shall be considered part of the design calculations pursuant 21
to Subparagraph (b)(2) of this Rule. 22
(2) Simplex pump stations shall only be allowable for single-family residences. to serve a single 23
building with an average daily design flow less than 600 gallons per day as calculated using Rule 24
.0114 of this Subchapter. All other buildings connected to the system shall at a minimum have 25
duplex pumps. 26
(3) Septic tanks shall adhere to the standards established in 15A NCAC 18A .1900. 27
28
History Note: Authority G.S. 143-215.1; 143-215.3(a); 29
Eff. September 1, 2006.2006, 30
Readopted Eff. September 1, 2018. 31
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 209 of 525
15A NCAC 02T .0306 is readopted with changes as published in 32:06 NCR 543-544 as follows: 1
2
15A NCAC 02T .0306 LOCAL PROGRAMS FOR SEWER SYSTEMS 3
(a) Jurisdiction. Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of 4
municipalities and counties may apply to the Commission for approval certification of local programs for permitting 5
construction, modification, and operation of public and private sewer systems in their utility service areas (i.e., 6
delegation) pursuant to G.S. 143-215.1(f). Permits issued by approved certified local programs serve in place of 7
permits issued by the Division except for projects involving an Environmental Impact Statement, Assessment, projects 8
that do not meet all applicable sewer related rules and minimum design criteria, or if the permitting authority has not 9
been certified (e.g. alternative sewer systems), which shall continue to be permitted by the Division. The Division 10
may chose choose to cede permitting authority to the approved certified local program after review of Environmental 11
Assessment projects and issuance of a Finding of No Significant Impact. or if other permits are required. 12
(b) Applications. Application An application for approval certification of a local program must provide adequate 13
information to assure compliance with the requirements of G.S. 143-215.1 (f) and the following requirements: 14
(1) Applications for local sewer system programs shall be submitted to the Director. 15
(2) The program application shall include: include three copies of the intended permit application forms, 16
permit shell(s), minimum design criteria (specifications), sewer ordinances, flow chart of 17
permitting, staffing, inspection and certification procedures, intended permit application fees, 18
downstream capacity assurance methods and other relevant documents to be used in administering 19
the local program. The applicant shall specify in a cover letter what permits the local authority 20
desires to issue. The options are any of the following: gravity sewers, pump stations, force mains, 21
and/or pressure sewers. The applicant shall also specify whether such permits will be issued to 22
public (to be self-owned) or private systems (not donated to delegated authority). 23
(A) the intended permit application forms; 24
(B) permit shells; 25
(C) design criteria and specifications; 26
(D) sewer ordinance; 27
(E) flow chart of permitting; 28
(F) staffing; 29
(G) inspection and certification procedures; 30
(H) intended permit application fees; 31
(I) downstream capacity assurance methods. 32
The applicant shall specify in a cover letter what permits the local authority desires to issue. The options are 33
any of the following: gravity sewers, pump stations, force mains, or pressure sewers. The applicant shall also 34
specify whether such permits will be issued to public (to be self-owned) or private (not donated to the certified 35
authority). 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 210 of 525
(3)Certification that the local Local authorities for processing permit applications, setting permit1
requirements, enforcement, and penalties are shall be compatible with those for permits issued by2
the Division.3
(4)If the treatment and disposal system receiving the waste wastewater from the sewer line extension4
permitted under the local program is under the jurisdiction of another local unit of government, then5
the program application must contain a written statement from that the other local unit of6
government that the proposed program complies with all its requirements and that the applicant has7
entered into a satisfactory contract which assures continued compliance.8
(5)Any future amendments to the requirements of this Section shall be incorporated into the local sewer9
system program within 60 days of the effective date of the amendments.10
(6)A Professional Engineer shall be on the staff of the local sewer system program or be retained as a11
consultant to review unusual situations or designs and to answer questions that arise in the review12
of proposed projects.13
(7)Each project permitted by the local sewer system program shall be inspected for compliance with14
the requirements of the local program at least once during construction.15
(c) Approval of Local Programs. The staff of the Division shall acknowledge receipt of an application for a local16
sewer system program in writing, review the application, notify the applicant of additional information that may be 17
required, and make a recommendation to the Commission on the acceptability regarding certification of the proposed 18
local program. 19
(d) Conditions of Local Program Approval (Delegation). Once approved by the Commission, the delegated authority20
local program shall adhere to the following: 21
(1)Adequacy of Receiving Facilities. Local sewer system programs shall not issue a permit for a sewer22
project which that would increase the flow or change the characteristics of waste to a treatment23
works or sewer system unless the local program has received a written determination from the24
Division that, pursuant to G.S. 143-215.67 (a), the treatment works or sewer system is adequate to25
receive can adequately treat the waste. The Division staff may, when appropriate, provide one26
written determination that covers all local permits for domestic sewage sewer projects with total27
increased flow to a particular treatment works less than a specified amount and which are issued28
within a specified period of time. In no case shall the local sewer system program issue a permit for29
additional wastewater if the receiving wastewater treatment is in noncompliance with its Division30
issued permit unless the additional flow is allowed as part of a special order pursuant to G.S. 143-31
215.2. In no case shall the delegated authority issue a permit for additional wastewater without32
documenting capacity assurance along the tributary wastewater path to the wastewater treatment33
plant.34
(2)All permitting actions shall be summarized and submitted to the Division and the appropriate35
Division Regional Office on a quarterly basis annually on Division forms. forms unless more36
frequent reporting is required by the Division. The report shall also provide a listing and summary37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 211 of 525
of all enforcement actions taken or pending during the reporting period. quarter. The quarters begin 1
on January 1, April 1, July 1 and October 1. The report shall be submitted by February 1 of each 2
year. within 30 days after the end of each quarter. Reporting forms are available at: 3
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-4
branch/collection-systems/local-programs 5
(3) A copy of all program documents documents, such as specifications, permit applications, permit 6
shells, shell certification forms, and ordinance pertaining to permitting permitting, shall be 7
submitted to the Division on an annual basis annually along with a summary of any other program 8
changes. Program changes to note shall include staffing, staffing changes, processing fees, and 9
ordinance revisions. After initial submittal of such documents and if no further changes occur in 10
subsequent years, a letter stating such may be submitted in lieu of the requested required 11
documentation. The Division may request changes to local program documents if the Commission 12
adopts more stringent standards. 13
(4) Modification of a Local Program. Modifications to local programs, including the expansion of 14
permitting authority authority, shall not be required to be approved by the Commission, but by the 15
Director. 16
(e) Appeal of Local Decisions. Appeal of individual permit denials or issuance with conditions the permit applicant 17
finds unacceptable shall be made according to the approved local ordinance. The Commission shall not consider 18
individual permit denials or issuance with conditions to which a Permittee objects. This Paragraph does not alter the 19
enforcement authority of the Commission as specified in G.S. 143-215.1(f). 20
(f) The Division may audit the delegated certified program for compliance with this Rule and G.S. 143-215.1(f) at 21
any time with a scheduled appointment with the delegated certified authority. 22
(g) The Division shall maintain a list of all local units of government with approved local sewer system programs and 23
make copies of the list available to the public upon request and payment of any reasonable costs for reproduction. The 24
list may be obtained from the Division. 25
26
History Note: Authority G.S. 143-215.1; 143-215.3(a); 27
Eff. September 1, 2006.2006; 28
Readopted Eff. September 1, 2018. 29
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 212 of 525
15A NCAC 02T .0401 is readopted as published in 32:06 NCR 544 as follows: 1
2
SECTION .0400 – SYSTEM-WIDE COLLECTION SYSTEM PERMITTING 3
4
15A NCAC 02T .0401 SCOPE 5
The rules of this Section apply to system-wide collection systems pursuant to G.S. 143-215.9B, where the Director 6
may issue governing the issuance of system-wide permits for collection systems relating to operation and maintenance 7
of sewers, pump stations, force mains and all appurtenances. 8
9
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B; 10
Eff. September 1, 2006.2006; 11
Readopted Eff. September 1, 2018. 12
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 213 of 525
15A NCAC 02T .0402 is readopted as published in 32:06 NCR 544-545 as follows: 1
2
15A NCAC 02T .0402 DEFINITIONS 3
The following definitions are used in this Section: 4
(1) "Collection system" means a public or private sewer system system, consisting of sewer lines, force 5
mains, pump stations or any combination thereof that conveys wastewater to a designated 6
wastewater treatment facility or separately-owned sewer system. For purposes of permitting, the 7
collection system is considered to be shall mean any existing or newly installed sewer system 8
extension up to the wastewater treatment facility property or point of connection with a separately-9
owned sewer system. 10
(2) "High-priority sewer" means any aerial sewer, sewer contacting surface waters, siphon, sewer 11
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the 12
sewer, or sewer designated as a high priority in a Division issued Division-issued permit where if 13
the sewer does not meet minimum design requirements. 14
15
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B; 16
Eff. September 1, 2006.2006; 17
Readopted Eff. September 1, 2018. 18
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 214 of 525
15A NCAC 02T .0403 is readopted with changes as published in 32:06 NCR 545 as follows: 1
2
15A NCAC 02T .0403 PERMITTING BY REGULATION 3
(a) Collection systems having an actual, permitted or Division approved Division-approved average daily flow less 4
than 200,000 gallons per day are shall be deemed permitted pursuant to Rule .0113 of this Subchapter provided if the 5
system meets the criteria in Rule .0113 of this Subchapter and all specific criteria required in this Rule: 6
(1) The sewer collection system is shall be effectively maintained and operated at all times to prevent 7
discharge to land or surface waters, waters and to prevent any contravention of groundwater 8
standards or surface water standards. 9
(2) A map of the sewer collection system has been shall have been developed and is shall be actively 10
maintained. 11
(3) An operation and maintenance plan plan, including pump station inspection frequency, preventative 12
maintenance schedule, spare parts inventory and overflow response has been shall have been 13
developed and implemented. 14
(4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected 15
shall be inspected by the permittee or its representative every day (i.e., 365 days per year).year), 16
unless the permittee demonstrates that daily inspections are not necessary becaused the pump station 17
has sufficient storage capacity, above the elevation at which the pump activates, to cover a longer 18
inspection interval. In no case shall the inspection interval exceed seven days. Pump stations that 19
are connected to a telemetry system are shall be inspected at least once per week. 20
(5) High-priority sewers are shall be inspected by the permittee or its representative at least once every 21
six-months six-months, and inspections are shall be documented. 22
(6) A general observation by the permittee or its representative of the entire sewer collection system is 23
shall be conducted at least once per year. 24
(7) Overflows and bypasses are reported to the appropriate Division regional office in accordance with 25
15A NCAC 02B .0506(a), and public notice is shall be provided as required by G.S. 143-215.1C. 26
(8) A Grease Control Program is shall be in place as follows: 27
(A) For publicly owned collection systems, the Grease Control Program shall include at least 28
bi-annual distribution of educational materials for both commercial and residential users 29
and the legal means to require grease interceptors for new construction and retrofit, if 30
necessary, of grease interceptors at existing establishments. The plan shall also include 31
legal means for inspections of the grease interceptors, enforcement for violators and the 32
legal means to control grease entering the system from other public and private satellite 33
sewer collection systems. 34
(B) For privately owned collection systems, the Grease Control Program shall include at least 35
bi-annual distribution of grease education materials to users of the collection system by the 36
permittee or its representative. 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 215 of 525
(C) Grease education materials shall be distributed more often than required in Parts (A) and 1
(B) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. 2
(9) Right-of-ways and easements are shall be maintained in the full easement width for personnel and 3
equipment accessibility. 4
(10) Documentation shall be kept for Subparagraphs (a)(1) through (a)(9) of this Rule for a minimum of 5
three years with the exception of the map, which shall be maintained for the life of the system. 6
(b) Private collection systems on a single property serving an industrial facility where from which the domestic 7
wastewater contribution is less than 200,000 gallons per day shall be deemed permitted. 8
(c) The Director may determine that a collection system should shall not be deemed to be permitted in accordance 9
with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) 10
of this Subchapter. 11
12
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B; 13
Eff. September 1, 2006.2006; 14
Readopted Eff. September 1, 2018. 15
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 216 of 525
15A NCAC 02T .0404 is readopted as published in 32:06 NCR 545 as follows: 1
2
15A NCAC 02T .0404 MULTIPLE COLLECTION SYSTEMS UNDER COMMON OWNERSHIP 3
If a public entity owns multiple but separate collection systems (i.e., tributary to separate plants) and any one is subject 4
to an individual permit, all collection systems shall be covered under by one permit. This shall not be applicable to 5
public utilities authorized to operate by the North Carolina Utilities Commission who that own several individual 6
systems within the state. 7
8
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B; 9
Eff. September 1, 2006.2006; 10
Readopted Eff. September 1, 2018. 11
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 217 of 525
15A NCAC 02T .0405 is readopted as published in 32:06 NCR 545-546 as follows: 1
2
15A NCAC 02T .0405 IMPLEMENTATION 3
(a) Permit applications for the initial issuance of a collection system permit shall be completed and submitted to the 4
Division within 60 days of the collection system owner's certified mail receipt of the Division's request for application 5
submittal. Permit renewal requests shall be submitted to the Director at least 180 days prior to expiration, unless the 6
permit has been revoked in accordance with 15A NCAC 02T .0110. 15A NCAC 02T .0110, a request has been made 7
to rescind the permit, or the Director extends this deadline. All applications must be submitted in duplicate, completed 8
on official forms, and fully executed. Application forms available at: https://deq.nc.gov/about/divisions/water-9
resources/water-resources-permits/wastewater-branch/collection-systems/system-wide-collection-system-permitting. 10
(b) Collection systems subject to an individual permit shall comply with the standards in Rule .0403 of this Section 11
until such time as their individual permit is issued. Section and such permit conditions contained in an individual 12
permit to effectuate the purpose of Article 21, Chapter 143 of the General Statues. 13
14
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B; 15
Eff. September 1, 2006.2006; 16
Readopted Eff. September 1, 2018. 17
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 218 of 525
15A NCAC 02T .0501 is readopted as published in 32:06 NCR 546 as follows: 1
2
SECTION .0500 – WASTEWATER IRRIGATION SYSTEMS 3
4
15A NCAC 02T .0501 SCOPE 5
The rules in this Section shall apply to all surface irrigation of wastewater systems not otherwise specifically governed 6
by other rules of this Subchapter. Surface irrigation of wastewater shall include includes spray irrigation, drip 7
irrigation, and any other application of wastewater to the ground surface. 8
9
History Note: Authority G.S. 143-215.1; 143-215.3(a); 10
Eff. September 1, 2006.2006; 11
Readopted Eff. September 1, 2018. 12
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 219 of 525
15A NCAC 02T .0504 is readopted with changes as published in 32:06 NCR 546-548 as follows. 1
2
15A NCAC 02T .0504 APPLICATION SUBMITTAL 3
(a) The requirements in this Rule shall apply to all new and expanding facilities. facilities, as applicable. 4
(b) Soils Report. report. A soil evaluation of the disposal site shall be provided to the Division by the Applicant 5
applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation: 6
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, 7
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science under G.S. 89F.] 8
(1) A field Field description of the soil profile, based on examinations of excavation pits or auger 9
borings, within seven feet of land surface or to bedrock bedrock, describing the following 10
parameters by individual diagnostic horizons: 11
(A) the thickness of the horizon; 12
(B) the texture; 13
(C) the color and other diagnostic features; 14
(D) the structure; 15
(E) the internal drainage; 16
(F) the depth, thickness, and type of restrictive horizon; horizon(s); and 17
(G) the presence or absence and depth of evidence of any seasonal high water table. table 18
(SHWT). 19
Applicants shall dig pits when necessary for evaluation of the soils at the site. site; 20
(2) Recommendations concerning loading rates of liquids, solids, other wastewater constituents and 21
amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated 22
hydraulic conductivity in the most restrictive horizon for each soil mapping unit. Maximum 23
irrigation precipitation rates shall be provided for each soil mapping unit. unit; 24
(3) A field-delineated soil map delineating soil mapping units within each land application site and 25
showing all physical features, location of pits and auger borings, legends, scale, and a north arrow. 26
The legends shall also include dominant soil series name and family or higher taxonomic class for 27
each soil mapping unit. unit; and 28
(4) A representative soils analysis (i.e., Standard Soil Fertility Analysis) Standard Soil Fertility Analysis 29
conducted on each land application site. The Standard Soil Fertility Analysis shall include the 30
following parameters: 31
(A) Acidity; acidity, 32
(B) Base Saturation (by calculation); base saturation (by calculation), 33
(C) Calcium; calcium, 34
(D) Cation Exchange Capacity; cation exchange capacity, 35
(E) Copper; copper, 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 220 of 525
(F) Exchangeable Sodium Percentage (by calculation); exchangeable sodium percentage (by 1
calculation), 2
(G) Magnesium; magnesium, 3
(H) Manganese; manganese, 4
(I) Percent Humic Matter; percent humic matter, 5
(J) pH; pH, 6
(K) Phosphorus; phosphorus, 7
(L) Potassium; potassium, 8
(M) Sodium; sodium, and 9
(N) Zinc. zinc. 10
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, 11
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.] 12
(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents. 13
The following documents shall be provided to the Division by the Applicant: applicant: 14
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 15
1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing 16
engineering under G.S. 89C.] 17
(1) engineering plans for the entire system, including treatment, storage, application, and disposal 18
facilities and equipment except those previously permitted unless those previously permitted are 19
directly tied into the new units or are critical necessary to the understanding of the complete process; 20
(2) specifications describing materials to be used, methods of construction, and means for ensuring 21
quality and integrity of the finished product product, including leakage testing; and 22
(3) engineering calculations calculations, including hydraulic and pollutant loading for each treatment 23
unit, treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head and 24
system curve analysis for each pump, buoyancy calculations, and irrigation design. 25
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 26
1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing 27
engineering pursuant to G.S. 89C.] 28
(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries 29
and physical features not under the purview of other licensed professions. Site plans or maps shall be provided to the 30
Division by the Applicant applicant depicting the location, orientation and relationship of facility components 31
including: 32
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 33
1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps 34
pursuant to this Paragraph constitutes practicing surveying under G.S. 89C.] 35
(1) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of 36
total site relief and showing all facility-related structures and fences within the treatment, storage, 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 221 of 525
and disposal areas, and soil mapping units shown on all disposal sites; a scaled map of the site, with 1
topographic contour intervals not exceeding 10 feet or 25 percent of total site relief, showing: 2
(A) all facility-related structures and fences within the treatment, storage, and disposal areas; 3
and 4
(B) soil mapping units on all disposal sites; 5
(2) the location of all wells (including usage and construction details if available), streams (ephemeral, 6
intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 7
feet of all waste treatment, storage, and disposal sites sites(s) and delineation of the review and 8
compliance boundaries; 9
(3) setbacks as required by Rule .0506 of this Section; and 10
(4) site property boundaries within 500 feet of all waste treatment, storage, and disposal sites. sites(s). 11
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 12
1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps 13
pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.] 14
(e) Hydrogeologic report. A hydrogeologic description prepared by a Licensed Geologist, Licensed Soil Scientist, or 15
Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively, respectively, of the subsurface to a depth 16
of 20 feet or bedrock, whichever is less, shall be provided to the Division by the Applicant applicant for systems 17
treating industrial waste and any system with a design flow over 25,000 gallons per day. Industrial facilities with a 18
design flow less than 25,000 gallons per day of wastewater that can demonstrate that the effluent will be of quality 19
similar to domestic wastewater, including effluent requirements established in 15A NCAC 02T .0505(b)(1), shall, 20
upon request, be exempted from this requirement. The hydrogeologic evaluation shall be of the subsurface to a depth 21
of 20 feet or bedrock, whichever is less deep. A greater depth of An investigation to a depth greater than 20 feet is 22
required if the respective depth is used in predictive calculations. This evaluation shall be based on borings for which 23
the numbers, locations, and depths are sufficient sufficient numbers, locations, and depths of borings to define the 24
components of the hydrogeologic evaluation. In addition to borings, other techniques may be used to investigate the 25
subsurface conditions at the site. These techniques may include site, including geophysical well logs, surface 26
geophysical surveys, and tracer studies. This evaluation shall be presented in a report that includes the following 27
components: 28
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board for 29
Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for Engineers 30
and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic description 31
documents pursuant to this Paragraph constitutes practicing geology under G.S. 89E, soil science under G.S. 89F, or 32
engineering under G.S. 89C.] 33
(1) a description of the regional and local geology and hydrogeology; 34
(2) a description, based on field observations of the site, of the site topographic setting, streams, springs 35
and other groundwater discharge features, drainage features, existing and abandoned wells, rock 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 222 of 525
outcrops, and other features that may affect the movement of the contaminant plume and treated 1
wastewater; 2
(3) changes in the lithology underlying the site; 3
(4) the depth to bedrock and the occurrence of any rock outcrops; 4
(5) the hydraulic conductivity and transmissivity of the affected aquifer(s); aquifer as determined by in-5
situ field testing, such as slug tests or pumping tests, in the intended area of irrigation; 6
(6) the depth to the seasonal high water table; 7
(7) a discussion of the relationship between the affected aquifers of the site to local and regional 8
geologic and hydrogeologic features; 9
(8) a discussion of the groundwater flow regime of the site prior to the operation of the proposed facility 10
and the post operation of the proposed facility, facility, focusing on the relationship of the system 11
to groundwater receptors, groundwater discharge features, and groundwater flow media; and 12
(9) if the SHWT seasonal high water table is within six feet of the surface, a mounding analysis to 13
predict the level of the SHWT seasonal high water table after wastewater application. 14
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board for 15
Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for Engineers 16
and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic description 17
documents pursuant to this Paragraph constitutes practicing geology pursuant to G.S. 89E, soil science pursuant to 18
G.S. 89F, or engineering pursuant to G.S. 89C.] 19
(f) Property Ownership Documentation shall be provided to the Division by the Applicant, applicant consisting of: 20
(1) legal documentation of ownership (i.e., contract, deed or article of incorporation); 21
(2) written notarized intent to purchase agreement an agreement of an intent to purchase the property 22
that is written, notarized, and signed by both parties, accompanied by a plat or survey map; or 23
(3) written notarized lease agreement an agreement to lease the property that is written, notarized, and 24
signed by both parties, specifically indicating the intended use of the property, as well as 25
accompanied by a plat or survey map. Lease agreements shall adhere to the requirements of 15A 26
NCAC 02L .0107. 27
(g) Public utilities shall submit to the Division a Certificate of Public Conveyance Convenience and Necessity or a 28
letter from the NC Utilities Commission stating that it has received a franchise application. application has been 29
received. 30
(h) A complete chemical analysis of the typical wastewater to be discharged irrigated shall be provided to the Division 31
by the Applicant applicant for industrial waste, including which shall include: 32
(1) Total Organic Carbon; Total Organic Carbon, 33
(2) 5-day Biochemical Oxygen Demand (BOD5); 5-day Biochemical Oxygen Demand (BOD5), 34
(3) Chemical Oxygen Demand (COD); Chemical Oxygen Demand (COD), 35
(4) Nitrate Nitrogen (NO3-N); Nitrate Nitrogen (NO3-N), 36
(5) Ammonia Nitrogen (NH3-N); Ammonia Nitrogen (NH3-N), 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 223 of 525
(6) Total Kjeldahl Nitrogen (TKN); Total Kjeldahl Nitrogen (TKN), 1
(7) pH; pH, 2
(8) Chloride; Chloride, 3
(9) Total Phosphorus; Total Phosphorus, 4
(10) Phenol; Phenol, 5
(11) Total Volatile Organic Compounds; Total Volatile Organic Compounds, 6
(12) Fecal Coliform; Fecal Coliform, 7
(13) Calcium; Calcium, 8
(14) Sodium; Sodium, 9
(15) Magnesium; Magnesium, 10
(16) Sodium Adsorption Ratio (SAR); Sodium Adsorption Ratio (SAR), 11
(17) Total Trihalomethanes; Total Trihalomethanes, and 12
Toxicity Test Parameters and 13
(18) Total Dissolved Solids. 14
(i) A project evaluation and a receiver site agronomic management plan (if applicable) and recommendations 15
concerning cover crops and their ability to accept the proposed application rates of liquid, solids, minerals and other 16
constituents of the wastewater shall be provided to the Division by the Applicant. applicant. 17
(j) A residuals management plan as required by Rule .0508 .0508(a) of this Section shall be provided to the Division 18
by the Applicant. applicant. A written commitment is not required at the time of application; however, it must be 19
provided to the Division prior to operation of the permitted system. 20
(k) A water balance shall be provided to the Division by the applicant that determines required effluent storage based 21
upon the most limiting factor of the hydraulic loading based on either the most restrictive horizon or groundwater 22
mounding analysis; or nutrient management based on either agronomic rates for the specified cover crop or crop 23
management. 24
(k) The Applicant shall provide to the Division a water balance that determines the required effluent storage based on 25
the following most limiting factor: 26
(1) hydraulic loading based on the most restrictive horizon; 27
(2) hydraulic loading based on the groundwater mounding analysis; 28
(3) nutrient management based on agronomic rates for the specified cover crop; or 29
(4) nutrient management based on crop management. 30
31
History Note: Authority G.S. 143-215.1; 143-215.3(a); 32
Eff. September 1, 2006.2006; 33
Readopted Eff. September 1, 2018. 34
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 224 of 525
15A NCAC 02T .0505 is readopted with changes as published in 32:06 NCR 548-550 as follows: 1
2
15A NCAC 02T .0505 DESIGN CRITERIA 3
(a) The requirements in this Rule shall apply to all new and expanding facilities. facilities, as applicable. 4
(b) Minimum degree of treatment for new and expanding systems: systems are as follows: 5
(1) For new that are municipal, domestic and commercial facilities, except systems subject to 6
Subparagraph (b)(2) of this Rule, the minimum degree of treatment shall meet a monthly average 7
of each of the following: 8
(A) five-day Biochemical Oxygen Demand (BOD5) ≤ 30 mg/L; 9
(B) Total Suspended Solids (TSS) ≤ 30 mg/L; 10
(C) Ammonia (NH3-N) (NH3) ≤ 15 mg/L; and 11
(D) Fecal Coliforms ≤ 200 colonies/100 mL. ml. 12
(2) For expanding municipal, domestic, and commercial facilities except systems subject to 13
Subparagraphs (b)(3) or (b)(4) of this Rule, facilities shall meet the limitation provided in 14
Subparagraph (b)(1) of this Rule. 15
(3) For expanding municipal facilities, except those permitted as new under Subparagraph (b)(1) of this 16
Rule, with lagoon treatment systems, the minimum degree of treatment shall meet a monthly average 17
of five-day Biochemical Oxygen Demand (BOD5) ≤ 60 mg/L; Total Suspended Solids (TSS) ≤ 90 18
mg/L; Fecal Coliforms ≤ 200 colonies/100 ml. No expanding facilities shall be permitted under this 19
provision for any project whose application is received by the Division after December 31, 2011. 20
(2)(4) For expanding municipal facilities whose application is received by the Division after December 21
31, 2011, except those permitted as new under Subparagraph (b)(1) of this Rule, with lagoon 22
treatment systems systems, except those permitted as new under Subparagraph (b)(1) of this Rule, 23
the minimum degree of treatment shall meet a monthly average of each of the following: 24
(A) five-day Biochemical Oxygen Demand (BOD5) ≤ 30 mg/L; 25
(B) Total Suspended Solids (TSS) ≤ 90 mg/L; and 26
(C) Fecal Coliforms ≤ 200 colonies/100 ml. mL; or 27
(3)(5) that are not described in Subparagraphs (b)(1) and (b)(2) of this Rule shall meet treatment standards 28
that assure that surface water or groundwater standards will not be exceeded. Treatment for other 29
operations shall be based on producing the quality effluent used in documenting protection of 30
surface water or groundwater standards. 31
(c) All wastes shall be applied at agronomic rates unless predictive calculations are provided that document 32
demonstrate State groundwater standards will be protected. 33
(d) All treatment/storage lagoons/ponds open-atmosphere treatment lagoons and ponds, and open-atmosphere storage 34
units shall have at least two feet of freeboard. 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 225 of 525
(e) Waste, including treated waste, shall not be placed directly into, or in contact with, GA classified groundwater 1
unless such placement will not result in a contravention of GA groundwater standards, as demonstrated by predictive 2
calculations or modeling. 3
(f) Treatment works and disposal systems utilizing using earthen basins, lagoons, ponds or trenches, excluding holding 4
ponds containing non-industrial treated effluent prior to spray irrigation, for treatment, storage or disposal shall have 5
either a liner of natural material at least one foot in thickness and having a hydraulic conductivity of no greater than 1 6
x 10-6 centimeters per second when compacted, or a synthetic liner of sufficient thickness to exhibit structural integrity 7
and an effective hydraulic conductivity no greater than that of the natural material liner. 8
(g) The bottoms of earthen impoundments, trenches or other similar excavations shall be at least four feet above the 9
bedrock surface, except that the bottom of excavations which that are less than four feet above bedrock shall have a 10
liner with a hydraulic conductivity no greater than 1 x 10-7 centimeters per second. Liner thickness shall be that 11
thickness necessary to achieve a leakage rate consistent with the sensitivity of classified groundwaters. Liner 12
requirements may be reduced if it can be demonstrated by the Applicant demonstrates applicant through predictive 13
calculations or modeling methods that construction and use of these treatment and disposal units will not result in 14
contravention of surface water or groundwater standards. 15
(h) Impoundments, trenches or other excavations made for the purpose of storing or treating waste shall not be 16
excavated into bedrock unless the placement of waste into such excavations will not result in a contravention of surface 17
water or groundwater standards, as demonstrated by predictive calculations or modeling. 18
(i) Each facility, except for those using septic tanks or lagoon treatment, shall provide flow equalization with either a 19
capacity based upon a representative diurnal hydrograph or a capacity of 25 percent of the daily system design flow. 20
Flow equalization of at least 25 percent of the facilities permitted hydraulic capacity must be provided for all seasonal 21
or resort facilities and all other facilities with fluctuations in influent flow which may adversely affect the performance 22
of the system. 23
(j) By-pass and overflow lines shall be prohibited. 24
(k) Multiple pumps shall be provided if wherever pumps are used. 25
(l) Power reliability shall be provided, provided consisting of: 26
(1) automatically activated standby power supply supply, located onsite, and onsite capable of powering 27
all essential treatment units under design conditions; or 28
(2) approval by the Director that the facility: 29
(A) serves a private water distribution system which that has automatic shut-off at power failure 30
and no elevated water storage tanks; tanks, 31
(B) has sufficient storage capacity that no potential for overflow exists; exists, and 32
(C) can tolerate septic wastewater due to during prolonged detention. 33
(m) A water-tight seal on all treatment/storage treatment and storage units or minimum of two feet of protection from 34
the 100-year flood elevation shall be provided. 35
(n) Irrigation system design shall not exceed the recommended precipitation rates in the soils report prepared pursuant 36
to Rule .0504 of this Section. 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 226 of 525
(o) A minimum of 30 days of residual storage shall be provided. 1
(p) Disposal areas shall be designed to maintain a one-foot vertical separation between the seasonal high water table 2
and the ground surface. 3
(q) The public shall be prohibited access to the treatment, storage and irrigation facilities. wetted irrigation area and 4
treatment facilities. 5
(r) Influent pump stations shall meet the sewer minimum design criteria as provided set forth in Section .0300 of this 6
Subchapter. 7
(s) Septic tanks shall adhere to the standards established in 15A NCAC 18A .1900. 8
(t) The irrigation system Facilities [with an average daily flow greater than 10,000 GPD] shall be provided with a 9
flow meter to allow accurate determination of measure the volume of treated wastewater applied to each field. 10
(u) Coastal waste treatment facilities, defined in 15A NCAC 02H .0403, shall be equipped with noise and odor control 11
devices that shall be enclosed. 12
(v) For coastal waste treatment facilities, defined in 15A NCAC 02H .0403, all essential treatment and disposal units 13
shall be provided in duplicate. 14
(w) Facilities serving residential communities shall provide five days of effluent [storage.]storage, unless additional 15
storage is determined necessary pursuant to the water balance requirements in Rule .0504(k) of this Section, 16
(x) Automatically activated irrigation systems shall be connected to a rain or moisture sensor to prevent irrigation 17
during precipitation events or wet conditions that would cause runoff. 18
19
History Note: Authority G.S. 143-215.1; 143-215.3(a); 20
Eff. September 1, 2006.2006; 21
Readopted Eff. September 1, 2018. 22
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 227 of 525
15A NCAC 02T .0506 is readopted with changes as published in 32:06 NCR 550 as follows: 1
2
15A NCAC 02T .0506 SETBACKS 3
(a) The setbacks for irrigation sites shall be as follows: 4
Spray Drip 5
(feet) (feet) 6
Any habitable residence or place of public assembly under separate ownership 7
or not to be maintained as part of the project site 400 100 8
Any habitable residence or place of public assembly owned by the Permittee permittee 9
to be maintained as part of the project site 200 15 10
Any private or public water supply source 100 100 11
Surface waters (streams – intermittent and perennial, perennial waterbodies, 12
and wetlands) 100 100 13
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 100 100 14
Surface water diversions (ephemeral streams, waterways, ditches) 25 25 15
Any well with exception of monitoring wells 100 100 16
Any property line 150 50 17
Top of slope of embankments or cuts of two feet or more in vertical height 15 15 18
Any water line from a disposal system 10 10 19
Subsurface groundwater lowering drainage systems 100 100 20
Any swimming pool 100 100 21
Public right of way 50 50 22
Nitrification field 20 20 23
Any building foundation or basement 15 15 24
(b) The setbacks for treatment and storage units shall be as follows: 25
(feet) 26
Any habitable residence or place of public assembly under separate ownership 27
or not to be maintained as part of the project site 100 28
Any private or public water supply source 100 29
Surface waters (streams – intermittent and perennial, perennial waterbodies, 30
and wetlands) 50 31
Any well with exception of monitoring wells 100 32
Any property line 50 33
(c) Achieving the reclaimed water effluent standards contained established in 15A NCAC 02U .0301 shall permit the 34
system to use the setbacks located in 15A NCAC 02U .0701(d) for property lines and the compliance boundary shall 35
be at the irrigation area boundary. 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 228 of 525
(d)Setback waivers shall be written, notarized, signed by all parties involved and recorded with the county Register 1
of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107. 2
(e) Setbacks to property lines established in Paragraphs (a) and (b) of this Rule shall not be applicable when the3
Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line. 4
(f) Habitable residences or places of [public] assembly under separate ownership constructed after the non-discharge5
facilities were originally permitted or subsequently modified, are exempt from the setback requirements in Paragraphs 6
(a) and (b) of this Rule.7
8
History Note: Authority G.S. 143-215.1; 143-215.3(a); 9
Eff. September 1, 2006; 10
Amended Eff. June 18, 2011.2011; 11
Readopted Eff. September 1, 2018. 12
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 229 of 525
15A NCAC 02T .0507 is readopted with changes as published in 32:06 NCR 550-551 as follows: 1
2
15A NCAC 02T .0507 OPERATION AND MAINTENANCE PLAN 3
(a) An operation and maintenance plan shall be maintained for all systems. The plan shall: 4
(1) describe the operation of the system in sufficient detail to show what operations are necessary for 5
the system to function and by whom the functions operations are to be conducted; 6
(2) describe anticipated maintenance of the system; 7
(3) include provisions for safety measures, measures including restriction of access to the site and 8
equipment, as appropriate; and 9
(4) include spill control provisions, provisions including: 10
(A)(a) response to upsets and bypasses, bypasses including control, containment, and 11
remediation; and 12
(B)(b) contact information for plant personnel, emergency responders, and regulatory agencies. 13
(b) Irrigation areas shall have a year-round vegetative cover. 14
(c) Irrigation shall not result in ponding or runoff of treated effluent. 15
(d) Irrigation and metering equipment shall be tested and calibrated annually, or as established by permit. 16
(e) [Automobiles]Vehicles and heavy machinery shall not be allowed on the irrigation area, except during installation 17
or maintenance activities. 18
(f) Water level gauges shall be provided for all open-atmosphere treatment lagoons and ponds, and open-atmosphere 19
storage units. 20
(g) Vegetative cover shall be maintained on all earthen embankments. 21
(h) The Permittee shall keep a log of maintenance activities that occur at the facility. 22
(i) The Permittee shall perform inspections and maintenance to ensure proper operation of the facility. 23
24
History Note: Authority G.S. 143-215.1; 143-215.3(a); 25
Eff. September 1, 2006.2006; 26
Readoption Eff. September 1, 2018. 27
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 230 of 525
15A NCAC 02T .0508 is readopted as published in 32:06 NCR 551 as follows: 1
2
15A NCAC 02T .0508 RESIDUALS MANAGEMENT PLAN 3
(a) A Residuals Management Plan shall be maintained for all systems that generate residuals. The plan must shall 4
include the following: 5
(1) a detailed explanation as to how the residuals will be collected, handled, processed, stored and 6
disposed; 7
(2) an evaluation of the residuals storage requirements for the treatment facility, facility based upon the 8
maximum anticipated residuals production rate and the ability to remove residuals; 9
(3) a permit for residuals disposal or utilization utilization, or a written commitment to the Permittee of 10
a Department-approved Department approved residuals disposal/utilization disposal or utilization 11
program accepting the residuals which that demonstrates that the approved program has adequate 12
capacity to accept the residuals residuals, or that an application for approval has been submitted; 13
and 14
(4) if oil, grease, grit, or screenings removal and collection is a designed unit process, a detailed 15
explanation as to how the oil/grease these materials will be collected, handled, processed, stored and 16
disposed. 17
(b) The Permittee shall maintain a record of all residuals removed from the facility. 18
19
History Note: Authority G.S. 143-215.1; 143-215.3(a); 20
Eff. September 1, 2006.2006; 21
Readopted Eff. September 1, 2018. 22
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 231 of 525
15A NCAC 02T .0601 is readopted as published in 32:06 NCR 551 as follows: 1
2
SECTION .0600 – SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEMS 3 4
15A NCAC 02T .0601 SCOPE 5
The rules in this Section shall apply to all surface irrigation of wastewater systems specifically designed for one 6
building single-family residences. One building single-family residences generating and utilizing reclaimed water 7
shall meet requirements established in 15A NCAC 02U. Surface irrigation systems serving single-family residences 8
are shall be considered to be ground absorption systems in accordance with 15A NCAC 02L .0107. 9
10
History Note: Authority G.S. 143-215.1; 143-215.3(a); 11
Eff. September 1, 2006.2006; 12
Readopted Eff. September 1, 2018. 13
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 232 of 525
15A NCAC 02T .0604 is readopted with changes as published in 32:06 NCR 551-553 as follows: 1
2
15A NCAC 02T .0604 APPLICATION SUBMITTAL 3
(a) The requirements in this Rule shall apply to all new and expanding facilities, as applicable. facilities. 4
(b) Soils Report.report. A soil evaluation of the disposal site shall be provided to the Division by the Applicant 5
applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation: 6
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, 7
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science under G.S. 89F.] 8
(1) A field Field description of the soil profile, based on examinations of excavation pits and auger 9
borings, within seven feet of land surface or to bedrock bedrock, describing the following 10
parameters by individual diagnostic horizons: 11
(A) the thickness of the horizon; 12
(B) the texture; 13
(C) the color and other diagnostic features; 14
(D) the structure; 15
(E) the internal drainage; 16
(F) the depth, thickness, and type of restrictive horizon(s); horizon; and 17
(G) the presence or absence and depth of evidence of any seasonal high water table. 18
Applicants may be required to dig pits when necessary for proper evaluation of the soils at the site. 19
(2) Recommendations concerning loading rates of liquids, solids, other wastewater constituents and 20
amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated 21
hydraulic conductivity in the most restrictive horizon for each soil mapping unit. Maximum 22
irrigation precipitation rates shall be provided for each soil mapping unit. 23
(3) A field-delineated soil map delineating soil mapping units within each land application site and 24
showing all physical features, location of pits and auger borings, legends, scale, and a north arrow. 25
The legends shall also include dominant soil series name and family or higher taxonomic class for 26
each soil mapping unit; and 27
(4) A representative soils analysis (i.e., Standard Soil Fertility Analysis) Standard Soil Fertility Analysis 28
conducted on each land application site. The Standard Soil Fertility Analysis shall include the 29
following parameters: 30
(A) Acidity; acidity, 31
(B) Base Saturation (by calculation); base saturation (by calculation), 32
(C) Calcium; calcium, 33
(D) Cation Exchange Capacity; cation exchange capacity, 34
(E) Copper; copper, 35
(F) Exchangeable Sodium Percentage (by calculation); exchangeable sodium percentage (by 36
calculation), 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 233 of 525
(G) Magnesium; magnesium, 1
(H) Manganese; manganese, 2
(I) Percent Humic Matter; percent humic matter, 3
(J) pH; pH, 4
(K) Phosphorus; phosphorus, 5
(L) Potassium; potassium, 6
(M) Sodium; sodium, and 7
(N) Zinc. zinc. 8
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, 9
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.] 10
(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents. 11
The following documents shall be provided to the Division by the Applicant: applicant: 12
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 13
1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing 14
engineering under G.S. 89C.] 15
(1) engineering plans for the entire system, including treatment, storage, application, and disposal 16
facilities and equipment except those previously permitted unless those previously permitted are 17
directly tied into the new units or are critical necessary to the understanding of the complete process; 18
(2) specifications describing materials to be used, methods of construction, and means for ensuring 19
quality and integrity of the finished product, including leakage testing; and 20
(3) engineering calculations, including hydraulic and pollutant loading for each treatment unit, 21
treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head and 22
system curve analysis for each pump, buoyancy calculations, and irrigation design. 23
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 24
1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing 25
engineering pursuant to G.S. 89C.] 26
(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries 27
and physical features not under the purview of other licensed professions. Site plans or maps shall be provided to the 28
Division by the Applicant applicant depicting the location, orientation and relationship of facility components 29
including: 30
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 31
1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps 32
pursuant to this Paragraph constitutes practicing surveying under G.S. 89C.] 33
(1) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of 34
total site relief and showing all facility-related structures and fences within the treatment, storage 35
and disposal areas, and soil mapping units shown on all disposal sites; a scaled map of the site, with 36
topographic contour intervals not exceeding 10 feet or 25 percent of total site relief, showing: 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 234 of 525
(A) all facility-related structures and fences within the treatment, storage, and disposal areas; 1
and 2
(B) soil mapping units on all disposal sites; 3
(2) the location of all wells (including usage and construction details if available), streams (ephemeral, 4
intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 5
feet of all waste treatment, storage, and disposal site(s) site and delineation of the review and 6
compliance boundaries; 7
(3) setbacks as required by Rule .0606 of this Subchapter;Section; and 8
(4) site property boundaries within 500 feet of all waste treatment, storage, and disposal site(s). sites. 9
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 10
1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps 11
pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.] 12
(e) Property Ownership Documentation shall be provided to the Division consisting of: 13
(1) legal documentation of ownership (i.e., contract, deed or article of incorporation); 14
(2) written notarized intent to purchase agreement an agreement of an intent to purchase the property 15
that is written, notarized, and signed by both parties, accompanied by a plat or survey map; or 16
(3) written notarized lease agreement an agreement to lease the property that is written, notarized, and 17
signed by both parties, specifically indicating the intended use of the property, as well as 18
accompanied by a plat or survey map. Lease agreements shall adhere to the requirements of 15A 19
NCAC 02L .0107. 20
(f) An Operation and Maintenance Plan addressing routine inspections, maintenance schedules, troubleshooting and 21
a layman's explanation about the wastewater treatment and irrigation disposal systems shall be submitted to the 22
Division by the Applicant. applicant. 23
(g) A letter from the local County Health Department denying the site for all subsurface systems shall be submitted 24
to the Division by the Applicant. applicant. 25
(h) A notarized A properly executed Operation and Maintenance Agreement shall be submitted to the Division by the 26
Applicant. applicant. 27
28
History Note: Authority G.S. 143-215.1; 143-215.3(a); 29
Eff. September 1, 2006.2006; 30
Readopted Eff. September 1, 2018. 31
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 235 of 525
15A NCAC 02T .0605 is readopted as published in 32:06 NCR 553 as follows: 1
2
15A NCAC 02T .0605 DESIGN CRITERIA 3
(a) The requirements in this Rule shall apply to new and expanding facilities. 4
(b) Minimum degree of treatment for new and expanding systems prior to storage shall meet a monthly average of 5
each of the following: 6
(1) five-day Biochemical Oxygen Demand (BOD5) ≤ 30 mg/L; 7
(2) Total Suspended Solids (TSS) ≤ 30 mg/L; 8
(3) Ammonia (NH3) ≤ 15 mg/L; and 9
(4) Fecal Coliforms ≤ 200 colonies/100 mL. ml. 10
(c) Waste, including treated waste, shall not be placed directly into, or in contact with, GA classified groundwater 11
unless such placement will not result in a contravention of GA groundwater standards, as demonstrated by predictive 12
calculations or modeling. 13
(d) Excavation into bedrock shall be lined with a 10 millimeter synthetic liner. 14
(e) Earthen treatment and storage facilities shall be prohibited. 15
(f) By-pass and overflow lines shall be prohibited. 16
(g) A water-tight seal on all treatment/storage treatment and storage units or minimum of two feet of protection from 17
the 100-year flood elevation shall be provided. 18
(h) Preparation of an operational management plan, plan and, if appropriate, a crop management plan shall be 19
provided. 20
(i) Fencing shall be provided to prevent access to the irrigation site (minimum 2-strand wire) and treatment units shall 21
be secured with locks on all tankage and control panels. lockable. 22
(j) Irrigation system design shall not exceed the recommended precipitation rates in the soils report prepared pursuant 23
to Rule .0604 of this Section. 24
(k) Septic tanks shall adhere to 15A NCAC 18A .1900. 25
(l) Tablet chlorination or ultraviolet disinfection shall be provided. 26
(m) A minimum of five Five days of storage based on average daily flow between the pump off float and inlet invert 27
pipe shall be provided. 28
(n) Pump/dosing Pump and dosing tanks shall have audible and visual alarms external to any structure. 29
(o) A rain or moisture sensor shall be provided to prevent irrigation during precipitation events or wet conditions that 30
would cause runoff. 31
(p) A minimum of 18 inches of vertical separation between the apparent seasonal high water table and the ground 32
surface shall be provided. 33
(q) A minimum of one One foot of vertical separation between any perched seasonal high water table and the ground 34
surface shall be provided. 35
(r) Loading rates shall not exceed 50 inches per year. 36
37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 236 of 525
History Note: Authority G.S. 143-215.1; 143-215.3(a); 1
Eff. September 1, 2006.2006; 2
Readopted Eff. September 1, 2018. 3
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 237 of 525
15A NCAC 02T .0606 is readopted with changes as published in 32:06 NCR 553-554 as follows: 1
2
15A NCAC 02T .0606 SETBACKS 3
(a) The setbacks for Irrigationirrigation sites shall be as follows: 4
Spray Drip 5
(feet) (feet) 6
Any habitable residence or place of public assembly under separate ownership 7
or not to be maintained as part of the project site 400 100 8
Any habitable residence or place of public assembly owned by the Permittee permittee 9
to be maintained as part of the project site 200 15 10
Any private or public water supply source 100 100 11
Surface waters (streams – intermittent and perennial, perennial waterbodies, 12
and wetlands) 100 100 13
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 100 100 14
Surface water diversions (ephemeral streams, waterways, ditches) 25 25 15
Any well with exception of monitoring wells 100 100 16
Any property line 150 50 17
Top of slope of embankments or cuts of two feet or more in vertical height 15 15 18
Any water line from a disposal system 10 10 19
Subsurface groundwater lowering drainage systems 100 100 20
Any swimming pool 100 100 21
Public right of way 50 50 22
Nitrification field 20 20 23
Any building foundation or basement 15 15 24
(b) Treatment and storage facilities associated with systems permitted under this Section shall adhere to the setback 25
requirements in Section .0500 of this Subchapter except as provided in this Rule. 26
(c) Setback waivers shall be written, notarized, signed by both parties and recorded with the County Register of 27
Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107. 28
(d) Setbacks to property lines established in Paragraphs (a) and (b) of this Rule shall not be applicable when the 29
Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line. 30
(e) Habitable residences or places of [public] assembly under separate ownership constructed after the non-discharge 31
facilities were originally permitted or subsequently modified, are exempt from the setback requirements in Paragraphs 32
(a) and (b) of this Rule. 33
34
History Note: Authority G.S. 143-215.1; 143-215.3(a); 35
Eff. September 1, 2006.2006; 36
Readopted Eff. September 1,2018. 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 238 of 525
15A NCAC 02T .0607 is readopted as published in 32:06 NCR 554 as follows: 1
2
15A NCAC 02T .0607 CONNECTION TO REGIONAL SYSTEM 3
If a public or community sewage system is or becomes available, the subject wastewater treatment facilities shall be 4
closed and all wastewater shall be discharged into the public or community sewage system. 5
6
History Note: Authority G.S. 143-215.1; 143-215.3(a); 7
Eff. September 1, 2006.2006; 8
Readopted Eff. September 1, 2018. 9
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 239 of 525
15A NCAC 02T .0608 is proposed for adoption with changes as published in 32:06 NCR 554 as follows: 1
2
15A NCAC 02T .0608 OPERATION AND MAINTENANCE 3
(a) Irrigation areas shall have a year-round vegetative cover. 4
(b) Irrigation shall not result in ponding or runoff of treated effluent. 5
(c) Metering equipment shall be tested and calibrated annually, or as established by permit. 6
(d) Automobiles Vehicles and heavy machinery shall not be allowed on the irrigation area, except during installation 7
or maintenance activities. 8
(e) The Permittee shall keep a log of maintenance activities that occur at the facility. 9
(f) The Permittee shall perform inspections and maintenance to ensure proper operation of the facility. 10
11
History Note: Authority G.S. 143-215.1; 143-215.3(a); 12
Eff. September 1, 2018. 13
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 240 of 525
15A NCAC 02T .0701 is readopted as published in 32:06 NCR 554 as follows: 1
2
SECTION .0700 – HIGH RATE HIGH-RATE INFILTRATION SYSTEMS 3
4
15A NCAC 02T .0701 SCOPE 5
This Section shall apply applies to all high-rate infiltration facilities. High-rate infiltration facilities include all 6
facilities that dispose of wastewater effluent onto the land at an application rate that meets or exceeds the rates provided 7
in Rule .0702 of this Section. 8
9
History Note: Authority G.S. 143-215.1; 143-215.3(a); 10
Eff. September 1, 2006.2006; 11
Readopted Eff. September 1, 2018. 12
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 241 of 525
15A NCAC 02T .0702 is readopted with changes as published in 32:06 NCR 554 as follows: 1
2
15A NCAC 02T .0702 DEFINITIONS 3
As s used in this Section, "High-rate infiltration" shall mean any application rate that exceeds 1.75 inches of 4
wastewater effluent per week or 0.156 gallons per day per square foot of land. mean: 5
(1) In coastal areas as defined in Section 15A NCAC 02H .0400, an application rate that exceeds 1.75 6
inches of wastewater effluent per week (0.156 gallons per day per square foot of land). 7
(2) In non-coastal areas, an application rate that exceeds 1.50 gallons of wastewater effluent per day per 8
square foot of land (16.8 inches per week). 9
10
History Note: Authority G.S. 143-215.1; 143-215.3(a); 11
Eff. September 1, 2006.2006; 12
Readopted Eff. September 1, 2018. 13
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 242 of 525
15A NCAC 02T .0704 is readopted with changes as published in 32:06 NCR 554-557 as follows: 1
2
15A NCAC 02T .0704 APPLICATION SUBMITTAL 3
(a) The requirements in this Rule shall apply to all new and expanding facilities, as applicable. facilities. 4
(b) Soils Report.report. A soil evaluation of the disposal site shall be provided to the Division by the Applicant 5
applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation: 6
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, 7
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science under G.S. 89F.] 8
(1) A field Field description of the soil profile, based on examinations of excavation pits or auger 9
borings, within seven feet of land surface or to bedrock bedrock, describing the following 10
parameters by individual diagnostic horizons: 11
(A) the thickness of the horizon; 12
(B) the texture; 13
(C) the color and other diagnostic features; 14
(D) the structure; 15
(E) the internal drainage; 16
(F) the depth, thickness, and type of restrictive horizon(s); horizon; and 17
(G) the presence or absence and depth of evidence of any seasonal high water table (SHWT). 18
table. 19
Applicants shall dig pits when necessary for evaluation of the soils at the site. site; 20
(2) Recommendations concerning loading rates of liquids, solids, other wastewater constituents and 21
amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated 22
hydraulic conductivity in the most restrictive horizon for each soil mapping unit. Maximum 23
irrigation precipitation infiltration rates shall be provided for each soil mapping unit. 24
(3) A field-delineated soil map delineating soil mapping units within each land application site and 25
showing all physical features, location of pits and auger borings, legends, scale, and a north arrow. 26
The legends shall also include dominant soil series name and family or higher taxonomic class for 27
each soil mapping unit; and 28
(4) A representative soils analysis (i.e., Standard Soil Fertility Analysis) Standard Soil Fertility Analysis 29
conducted on each land application site. The Standard Soil Fertility Analysis shall include the 30
following parameters: 31
(A) Acidity; acidity, 32
(B) Base Saturation (by calculation); base saturation (by calculation), 33
(C) Calcium; calcium, 34
(D) Cation Exchange Capacity; cation exchange capacity, 35
(E) Copper; copper, 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 243 of 525
(F) Exchangeable Sodium Percentage (by calculation); exchangeable sodium percentage (by 1
calculation), 2
(G) Magnesium; magnesium, 3
(H) Manganese; manganese, 4
(I) Percent Humic Matter; percent humic matter, 5
(J) pH; pH, 6
(K) Phosphorus; phosphorus, 7
(L) Potassium; potassium, 8
(M) Sodium; sodium, and 9
(N) Zinc. zinc. 10
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, 11
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.] 12
(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents. 13
The following documents shall be provided to the Division by the Applicant: applicant: 14
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 15
1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing 16
engineering under G.S. 89C.] 17
(1) engineering plans for the entire system, including treatment, storage, application, and disposal 18
facilities and equipment except those previously permitted unless those previously permitted are 19
directly tied into the new units or are critical necessary to the understanding of the complete process; 20
(2) specifications describing materials to be used, methods of construction, and means for ensuring 21
quality and integrity of the finished product including leakage testing; and 22
(3) engineering calculations, including hydraulic and pollutant loading for each treatment unit, 23
treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head and 24
system curve analysis for each pump, buoyancy calculations, and irrigation/infiltration design. 25
infiltration design. 26
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 27
1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing 28
engineering pursuant to G.S. 89C.] 29
(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries 30
and physical features not under the purview of other licensed professions. Site plans or maps shall be provided to the 31
Division by the Applicant applicant depicting the location, orientation and relationship of facility components 32
including: 33
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 34
1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps 35
pursuant to this Paragraph constitutes practicing surveying under G.S. 89C.] 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 244 of 525
(1) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of 1
total site relief and showing all facility-related structures and fences within the treatment, storage 2
and disposal areas, and soil mapping units shown on all disposal sites; a scaled map of the site, with 3
topographic contour intervals not exceeding 10 feet or 25 percent of total site relief, showing: 4
(A) all facility-related structures and fences within the treatment, storage, and disposal areas; 5
and 6
(B) soil mapping units on all disposal sites; 7
(2) the location of all wells (including usage and construction details if available), streams (ephemeral, 8
intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 9
feet of all waste treatment, storage, and disposal site(s) sites and delineation of the review and 10
compliance boundaries; 11
(3) setbacks as required by Rule .0706 of this Section; and 12
(4) site property boundaries within 500 feet of all waste treatment, storage, and disposal site(s). sites. 13
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 14
1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps 15
pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.] 16
(e) Hydrogeologic report. A hydrogeologic description prepared by a Licensed Geologist, Licensed Soil Scientist, or 17
Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively respectively, of the subsurface to a depth 18
of 20 feet or bedrock, whichever is less, shall be provided to the Division by the Applicant applicant for systems 19
treating industrial waste and any system with a design flow over 25,000 gallons per day. Industrial facilities with a 20
design flow less than 25,000 gallons per day, and can demonstrate that the effluent will be of quality similar to 21
domestic wastewater including effluent requirements established in 15A NCAC 02T .0705(b) and 02T .0706(b) or (c) 22
as applicable, may request and receive an exemption from this requirement. The hydrogeologic evaluation shall be of 23
the subsurface to a depth of 20 feet or bedrock, whichever is less deep. A greater depth of An investigation to a depth 24
greater than 20 feet is required if the respective depth is used in predictive calculations. This evaluation shall be based 25
on borings for which the numbers, locations, and depths are sufficient sufficient numbers, locations, and depths of 26
borings to define the components of the hydrogeologic evaluation. In addition to borings, other techniques may be 27
used to investigate the subsurface conditions at the site. site, including, These techniques may include geophysical 28
well logs, surface geophysical surveys, and tracer studies. This evaluation shall be presented in a report that includes 29
the following components: 30
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board for 31
Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for Engineers 32
and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic description 33
documents pursuant to this Paragraph constitutes practicing geology under G.S. 89E, soil science under G.S. 89F, or 34
engineering under G.S. 89C.] 35
(1) a description of the regional and local geology and hydrogeology; 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 245 of 525
(2) a description, based on field observations of the site, of the site topographic setting, streams, springs 1
and other groundwater discharge features, drainage features, existing and abandoned wells, rock 2
outcrops, and other features that may affect the movement of the contaminant plume and treated 3
wastewater; 4
(3) changes in the lithology underlying the site; 5
(4) the depth to bedrock and the occurrence of any rock outcrops; 6
(5) the hydraulic conductivity and transmissivity of the affected aquifer(s); aquifer as determined by in-7
situ field testing, such as slug tests or pumping tests, in the intended area of infiltration; 8
(6) the depth to the seasonal high water table; 9
(7) a discussion of the relationship between the affected aquifers of the site to local and regional 10
geologic and hydrogeologic features; 11
(8) a discussion of the groundwater flow regime of the site prior to the operation of the proposed facility 12
and the post operation of the proposed facility facility, focusing on the relationship of the system to 13
groundwater receptors, groundwater discharge features, and groundwater flow media; and 14
(9) a mounding analysis to predict the level of the SHWT seasonal high water table after wastewater 15
application. 16
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board for 17
Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for Engineers 18
and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic description 19
documents pursuant to this Paragraph constitutes practicing geology pursuant to G.S. 89E, soil science pursuant to 20
G.S. 89F, or engineering pursuant to G.S. 89C.] 21
(f) Property Ownership Documentation shall be provided to the Division consisting of: 22
(1) legal documentation of ownership (i.e., contract, deed or article of incorporation); 23
(2) written notarized intent to purchase agreement an agreement of an intent to purchase the property 24
that is written, notarized, and signed by both parties, accompanied by a plat or survey map; or 25
(3) written notarized lease agreement an agreement to lease the property that is written, notarized, and 26
signed by both parties, specifically indicating the intended use of the property, as well as 27
accompanied by a plat or survey map. Lease agreements shall adhere to the requirements of 15A 28
NCAC 02L .0107. 29
(g) Public utilities shall submit a Certificate of Public Conveyance Convenience and Necessity or a letter from the 30
NC Utilities Commission stating that it has received a franchise application has been received. application. 31
(h) A complete chemical analysis of the typical wastewater to be discharged infiltrated shall be provided to the 32
Division by the Applicant applicant for industrial waste, including which shall include: 33
(1) Total Organic Carbon, Total Organic Carbon; 34
(2) 5-day Biochemical Oxygen Demand (BOD5) , 5-day Biochemical Oxygen Demand (BOD5); 35
(3) Chemical Oxygen Demand (COD) , Chemical Oxygen Demand (COD); 36
(4) Nitrate Nitrogen (NO3-N) , Nitrate Nitrogen (NO3-N); 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 246 of 525
(5) Ammonia Nitrogen (NH3-N) , Ammonia Nitrogen (NH3-N); 1
(6) Total Kjeldahl Nitrogen (TKN) , Total Kjeldahl Nitrogen (TKN); 2
(7) pH, pH; 3
(8) Chloride, Chloride; 4
(9) Total Phosphorus, Total Phosphorus; 5
(10) Phenol, Phenol; 6
(11) Total Volatile Organic Compounds, Total Volatile Organic Compounds; 7
(12) Fecal Coliform, Fecal Coliform; 8
(13) Calcium, Calcium; 9
(14) Sodium, Sodium; 10
(15) Magnesium, Magnesium; 11
(16) Sodium Adsorption Ratio (SAR ) , Sodium Adsorption Ratio (SAR); 12
(17) Total Trihalomethanes, Total Trihalomethanes; and 13
Toxicity Test Parameters and 14
(18) Total Dissolved Solids. 15
(i) A project evaluation and a receiver site agronomic management plan (if applicable) containing recommendations 16
concerning cover crops and their ability to accept the proposed application rates of liquid, solids, minerals and other 17
constituents of the wastewater shall be provided to the Division. 18
(j) A residuals management plan as required by Rule .0708 .0708(a) of this Section is to be provided to the Division. 19
A written commitment is not required at the time of application; however, it must be provided prior to operation of 20
the permitted system. 21
(k) A water balance shall be provided to the Division that determines required effluent storage based upon the most 22
limiting factor of the hydraulic loading based on either the most restrictive horizon or groundwater mounding analysis; 23
or nutrient management based on either agronomic rates for a specified cover crop or crop management requirements. 24
(k) The Applicant shall provide to the Division a water balance that determines the required effluent storage based 25
on the following most limiting factor: 26
(1) hydraulic loading based on the most restrictive horizon; 27
(2) hydraulic loading based on the groundwater mounding analysis; 28
(3) nutrient management based on agronomic rates for the specified cover crop; or 29
(4) nutrient management based on crop management. 30
(l) Facilities utilizing subsurface groundwater lowering drainage systems shall demonstrate that groundwater and 31
surface water standards will be protected. 32
33
History Note: Authority G.S. 143-215.1; 143-215.3(a); 34
Eff. September 1, 2006.2006; 35
Readopted Eff. September 1, 2018. 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 247 of 525
15A NCAC 02T .0705 is readopted with changes as published in 32:06 NCR 557-558 as follows: 1
2
15A NCAC 02T .0705 DESIGN CRITERIA 3
(a) The requirements in this Rule shall apply to all new and expanding facilities. facilities, as applicable. 4
(b) Degree of treatment shall be based on a monthly average 5-day Biochemical Oxygen Demand (BOD5) ≤ 10 mg/L; 5
Total Suspended Solids (TSS) ≤ 15 mg/L; Ammonia Nitrogen (NH3-N) ≤ 4 mg/L; Fecal Coliforms ≤ 14 per 100 mL; 6
and Nitrate Nitrogen (NO3-N) ≤ 10 mg/L for domestic and commercial operations. Treatment for other operations 7
shall be based on producing the quality effluent used in documenting protection of surface water or groundwater 8
standards. More stringent effluent limits may be applied in accordance with calculations submitted by the applicant to 9
document protection of surface water or groundwater standards. 10
(b) Minimum degree of treatment for new and expanding systems: 11
(1) that are municipal, domestic and commercial facilities, except systems subject to Subparagraph 12
(b)(2) of this Rule, shall meet a monthly average of each of the following: 13
(A) five-day Biochemical Oxygen Demand (BOD5) ≤ 10 mg/L; 14
(B) Total Suspended Solids (TSS) ≤ 15 mg/L; 15
(C) Ammonia (NH3-N) ≤ 4 mg/L; 16
(D) Fecal Coliforms ≤ 14 colonies/100 mL; and 17
(E) Nitrate Nitrogen (NO3-N) ≤ 10 mg/L; or 18
(2) that are not described in Subparagraph (b)(1) of this Rule shall meet treatment standards that assure 19
that surface water or groundwater standards will not be exceeded. 20
(c) All treatment/storage lagoons/ponds open-atmosphere treatment lagoons and ponds, and open-atmosphere storage 21
and basin infiltration units shall have at least two feet of freeboard. 22
(d) Waste, including treated waste, shall not be placed directly into, or in contact with, GA classified groundwater 23
unless such placement will not result in a contravention of GA groundwater standards, as demonstrated by predictive 24
calculations or modeling. 25
(e) Treatment works and disposal systems utilizing using earthen basins, lagoons, ponds or trenches, excluding 26
holding ponds containing non-industrial treated effluent prior to spray irrigation infiltration, for treatment, storage or 27
disposal shall have either a liner of natural material at least one foot in thickness and having a hydraulic conductivity 28
of no greater than 1 x 10-6 centimeters per second when compacted, or a synthetic liner of sufficient thickness to 29
exhibit structural integrity and an effective hydraulic conductivity no greater than that of the natural material liner. 30
(f) The bottoms of earthen impoundments, trenches or other similar excavations shall be at least four feet above the 31
bedrock surface, except that the bottom of excavations which that are less than four feet above bedrock shall have a 32
liner with a hydraulic conductivity no greater than 1 x 10-7 centimeters per second. Liner thickness shall be that 33
thickness necessary to achieve a leakage rate consistent with the sensitivity of classified groundwaters. Liner 34
requirements may be reduced if it can be demonstrated by the Applicant demonstrates applicant through predictive 35
calculations or modeling methods that construction and use of these treatment and disposal units will not result in 36
contravention of surface water or groundwater standards. 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 248 of 525
(g) Impoundments, trenches or other excavations made for the purpose of storing or treating waste shall not be 1
excavated into bedrock unless the placement of waste into such excavations will not result in a contravention of surface 2
water or groundwater standards, as demonstrated by predictive calculations or modeling. 3
(h) Each facility, except for those using septic tanks or lagoon treatment, shall provide flow equalization with either 4
a capacity based upon a representative diurnal hydrograph or a capacity of 25 percent of the daily system design flow. 5
Flow equalization of at least 25 percent of the facilities permitted hydraulic capacity must be provided for all seasonal 6
or resort facilities and all other facilities with fluctuations in influent flow which may adversely affect the performance 7
of the system. 8
(i) By-pass and overflow lines shall be prohibited. 9
(j) Multiple pumps shall be provided if wherever pumps are used. 10
(k) Power reliability shall be provided provided, consisting of: 11
(1) automatically activated standby power supply power supply, located onsite, onsite and capable of 12
powering all essential treatment units under design conditions; or 13
(2) approval by the Director that the facility: 14
(A) serves a private water distribution system which that has automatic shut-off at power failure 15
and no elevated water storage tanks, tanks; 16
(B) has sufficient storage capacity that no potential for overflow exists, exists; and 17
(C) can tolerate septic wastewater due to during prolonged detention. 18
(l) A water-tight seal on all treatment/storage treatment and storage units or minimum of two feet of protection from 19
the 100-year flood elevation shall be provided. 20
(m) Irrigation Infiltration system design shall not exceed the recommended precipitation rates in the soils report 21
prepared pursuant to Rule .0704 of this Section. 22
(n) A minimum of 30 days of residuals storage shall be provided. 23
(o) Disposal areas shall be designed to maintain a one-foot vertical separation between the seasonal high water table 24
and the ground surface. 25
(p) The public shall be prohibited access to the treatment, storage and infiltration facilities. wetted disposal area and 26
treatment facilities. 27
(q) Influent pump stations shall meet the sewer minimum design criteria as provided set forth in Section .0300 of this 28
Subchapter. 29
(r) Septic tanks shall adhere to 15A NCAC 18A .1900. 30
(s) Infiltration areas shall be designed to allow routine maintenance of the area without interruption of disposal. 31
(t) Subsurface groundwater lowering drainage systems permitted under this Subchapter shall be subject to the 32
corrective action requirements in 15A NCAC 02L .0106. 33
(u) Waste treatment facilities shall be equipped with noise and odor control devices that shall be enclosed. 34
(v) All essential treatment and disposal units shall be provided in duplicate. 35
(w) The application rate shall not exceed 10 gallons per day per square foot (GPD/ft2). 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 249 of 525
(x) Facilities [with an average daily flow greater than 10,000 GPD] shall be provided with a flow meter to measure 1
the volume of treated wastewater applied to each infiltration site. 2
(y) Subsurface groundwater lowering drainage systems shall be prohibited within the compliance boundary. 3
(z) Facilities serving residential communities shall provide five days of effluent storage, unless the Applicant 4
demonstrates that the infiltrated effluent will not pond, runoff or breakout regardless of weather or soil conditions. 5
(aa) Automatically activated infiltration systems, excluding basin, rotary, and spray bed infiltration systems, shall be 6
connected to a rain or moisture sensor to prevent infiltration during precipitation events or wet conditions that would 7
cause runoff. 8
9
History Note: Authority G.S. 143-215.1; 143-215.3(a); 10
Eff. September 1, 2006.2006; 11
Readopted Eff. September 1,2018. 12
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 250 of 525
15A NCAC 02T .0706 is readopted with changes as published in 32:06 NCR 558-559 as follows: 1
2
15A NCAC 02T .0706 SETBACKS 3
(a) The setbacks for Infiltration Units infiltration sites shall be as follows: 4
Spray Drip Basin 5
(feet) (feet) (feet) 6
Any habitable residence or place of [public] assembly under separate 7
ownership or not to be maintained as part of the project site 400 100 100 8
Any habitable residence or place of [public] assembly owned by the Permittee 9
to be maintained as part of the project site 200 15 50 10
Any private or public water supply source 100 100 100 11
Surface waters (streams – intermittent and perennial, perennial waterbodies, 12
and wetlands) 200 200 200 13
Groundwater lowering ditches (where the bottom of the ditch intersects 14
the SHWT) 200 200 200 15
Subsurface groundwater lowering drainage systems 200 200 200 16
Surface water diversions (ephemeral streams, waterways, ditches) 50 50 50 17
Any well with exception of monitoring wells 100 100 100 18
Any property line 150 50 50 19
Top of slope of embankments or cuts of two feet or more in vertical height 100 100 100 20
Any water line from a disposal system 10 10 10 21
Public right of way 50 50 50 22
Nitrification field 20 20 20 23
Any building foundation or basement 15 15 15 24
Impounded public water supplies 500 500 500 25
Public shallow groundwater supply (less than 50 feet deep) 500 500 500 26
(feet) 27
Any habitable residence or place of public assembly under separate ownership 28
or not to be maintained as part of the project site 400 29
Any habitable residence or place of public assembly owned by the permittee 30
to be maintained as part of the project site 200 31
Any private or public water supply source 100 32
Surface waters (streams – intermittent and perennial, perennial waterbodies, and wetlands) 200 33
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 200 34
Subsurface groundwater lowering drainage systems 200 35
Surface water diversions (ephemeral streams, waterways, ditches) 50 36
Any well with exception of monitoring wells 100 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 251 of 525
Any property line 200 1
Top of slope of embankments or cuts of two feet or more in vertical height 100 2
Any water line from a disposal system 10 3
Any swimming pool 100 4
Public right of way 50 5
Nitrification field 20 6
Any building foundation or basement 15 7
Impounded public water supplies 500 8
Public shallow groundwater supply (less than 50 feet deep) 500 9
(b) Setbacks in Paragraph (a) of this Rule to surface waters, groundwater lowering ditches, and subsurface 10
groundwater lowering drainage systems shall be 100 feet if the treatment units are designed to meet a Total Nitrogen 11
of 7 mg/l mg/L and Total Phosphorus of 3 mg/l mg/L effluent limit. 12
(c) Setbacks in Paragraph (a) of this Rule to surface waters, groundwater lowering ditches, and subsurface 13
groundwater lowering drainage systems shall be 50 feet if the treatment units are designed to meet a Total Nitrogen 14
of 4 mg/l mg/L and Total Phosphorus of 2 mg/l mg/L effluent limit. This setback provision does shall not apply to SA 15
waters. 16
(d) Treatment and storage facilities associated with systems permitted under this Section shall adhere to the setback 17
requirements in Section .0500 of this Subchapter except as provided in this Rule. 18
(e) Setback waivers shall be written, notarized, signed by all parties involved and recorded with the County Register 19
of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107. 20
(f) Setbacks to property lines established in Paragraphs (a) and (d) of this Rule shall not be applicable when the 21
Permittee, or the entity from which the Permittee is leasing, owns both parcels creating said property line. 22
(g) Habitable residences or places of [public] assembly under separate ownership constructed after the non-discharge 23
facilities were originally permitted or subsequently modified, are exempt from the setback requirements in Paragraphs 24
(a) and (d) of this Rule. 25
26
History Note: Authority G.S. 143-215.1; 143-215.3(a); 27
Eff. September 1, 2006.,2006; 28
Readopted Eff. September 1, 2018. 29
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 252 of 525
15A NCAC 02T .0707 is readopted with changes as published in 32:06 NCR 559 as follows: 1
2
15A NCAC 02T .0707 OPERATION AND MAINTENANCE PLAN 3
(a) An operation and maintenance plan shall be maintained for all systems. The plan shall: 4
(1) describe the operation of the system in sufficient detail to show what operations are necessary for 5
the system to function and by whom the functions are to be conducted; 6
(2) describe anticipated maintenance of the system; 7
(3) include provisions for safety measures, measures including restriction of access to the site and 8
equipment, as appropriate; and 9
(4) include spill control provisions, provisions including: 10
(A) response to upsets and bypasses, bypasses including control, containment, and 11
remediation; and 12
(B) contact information for plant personnel, emergency responders, and regulatory agencies. 13
(b) Infiltration areas, excluding basin, rotary, and spray bed infiltration systems, shall have a year-round vegetative 14
cover. 15
(c) Infiltration, excluding basin infiltration systems, shall not result in ponding or runoff of treated effluent. 16
(d) Infiltration and metering equipment shall be tested and calibrated annually, or as established by permit. 17
(e) [Automobiles]Vehicles and heavy machinery shall not be allowed on the infiltration area, except during 18
installation or maintenance activities. 19
(f) Water level gauges shall be provided for all open-atmosphere treatment lagoons and ponds, and all open-20
atmosphere storage and basin infiltration units. 21
(g) Vegetative cover shall be maintained on all earthen embankments. 22
(h) Basin, rotary, and spray bed infiltration systems shall be cleaned to remove deposited materials every permit cycle, 23
or as established by permit. 24
(i) The Permittee shall keep a log of all maintenance activities that occur at the facility. 25
(j) The Permittee shall perform inspections and maintenance to ensure proper operation of the facility. 26
27
History Note: Authority G.S. 143-215.1; 143-215.3(a); 28
Eff. September 1, 2006.2006; 29
Readopted Eff. September 1, 2018. 30
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 253 of 525
15A NCAC 02T .0708 is readopted as published in 32:06 NCR 559-560 as follows: 1
2
15A NCAC 02T .0708 RESIDUALS MANAGEMENT PLAN 3
(a) A Residuals Management Plan shall be maintained for all systems that generate residuals. The plan must shall 4
include the following: 5
(1) a detailed explanation as to how the residuals will be collected, handled, processed, stored and 6
disposed; 7
(2) an evaluation of the residuals storage requirements for the treatment facility facility, based upon the 8
maximum anticipated residuals production rate and the ability to remove residuals; 9
(3) a permit for residuals disposal or utilization, utilization or a written commitment to the Permittee of 10
a Department approved Department-approved residuals disposal/utilization disposal or utilization 11
program accepting the residuals which that demonstrates that the approved program has adequate 12
capacity to accept the residuals, residuals or that an application for approval has been submitted; 13
and 14
(4) if oil, grease, grit, or screenings removal and collection is a designed unit process, a detailed 15
explanation as to how the oil/grease these materials will be collected, handled, processed, stored and 16
disposed. 17
(b) The Permittee shall maintain a record of all residuals removed from the facility. 18
19
History Note: Authority G.S. 143-215.1; 143-215.3(a); 20
Eff. September 1, 2006.2006; 21
Readopted Eff. September 1, 2018. 22
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 254 of 525
15A NCAC 02T .0801 is readopted as published in 32:06 NCR 560 as follows: 1
2
SECTION .0800 – OTHER NON-DISCHARGE WASTEWATER SYSTEMS 3
4
15A NCAC 02T .0801 SCOPE 5
This Section applies shall apply to systems not specifically regulated by other rules in this Subchapter in which the 6
waste and governs waste that is disposed of by ground absorption systems or other non-discharge systems such as 7
infiltration lagoons and evaporative systems systems, as well as authorizations to construct for NPDES facilities. 8
9
History Note: Authority G.S. 143-215.1; 143-215.3(a.); 10
Eff. September 1, 2006.2006; 11
Readopted Eff. September 1, 2018. 12
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 255 of 525
15A NCAC 02T .0804 is readopted as published in 32:06 NCR 560 as follows: 1
2
15A NCAC 02T .0804 APPLICATION SUBMITTAL 3
Submittal requirements shall be the same as systems permitted under 15A NCAC 02T .0504 15A NCAC 02T .0504, 4
except those that are not applicable to authorization to construct type permits (e.g., soils report, hydrogeological 5
investigations, or receiver site management plan). permits. 6
7
History Note: Authority G.S. 143-215.1; 143-215.3(a.); 8
Eff. September 1, 2006.2006; 9
Readopted Eff. September 1, 2018. 10
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 256 of 525
15A NCAC 02T .0805 is readopted as published in 32:06 NCR 560 as follows: 1
2
15A NCAC 02T .0805 DESIGN CRITERIA 3
Design requirements shall be the same as systems permitted under 15A NCAC 02T .0505 15A NCAC 02T .0505, 4
except those that are not applicable to authorization to construct type permits (e.g. degree of treatment and irrigation 5
system design requirements) or specifically addressed by Section 15A NCAC 02H .0100. 6
7
History Note: Authority G.S. 143-215.1; 143-215.3(a); 8
Eff. September 1, 2006.2006; 9
Readopted Eff. September 1, 2018. 10
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15A NCAC 02T .0806 is readopted with changes as published in 32:06 NCR 560 as follows: 1
2
15A NCAC 02T .0806 SETBACKS 3
Setbacks shall be the same as those listed in 15A NCAC 02T .0506 except infiltration basins, which shall meet the 4
setbacks listed in 15A NCAC 02T .0706 for infiltration units. .0706. 5
6
History Note: Authority G.S. 143-215.1; 143-215.3(a); 7
Eff. September 1, 2006.2006; 8
Readopted Eff. September 1, 2018. 9
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15A NCAC 02T .0807 is adopted as published in 32:06 NCR 590 as follows: 1
2
15A NCAC 02T .0807 OPERATION AND MAINTENANCE 3
Operation and maintenance requirements shall be the same as systems permitted under 15A NCAC 02T .0707. 4
5
History Note: Authority G.S. 143-215.1; 143-215.3(a); 6
Eff. September 1, 2018. 7
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15A NCAC 02T .0808 is adopted as published in 32:06 NCR 560 as follows: 1
2
15A NCAC 02T .0808 RESIDUALS MANAGEMENT 3
Residuals management requirements shall be the same as systems permitted under 15A NCAC 02T .0708. 4
5
History Note: Authority G.S. 143-215.1; 143-215.3(a); 6
Eff. September 1, 2018. 7
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15A NCAC 02T .1101 is readopted with changes as published in 32:06 NCR 560 as follows: 1
2
SECTION .1100 – RESIDUALS MANAGEMENT 3
4
15A NCAC 02T .1101 SCOPE 5
This Section shall apply applies to the treatment, storage, transportation, use, and disposal of residuals. Not regulated 6
under this Section is the treatment, storage, transportation, use, or disposal of: 7
(1) oil, grease, grit and screenings from wastewater treatment facilities; 8
(2) septage from wastewater treatment facilities; 9
(3) ash that is regulated in accordance with Section .1200;Section .1200 of this Subchapter; 10
(4) residuals that are regulated in accordance with Section .1300 and Section .1400 of this Subchapter; 11
(5) residuals that are prepared for land application, used, or disposed of in a solid waste management 12
facility permitted by the Division of Waste Management; 13
(6) residuals that are disposed of in an incinerator permitted by the Division of Air Quality; 14
(7) residuals that are transported out of state for treatment, storage, use, or disposal; and 15
(8) residuals that meet the definition of a hazardous waste in accordance with 40 CFR 260.10 as adopted 16
by reference in 15A NCAC 13A .0102(b) or that have a concentration of polychlorinated biphenyls 17
equal to or greater than 50 milligrams per kilogram of total solids on a dry weight basis; and (i.e., 18
dry weight basis). 19
(9) byproduct waste resulting from any process of industry, manufacturing, trade, business, or the 20
development of any natural resource (i.e., not from a wastewater treatment, water supply treatment, 21
or air pollution control facility permitted under the authority of the Commission). 22
23
History Note: Authority G.S. 143-215.1; 143-215.3(a); 24
Eff. September 1, 2006.2006; 25
Readopted Eff. September 1, 2018. 26
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15A NCAC 02T .1102 is readopted with changes as published in 32:06 NCR 560-562 as follows: 1
2
15A NCAC 02T .1102 DEFINITIONS 3
As used in this Section: 4
(1) "Aerobic digestion" shall mean the biochemical decomposition of organic matter in residuals into 5
carbon dioxide and water by microorganisms in the presence of air. 6
(2) "Agricultural land" shall mean land on which a food crop, feed crop, or fiber crop is grown. 7
(3) "Anaerobic digestion" shall mean the biochemical decomposition of organic matter in residuals into 8
methane gas and carbon dioxide by microorganisms in the absence of air. 9
(4) "Bag and other container" shall mean a bag, bucket, bin, box, carton, vehicle, trailer, tanker, or an 10
open or closed receptacle with a load capacity of 1.102 short tons or one metric ton or less. 11
(5) "Base flood" shall mean a flood that has a one percent chance change of occurring in any given year. 12
year (i.e., a flood with a magnitude equaled once in 100 years). 13
(6) "Biological residuals" shall mean residuals that have been generated during the treatment of 14
domestic wastewater, the treatment of animal processing wastewater, or the biological treatment of 15
industrial wastewater. 16
(7) "Biological treatment" shall mean treatment in a system that utilizes uses biological processes, 17
processes that shall include including lagoons, activated sludge systems, extended aeration systems, 18
and fixed film systems. 19
(8) "Bulk residuals" shall mean residuals that are transported and not sold or given away in a bag or 20
other container for application to the land. 21
(9) “Class A residuals” shall mean residuals that are either bagged or bulk residuals meeting; 22
(a) the Pollutant Limits in Rule .1105(a) of this Section and Rule .1105(c) of this Section; 23
(b) the Pathogen Reduction Requirements in Rule .1106(a) of this Section; and 24
(c) the Vector Attraction Reduction Requirements in Rule .1107 of this Section. 25
(10) “Class B residuals” shall mean residuals that are bulk residuals meeting; 26
(a) the Pollutant Limits in Rule .1105(a) of this Section and Rule .1105(b) of this Section; 27
(b) the Pathogen Reduction Requirements in Rule .1106(b) of this Section; and 28
(c) the Vector Attraction Reduction Requirements in Rule .1107 of this Section. 29
(11)[(8)](9) "Cover" shall mean soil or other Division-approved material used to cover residuals placed 30
in a surface disposal unit. 31
(12)[9](10) "Cumulative pollutant loading rate" shall mean the maximum amount of a pollutant that 32
can is permitted to be applied to a unit area of land. 33
(13)[10](11) "Dedicated program" shall mean a program involving the application of bulk residuals in 34
which any of the permitted land meets the definition of a dedicated land application site. 35
(14)[11](12) "Dedicated land application site" shall mean land: 36
(a) to which bulk residuals are applied at greater than agronomic rates; rates, 37
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(b) to which bulk residuals are applied through fixed irrigation facilities or irrigation facilities 1
fed through a fixed supply system; system, or 2
(c) where the primary use of the land is for the disposal of bulk residuals, residuals and 3
agricultural crop production is of secondary importance. 4
(15) [12](13) "Density of microorganisms" shall mean the number of microorganisms per unit mass of 5
total solids on a dry weight basis (i.e., dry weight basis) in the residuals. 6
(16) [13](14) "Dry weight basis" shall mean the weight calculated after the residuals have been dried at 7
105 degrees Celsius until they reach a constant mass. 8
(17)[14](15) "Feed crop" shall mean a crop produced for consumption by animals. 9
(18)[15](16) "Fiber crop" shall mean a crop grown for fiber production. This shall include production, 10
including flax and cotton. 11
(19)[16](17) "Food crop" shall mean a crop produced for consumption by humans. This shall include 12
humans, including fruits, vegetables, and tobacco. 13
(20)[17](18) "Grit" shall mean sand, gravel, cinders, or other materials with a high specific gravity 14
generated during preliminary treatment of wastewater in a wastewater treatment facility. 15
(21)[18](19) "Incorporation" shall mean the mixing of residuals with top soil to a minimum depth of 16
four inches by methods such as discing, plowing, and rototilling. 17
(22)[19](20) "Injection" shall mean the subsurface application of liquid residuals to a depth of four to 18
12 inches. 19
(23)[20](21) "Land application" shall mean the spraying or spreading of residuals onto the land surface, 20
surface; the injection of residuals below the land surface, surface; or the incorporation of residuals 21
into the soil so that the residuals can condition the soil or fertilize crops or vegetation grown in the 22
soil. 23
(24)[21](22) "Lower explosive limit for methane gas" shall mean the lowest percentage of methane gas 24
in air, by volume, that propagates a flame at 25 degrees Celsius and atmospheric pressure. 25
(25)[22](23) "Monthly average" shall mean the arithmetic mean of all measurements taken during the a 26
month. 27
(26)[23](24) "Pathogens" shall mean disease-causing organisms organisms, including disease-causing 28
bacteria, protozoa, viruses, and viable helminth ova. 29
(27)[24](25) "Place residuals" shall mean to dispose of residuals in a surface disposal unit. 30
(28)[25](26) "Person who prepares residuals" shall mean either the person who generates residuals 31
during the treatment of waste in a wastewater treatment facility or the person who derives a material 32
from residuals. 33
(29)[26](27) "Pollutant limit" shall mean a numerical value that describes the amount of a pollutant 34
allowed per unit amount of residuals or the amount of a pollutant that can be applied to a unit area 35
of land. 36
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(30)[27](28) "Public contact site" shall mean land with a high potential for contact by the public as 1
defined in 40 CFR 503.11(l). This shall include 503.11(1), including public parks, ball fields, 2
cemeteries, plant nurseries, turf farms, and golf courses. 3
(31) [28](29) "Runoff" shall mean rainwater, leachate, or other liquid that drains overland and runs off 4
of the land surface. 5
(32)[29](30) "Screenings" shall mean rags or other relatively large materials generated during 6
preliminary treatment of wastewater in a wastewater treatment facility. 7
(33)[30](31) "Seismic impact zone" shall mean an area that has a 10 percent or greater probability that 8
the horizontal ground level acceleration of the rock in the area exceeds 0.10 gravity once in 250 9
years. 10
(34)[31](32) "Specific oxygen uptake rate (SOUR)" shall mean the mass of oxygen consumed per unit 11
time per unit mass of total solids on a dry weight basis (i.e., dry weight basis) in the residuals. 12
(35)[32](33) "Surface disposal unit" shall mean the land on which only residuals are placed for final 13
disposal, including monofills, lagoons, and trenches and not including land on which residuals is 14
either treated or stored. not including land on which residuals is either treated or stored. This shall 15
include monofills, lagoons, and trenches. 16
(36)[33](34) "Surface disposal unit boundary" shall mean the outermost perimeter of a surface disposal 17
unit. 18
(37)[34](35) "Total solids" shall mean the materials that remain as residue after the residuals have been 19
dried at between 103 and 105 degrees Celsius until they reach a constant mass. 20
(38)[35](36) "Water treatment residuals" shall mean residuals that have been generated during the 21
treatment of potable or process water. 22
(39)[36](37) "Unstabilized residuals" shall mean residuals that have not been treated in either an aerobic 23
or an anaerobic treatment process. 24
(40)[37](38) "Unstable area" shall mean land subject to natural or human-induced forces that may 25
damage the structural components of a surface disposal unit. This shall include unit, including land 26
on which the soils are subject to mass movement. 27
(41)[38](39) "Vector attraction" shall mean the characteristic of residuals that attracts rodents, flies, 28
mosquitoes, or other organisms capable of transporting infectious agents. 29
(42)[39](40) "Volatile solids" shall mean the amount of the total solids in the residuals lost when they 30
are combusted at 550 degrees Celsius in the presence of excess air. 31
32
History Note: Authority G.S. 143-215.1; 143-215.3(a); 33
Eff. September 1, 2006.2006; 34
Readopted Eff. September 1, 2018. 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 264 of 525
15A NCAC 02T .1103 is readopted with changes as published in 32:06 NCR 562 as follows: 1
2
15A NCAC 02T .1103 PERMITTING BY REGULATION 3
(a) The following systems are shall be deemed permitted pursuant to Rule .0113 of this Subchapter provided if the 4
system meets the criteria in Rule .0113 of this Subchapter and all criteria required for the specific that system in this 5
Rule: 6
(1) Preparation for land application, use, or disposal of residuals in a solid waste facility permitted by 7
the Division of Waste Management that is approved to receive the residuals. 8
(2) Land application of residuals that have been prepared for land application in a solid waste facility 9
permitted by the Division of Waste Management approved to receive the residuals as long as if the 10
requirements of this Section are met. 11
(3) Land application sites onto which Class A residuals that are sold or given away in a bag or other 12
container container, are applied applied, provided the following criteria is are met: 13
(A) the residuals meet the pollutant limits in Rule .1105(a) and Rule .1105(c) of this Section, 14
(B) the residuals meet the pathogen requirements in Rule .1106(a)(1) .1106(a) of this Section, 15
(C) the residuals meet the vector attraction reduction requirements in Rule .1107(a) of this 16
Section, and 17
(D) the land application activities are carried out according to the instructions provided in the 18
informational sheet, sheet or bag bag, or other container label as required in Rule .1109(c) 19
.1109(a) of this Section. 20
(4) Land application sites onto which bulk Class A biological residuals are applied, provided that if the 21
residuals and activities meet meeting the following criteria: 22
(A) the residuals meet the pollutant limits in Rule .1105(a) and Rule .1105(c) of this Section, 23
(B) the residuals meet the pathogen requirements in Rule .1106(b).1106(a) of this Section, 24
(C) the residuals meet the vector attraction reduction requirements in Rule .1107(a) of this 25
Section, and 26
(D) the land application activities meet all applicable conditions of Rule .1108(b) .1108(b)(1) 27
and Rule .1109(a)(1) .1109(b) of this Section. 28
(5) Land application sites onto which Class A non-biological residuals generated from the treatment of 29
potable or fresh water or that are generated from the treatment of non-biological industrial 30
wastewater with no domestic or municipal wastewater contributions are applied, provided that if the 31
residuals and activities meet the following criteria: 32
(A) the residuals meet the pollutant limits in Rule .1105(a) and Rule .1105(c) of this Section, 33
(B) the residuals meet the pathogen requirements in Rule .1106(b) of this Section, and 34
(C) the land application activities meet all applicable conditions of Rule .1108(b) .1108(b)(1) 35
and Rule .1109 .1109(a)(1) of this Section. 36
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(6) Transportation of residuals from the residuals generating residuals-generating source facility to 1
other Division or Division of Waste Management facilities approved to treat, store, use, or dispose 2
the residuals. 3
(b) The Director may determine that a system should shall not be deemed permitted in accordance with this Rule and 4
Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter. 5
6
History Note: Authority G.S. 143-215.1; 143-215.3(a); 7
Eff. September 1, 2006.2006. 8
Readopted Eff. September 1, 2018. 9
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 266 of 525
15A NCAC 02T .1104 is readopted with changes as published in 32:06 NCR 563-569 as follows: 1
2
15A NCAC 02T .1104 APPLICATION SUBMITTAL 3
(a) For new and expanding residuals treatment and storage facilities: 4
(1) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information 5
on boundaries and physical features not under the purview of other licensed professions. Site plans 6
or maps shall be provided to the Division by the Applicant applicant depicting the location, 7
orientation and relationship of facility components components, including: 8
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 9
letter dated December 1, 2005, that locating boundaries and physical features, not under the purview 10
of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying 11
under G.S. 89C.] 12
(A) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 13
percent of total site relief and showing all facility-related structures and fences within the 14
treatment and storage areas; 15
(B) the location of all wells (including usage use and construction details if available), streams 16
(ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage 17
features within 500 feet of all treatment and storage facilities and delineation of the review 18
and compliance boundaries; 19
(C) setbacks as required by Rule .1108 of this Section; and 20
(D) site property boundaries within 500 feet of all treatment and storage facilities. 21
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 22
letter dated December 1, 2005, that locating boundaries and physical features, not under the purview 23
of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying 24
pursuant to G.S. 89C.] 25
(2) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these 26
documents. The following documents shall be provided to the Division by the Applicant: applicant: 27
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 28
letter dated December 1, 2005, that preparation of engineering design documents pursuant to this 29
Paragraph constitutes practicing engineering under G.S. 89C.] 30
(A) engineering plans for the facilities and equipment except those previously permitted unless 31
they are directly tied into the new units or are critical necessary to the understanding of the 32
complete process; 33
(B) specifications describing materials to be used, methods of construction, and means for 34
ensuring quality and integrity of the finished product, product including leakage testing; 35
and 36
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(C) engineering calculations calculations, including hydraulic and pollutant loading for each 1
unit, unit sizing criteria, hydraulic profile of the facilities, total dynamic head and system 2
curve analysis for each pump, and buoyancy calculations. 3
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 4
letter dated December 1, 2005, that preparation of engineering design documents pursuant to this 5
Paragraph constitutes practicing engineering pursuant to G.S. 89C.] 6
(b) For new and modified sources of residuals: 7
(1) Site maps shall be provided to the Division by the Applicant applicant depicting the location of the 8
source. 9
(2) A complete An analysis of the residuals shall be provided to the Division by the Applicant. 10
applicant. The analysis may include shall include: 11
(A) all pollutants identified in Rule .1105 of this Section; Section, 12
(B) nutrients and micronutrients; micronutrients, 13
(C) hazardous waste characterization tests; tests, and 14
(D) proof of compliance with Rule .1106 and Rule .1107 of this Section if applicable. 15
(3) A sampling/monitoring sampling and monitoring plan that describes how compliance with Rule 16
.1105, Rule .1106, and Rule .1107 of this Section if applicable shall be provided to the Division by 17
the Applicant. applicant. 18
(c) For new and expanding non-dedicated land application sites: 19
(1) Buffer Setback maps shall be provided to the Division by the Applicant applicant depicting the 20
location, orientation and relationship of land application site features including: 21
(A) a scaled map of the land application site, showing all related structures and fences within 22
the land application area; 23
(B) the location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, 24
ponds, and other surface drainage features within 500 feet of the land application area and 25
delineation of the review and compliance boundaries; 26
(C) setbacks as required by Rule .1108 of this Section; and 27
(D) property boundaries within 500 feet of the land application site. 28
(2) Soils Report.report. A soil evaluation of the land application site shall be provided to the Division 29
by the Applicant. applicant. This evaluation shall be presented in a report that includes the following. 30
If required by G.S. 89F, a soil scientist shall prepare this evaluation: 31
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated 32
December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing 33
soil science under G.S. 89F.] 34
(A) Confirmation of a county soils map, soil evaluation, and verification of the presence or 35
absence of a seasonal high water table within three feet of land surface or establishment of 36
a soil map through field description of soil profile, based on examinations of excavation 37
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pits or auger borings, within seven feet of land surface or to bedrock describing the 1
following parameters by individual diagnostic horizons: thickness of the horizon; texture; 2
color and other diagnostic features; structure; internal drainage; depth, thickness, and type 3
of restrictive horizon; horizon(s); and presence or absence and depth of evidence of any 4
seasonal high water table. table (SHWT). 5
(B) A representative soils analysis for standard soil fertility and all pollutants listed in Rule 6
.1105(b) of this Section. The Standard Soil Fertility Analysis shall include the following 7
parameters: acidity; base saturation (by calculation); calcium; cation exchange capacity; 8
copper; exchangeable sodium percentage (by calculation); magnesium; manganese; 9
percent humic matter; pH; phosphorus; potassium; sodium, and zinc. 10
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated 11
December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing 12
soil science pursuant to G.S. 89F.] 13
(3) A project evaluation and a land application site management plan (if applicable) with 14
recommendations concerning cover crops and their ability to accept the proposed application rates 15
of liquid, solids, minerals and other constituents of the residuals shall be provided to the Division. 16
(4) Unless the land application site is owned by the Permittee, property ownership documentation 17
consisting of a notarized landowner agreement shall be provided to the Division. 18
(d) For new and expanding dedicated land application sites: 19
(1) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information 20
on boundaries and physical features not under the purview of other licensed professions. Site plans 21
or maps shall be provided to the Division by the Applicant applicant depicting the location, 22
orientation and relationship of land application site features including: 23
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 24
letter dated December 1, 2005, that locating boundaries and physical features, not under the purview 25
of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying 26
under G.S. 89C.] 27
(A) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 28
percent of total site relief and showing all facility-related structures and fences within the 29
land application area; 30
(B) the location of all wells (including usage use and construction details if available), streams 31
(ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage 32
features within 500 feet of the land application site and delineation of the review and 33
compliance boundaries; 34
(C) setbacks as required by Rule .1108 of this Section; and 35
(D) property boundaries within 500 feet of the land application site. 36
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[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 1
letter dated December 1, 2005, that locating boundaries and physical features, not under the purview 2
of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying 3
pursuant to G.S. 89C.] 4
(2) Engineering design documents (for land applications sites onto which bulk residuals are applied 5
through fixed irrigation facilities or irrigation facilities fed through a fixed supply system only). If 6
required by G.S. 89C, a professional engineer shall prepare these documents. The following 7
documents shall be provided to the Division by the Applicant: applicant: 8
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 9
letter dated December 1, 2005, that preparation of engineering design documents pursuant to this 10
Paragraph constitutes practicing engineering under G.S. 89C.] 11
(A) engineering plans for the facilities and equipment except those previously permitted unless 12
they are directly tied into the new units or are critical necessary to the understanding of the 13
complete process; 14
(B) specifications describing materials to be used, methods of construction, and means for 15
ensuring quality and integrity of the finished product product, including leakage testing; 16
and 17
(C) engineering calculations calculations, including hydraulic and pollutant loading, sizing 18
criteria, hydraulic profile, total dynamic head and system curve analysis for each pump, 19
and irrigation design. 20
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 21
letter dated December 1, 2005, that preparation of engineering design documents pursuant to this 22
Paragraph constitutes practicing engineering pursuant to G.S. 89C.] 23
(3) Soils Report.report. A soil evaluation of the land application site shall be provided. This evaluation 24
shall be presented to the Division by the Applicant applicant in a report that includes the following. 25
If required by G.S. 89F, a soil scientist shall prepare this evaluation: 26
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated 27
December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing 28
soil science under G.S. 89F.] 29
(A) Field description of soil profile, based on examinations of excavation pits or auger borings, 30
within seven feet of land surface or to bedrock describing the following parameters by 31
individual diagnostic horizons: thickness of the horizon; texture; color and other diagnostic 32
features; structure; internal drainage; depth, thickness, and type of restrictive horizon(s); 33
horizon; and presence or absence and depth of evidence of any seasonal high water table. 34
table (SHWT). Applicants shall dig pits if necessary for proper evaluation of the soils at 35
the site. 36
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(B) Recommendations concerning loading rates of liquids, solids, other residuals constituents 1
and amendments (i.e., for land application sites onto which bulk residuals are applied 2
through fixed irrigation facilities or irrigation facilities fed through a fixed supply system 3
only). Annual hydraulic loading rates shall be based on in-situ measurement of saturated 4
hydraulic conductivity in the most restrictive horizon for each soil mapping unit. Maximum 5
irrigation precipitation rates shall be provided for each soil mapping unit. 6
(C) A field-delineated soil map delineating soil mapping units within the land application site 7
and showing all physical features, location of pits and auger borings, legends, scale, and a 8
north arrow. The legends shall also include dominant soil series name and family or higher 9
taxonomic class for each soil mapping unit. 10
(D) A representative soils analysis for standard soil fertility and all pollutants listed in Rule 11
.1105(b) of this Section. The Standard Soil Fertility Analysis shall include the following 12
parameters: acidity, base saturation (by calculation), calcium, cation exchange capacity, 13
copper, exchangeable sodium percentage (by calculation), magnesium, manganese, percent 14
humic matter, pH, phosphorus, potassium, sodium, and zinc. 15
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated 16
December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing 17
soil science pursuant to G.S. 89F.] 18
(4) Hydrogeologic report. A hydrogeologic description prepared by a Licensed Geologist, Licensed Soil 19
Scientist, or Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively, 20
respectively of the subsurface to a depth of 20 feet or bedrock, whichever is less, shall be provided 21
to the Division by the Applicant. applicant. The hydrogeologic evaluation shall be of the subsurface 22
to a depth of 20 feet or bedrock, whichever is less deep. A greater depth of An investigation to a 23
depth greater than 20 feet is required if the respective depth is used in predictive calculations. This 24
evaluation shall be based on borings for which the numbers, locations, and depths are sufficient 25
sufficient numbers, locations, and depths of borings to define the components of the hydrogeologic 26
evaluation. In addition to borings, other techniques may be used to investigate the subsurface 27
conditions at the site, including site. These techniques may include geophysical well logs, surface 28
geophysical surveys, and tracer studies. This evaluation shall be presented in a report that includes 29
the following components: 30
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North 31
Carolina Board for Licensing of Soil Scientists, via letter dated December 1, 2005, and North 32
Carolina Board of Examiners for Engineers and Surveyors, via letter dated December 1, 2005, have 33
determined that preparation of hydrogeologic description documents pursuant to this Paragraph 34
constitutes practicing geology under G.S. 89E, soil science under G.S. 89F, or engineering under 35
G.S. 89C.] 36
(A) a description of the regional and local geology and hydrogeology; 37
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(B) a description, based on field observations of the land application site, of the land 1
application site topographic setting, streams, springs and other groundwater discharge 2
features, drainage features, existing and abandoned wells, rock outcrops, and other features 3
that may affect the movement of the contaminant plume and treated wastewater; 4
(C) changes in the lithology underlying the land application site; 5
(D) depth to the bedrock and the occurrence of any rock outcrops; 6
(E) the hydraulic conductivity and transmissivity of the affected aquifer(s); aquifer as 7
determined by in-situ field testing, such as slug tests or pumping tests, in the intended area 8
of irrigation; 9
(F) the depth to the seasonal high water table; 10
(G) a discussion of the relationship between the affected aquifers of the land application site to 11
local and regional geologic and hydrogeologic features; 12
(H) a discussion of the groundwater flow regime of the land application site prior to the 13
operation of the proposed site and the post operation of the proposed site site, focusing on 14
the relationship of the site to groundwater receptors, groundwater discharge features, and 15
groundwater flow media; and 16
(I) if residuals are applied through fixed irrigation facilities or irrigation facilities fed through 17
a fixed supply system only and if the SHWT seasonal high water table is within six feet of 18
the surface, a mounding analysis to predict the level of the SHWT seasonal high water 19
table after residuals land application. 20
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North 21
Carolina Board for Licensing of Soil Scientists, via letter dated December 1, 2005, and North 22
Carolina Board of Examiners for Engineers and Surveyors, via letter dated December 1, 2005, have 23
determined that preparation of hydrogeologic description documents pursuant to this Paragraph 24
constitutes practicing geology pursuant to G.S. 89E, soil science pursuant to G.S. 89F, or 25
engineering pursuant to G.S. 89C.] 26
(5) For land application sites onto which bulk residuals are applied through fixed irrigation facilities or 27
irrigation facilities fed through a fixed supply system only, the Applicant shall provide to the 28
Division a water balance shall be provided to the Division by the applicant that determines the 29
required residuals storage based upon the following most limiting factor: factor 30
(A) hydraulic loading based on the most restrictive horizon; 31
(B) hydraulic loading based on the groundwater mounding analysis; 32
(C) nutrient management based on agronomic rates for the specified cover crop; or 33
(D) nutrient management based on crop management. 34
of the hydraulic loading based on either the most restrictive horizon or groundwater mounding 35
analysis; or nutrient management based on either agronomic rates for the specified cover crop or 36
crop management requirements. 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 272 of 525
(6) A project evaluation and a receiver site management plan (if applicable) with recommendations 1
concerning cover crops and their ability to accept the proposed application rates of liquid, solids, 2
minerals and other constituents of the residuals shall be provided to the Division by the Applicant. 3
applicant. 4
(7) Property Ownership Documentation shall be provided to the Division by the Applicant applicant 5
consisting of: 6
(A) legal documentation of ownership (i.e., contract, deed or article of incorporation); 7
(B) written notarized intent to purchase agreement an agreement of an intent to purchase the 8
property that is written, notarized, and signed by both parties, accompanied by a plat or 9
survey map; or 10
(C) written notarized lease agreement an agreement to lease the property that is written, 11
notarized, and signed by both parties, specifically indicating the intended use of the 12
property, as well as accompanied by a plat or survey map. Lease agreements shall adhere 13
to the requirements of 15A NCAC 02L .0107. 14
(e) For new and expanding surface disposal units: 15
(1) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information 16
on boundaries and physical features not under the purview of other licensed professions. Site plans 17
or maps shall be provided to the Division by the Applicant applicant depicting the location, 18
orientation and relationship of the surface disposal unit features including: 19
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 20
letter dated December 1, 2005, that locating boundaries and physical features, not under the purview 21
of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying 22
under G.S. 89C.] 23
(A) a scaled map of the surface disposal unit, with topographic contour intervals not exceeding 24
10 feet or 25 percent of total site relief and showing all surface disposal unit-related 25
structures and fences within the surface disposal unit; 26
(B) the location of all wells (including usage use and construction details if available), streams 27
(ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage 28
features within 500 feet of the surface disposal unit and delineation of the review and 29
compliance boundaries; 30
(C) setbacks as required by Rule .1108 of this Section; and 31
(D) site property boundaries within 500 feet of the surface disposal unit. 32
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 33
letter dated December 1, 2005, that locating boundaries and physical features, not under the purview 34
of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying 35
pursuant to G.S. 89C.] 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 273 of 525
(2) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these 1
documents. The following documents shall be provided to the Division by the Applicant: applicant: 2
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 3
letter dated December 1, 2005, that preparation of engineering design documents pursuant to this 4
Paragraph constitutes practicing engineering under G.S. 89C.] 5
(A) engineering plans for the surface disposal unit and equipment except those previously 6
permitted unless they are directly tied into the new units or are critical necessary to the 7
understanding of the complete process; 8
(B) specifications describing materials to be used, methods of construction, and means for 9
ensuring quality and integrity of the finished product product, including leakage testing; 10
and 11
(C) engineering calculations calculations, including hydraulic and pollutant loading, sizing 12
criteria, hydraulic profile, and total dynamic head and system curve analysis for each pump. 13
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 14
letter dated December 1, 2005, that preparation of engineering design documents pursuant to this 15
Paragraph constitutes practicing engineering pursuant to G.S. 89C.] 16
(3) Soils Report.report. A soil evaluation of the surface disposal unit site shall be provided to the 17
Division by the Applicant applicant in a report that includes the following. If required by G.S. 89F, 18
a soil scientist shall prepare this evaluation: 19
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated 20
December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing 21
soil science under G.S. 89F.] 22
(A) Field description of soil profile, based on examinations of excavation pits or auger borings, 23
within seven feet of land surface or to bedrock describing the following parameters by 24
individual diagnostic horizons: thickness of the horizon; texture; color and other diagnostic 25
features; structure; internal drainage; depth, thickness, and type of restrictive horizon; 26
horizon(s); and presence or absence and depth of evidence of any seasonal high water table. 27
table (SHWT). Applicants may be required to dig pits when necessary for proper evaluation 28
of the soils at the site. 29
(B) A field-delineated soil map delineating major soil mapping units within the surface 30
disposal unit site and showing all physical features, location of pits and auger borings, 31
legends, scale, and a north arrow. The legends shall also include dominant soil series name 32
and family or higher taxonomic class for each soil mapping unit. 33
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated 34
December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing 35
soil science pursuant to G.S. 89F.] 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 274 of 525
(4) Hydrogeologic report. A hydrogeologic description prepared by a Licensed Geologist, Licensed Soil 1
Scientist, or Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively, 2
respectively of the subsurface to a depth of 20 feet or bedrock, whichever is less, shall be provided 3
to the Division by the Applicant. applicant. The hydrogeologic evaluation shall be of the subsurface 4
to a depth of 20 feet or bedrock, whichever is less deep. A greater depth of An investigation to a 5
depth greater than 20 feet is required if the respective depth is used in predictive calculations. This 6
evaluation shall be based on borings for which the numbers, locations, and depths are sufficient 7
sufficient numbers, locations, and depths of borings to define the components of the hydrogeologic 8
evaluation. In addition to borings, other techniques may be used to investigate the subsurface 9
conditions at the site, including site. These techniques may include geophysical well logs, surface 10
geophysical surveys, and tracer studies. This evaluation shall be presented in a report that includes 11
the following components: 12
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North 13
Carolina Board for Licensing of Soil Scientists, via letter dated December 1, 2005, and North 14
Carolina Board of Examiners for Engineers and Surveyors, via letter dated December 1, 2005, have 15
determined that preparation of hydrogeologic description documents pursuant to this Paragraph 16
constitutes practicing geology under G.S. 89E, soil science under G.S. 89F, or engineering under 17
G.S. 89C.] 18
(A) a description of the regional and local geology and hydrogeology; 19
(B) a description, based on field observations of the site, of the site topographic setting, 20
streams, springs and other groundwater discharge features, drainage features, existing and 21
abandoned wells, rock outcrops, and other features that may affect the movement of the 22
contaminant plume and treated wastewater; 23
(C) changes in the lithology underlying the site; 24
(D) the depth to bedrock and the occurrence of any rock outcrops; 25
(E) the hydraulic conductivity and transmissivity of the affected aquifer(s); aquifer as 26
determined by in-situ field testing, such as slug tests or pumping tests, in the intended area 27
of irrigation; 28
(F) the depth to the seasonal high water table; 29
(G) a discussion of the relationship between the affected aquifers of the site to local and 30
regional geologic and hydrogeologic features; and 31
(H) a discussion of the groundwater flow regime of the site prior to the operation of the 32
proposed unit and the post operation of the proposed unit, unit focusing on the relationship 33
of the unit to groundwater receptors, groundwater discharge features, and groundwater 34
flow media. 35
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North 36
Carolina Board for Licensing of Soil Scientists, via letter dated December 1, 2005, and North 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 275 of 525
Carolina Board of Examiners for Engineers and Surveyors, via letter dated December 1, 2005, have 1
determined that preparation of hydrogeologic description documents pursuant to this Paragraph 2
constitutes practicing geology pursuant to G.S. 89E, soil science pursuant to G.S. 89F, or 3
engineering pursuant to G.S. 89C.] 4
(5) Property Ownership Documentation shall be provided to the Division by the Applicant applicant 5
consisting of: 6
(A) legal documentation of ownership (i.e., contract, deed or article of incorporation); 7
(B) written notarized intent to purchase agreement an agreement of an intent to purchase the 8
property that is written, notarized, and signed by both parties, accompanied by a plat or 9
survey map; or 10
(C) written notarized lease agreement an agreement to lease the property that is written, 11
notarized, and signed by both parties, specifically indicating the intended use of the 12
property, as well as accompanied by a plat or survey map. Lease agreements shall adhere 13
to the requirements of 15A NCAC 02L .0107. 14
15
History Note: Authority G.S. 143-215.1; 143-215.3(a); 16
Eff. September 1, 2006.2006; 17
Readopted Eff. September 1, 2018. 18
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 276 of 525
15A NCAC 02T .1105 is readopted with changes as published in 32:06 NCR 569-570 as follows: 1
2
15A NCAC 02T .1105 POLLUTANT LIMITS 3
(a) Bulk residuals or residuals that are sold or given away in a bag or other container Residuals shall not be land 4
applied to the land if the concentration of any pollutant in the residuals exceeds the ceiling concentration for that 5
pollutant as stipulated in the following on a dry weight basis: (i.e., on a dry weight basis): 6
7
Pollutant Ceiling Concentration 8
(milligrams per kilogram) 9
Arsenic 75 10
Cadmium 85 11
Copper 4,300 12
Lead 840 13
Mercury 57 14
Molybdenum 75 15
Nickel 420 16
Selenium 100 17
Zinc 7,500 18
(b) Bulk Class B residuals shall not be land applied to the land if the land application causes the exceedance of the 19
cumulative pollutant loading rate rate, on a dry weight basis, to be exceeded for any pollutant as stipulated in the 20
following: following (i.e., on a dry weight basis): 21
22
Pollutant Cumulative Pollutant 23
Loading Rate 24
(kilograms per hectare) 25
Arsenic 41 26
Cadmium 39 27
Copper 1,500 28
Lead 300 29
Mercury 17 30
Nickel 420 31
Selenium 100 32
Zinc 2,800 33
(1) A person shall determine compliance Compliance with the cumulative pollutant loading rates shall 34
be determined using one of the following methods: 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 277 of 525
(A) by calculating the existing cumulative level of pollutants using actual analytical data from 1
all historical land application events of residuals not otherwise exempted by this Paragraph 2
Paragraph; or 3
(B) for land on which land application events of residuals has not occurred or for which the 4
data required in Rule .1105(b) Paragraph (b) of this Rule is incomplete, by determining 5
background concentrations through representative soil sampling. 6
(2) When applied to the land, bulk residuals shall be exempt from complying with this Paragraph as 7
long as they meet all of the following criteria: 8
(A) the monthly average concentrations stipulated in Rule .1105(c) of this Section. 9
(B) the pathogen reduction requirements stipulated in Rule .1106(b) of this Section, and 10
(C) the vector attraction reduction requirements stipulated in Rule .1107 of this Section. 11
(c) Bulk Class A residuals shall not be applied to a lawn, home garden, or public contact use site nor shall residuals 12
be sold or given away in a bag or other container for application to the land if the concentration of any pollutant in the 13
residuals exceeds the concentration for that pollutant pollutant, as stipulated in the following on a dry weight basis: 14
(i.e., on a dry weight basis): 15
16
Pollutant Monthly Average Concentration 17
(milligrams per kilogram) 18
Arsenic 41 19
Cadmium 39 20
Copper 1,500 21
Lead 300 22
Mercury 17 23
Nickel 420 24
Selenium 100 25
Zinc 2,800 26
(d) Bulk residuals Residuals shall not be placed in a surface disposal unit if the concentration of any pollutant in the 27
residuals exceeds the concentration for that pollutant pollutant, as stipulated in the following on a dry weight basis: 28
(i.e., on a dry weight basis): 29
30
Distance from Surface Disposal Unit Ceiling Concentration 31
Boundary to Closest Property Line (milligrams per kilogram) 32
(meters) 33
Arsenic Chromium Nickel 34
0 to less than 25 30 200 210 35
25 to less than 50 34 220 240 36
50 to less than 75 39 260 270 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 278 of 525
75 to less than 100 46 300 320 1
100 to less than 125 53 360 390 2
125 and greater to less than 150 62 450 420 3
greater than 150 73 600 420 4
5
History Note: Authority G.S. 143-215.1; 143-215.3(a); 6
Eff. September 1, 2006..2006; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 279 of 525
15A NCAC 02T .1106 is readopted with changes as published in 32:06 NCR 570-572 as follows: 1
2
15A NCAC 02T .1106 PATHOGEN REDUCTION REQUIREMENTS 3
(a) The following pathogen requirements shall be met when biological residuals are [land] applied to the land or 4
placed in a surface disposal unit: 5
(1) The Class A pathogen requirements shall be met when bulk biological residuals are applied to a 6
lawn, home garden, or public contact use site [site,] or sold or given away in a bag or other container 7
for [land application.] application to the land. 8
(2) Biological residuals placed in a surface disposal unit shall be exempt from meeting the Class A or 9
Class B pathogen requirements if the vector attraction reduction method in Rule .1107(b)(2) of this 10
Section is met. 11
(3) Programs involving the land application of biological residuals generated by wastewater treatment 12
facilities treating industrial wastewater only that are operational at the time of this Rule's effective 13
date shall comply with the requirements stipulated in this Rule no later than five years from the 14
effective date of this Rule unless the Permittee is adhering to an established schedule in an individual 15
permit, settlement agreement, special order pursuant to G.S. 143-215.2, or other similar document 16
that establishes a later deadline. 17
(3) The pathogen reduction requirements in Subparagraph (b)(2) and Paragraph (c) of this Rule shall 18
not apply for biological residuals generated from treatment of waste shown to not contain pathogens. 19
(a)(b) For Class A biological residuals to be classified as Class A with respect to pathogens, shall meet the following 20
requirements: shall be met: 21
(1) The requirements in this Paragraph are shall be met either prior to no later than meeting or at the 22
same time as the vector attraction reduction requirements in Rule .1107 of this Section, Section are 23
met, unless the vector attraction reduction methods stipulated in Rule .1107(a)(6), Rule .1107(a)(7), 24
and Rule .1107(a)(8) of this Section are met. 25
(2) The biological Biological residuals are shall be monitored for the density of fecal coliform or 26
Salmonella sp. bacteria at the time that the biological residuals are used or disposed disposed, or at 27
the time they are prepared for sale or giving away in a bag or other container for land application to 28
the land for the density of fecal coliform or Salmonella sp. bacteria to demonstrate that: the 29
following: 30
(A) the density of fecal coliform is less than 1,000 Most Probable Number per gram of total 31
solids on a dry weight basis; (i.e., dry weight basis), or 32
(B) the density of Salmonella Salmonella sp. bacteria is less than three Most Probable Number 33
per four grams of total solids on a dry weight basis. (i.e., dry weight basis). 34
(3) The biological residuals meet one of the following alternatives: requirements: 35
(A) Time/Temperature. The temperature of the biological residuals shall be maintained at a 36
specific value for a period of consecutive time in accordance with the following: 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 280 of 525
1
Total Solids Temperature (t) Time Equation to Determine 2
(percent) (degrees Celsius) Minimum Holding Time (D) 3
(days) 4
≥ 7 ≥ 50 ≥ 20 minutes 131,700,000 5
100.1400t 6
7
≥ 7 ≥ 50 ≥ 15 seconds1 131,700,000 8
100.1400t 9
10
< 7 ≥ 50 ≥ 15 seconds 131,700,000 11
<30 minutes 100.1400t 12
13
<7 ≥ 50 ≥ 30 minutes 50,070,000 14
100.1400t 15
1 – when residuals are heated by warmed gases or an immiscible liquid 16
(B) Alkaline Treatment. The pH of the biological residuals shall be raised to above 12 and shall 17
remain remains above 12 for 72 consecutive hours. The temperature of the biological 18
residuals shall be above 52 degrees Celsius for 12 hours or longer during the period that 19
the pH of the biological residuals is above 12. At the end of the 72-hour period during 20
which the pH is above 12, the biological residuals shall be air dried to achieve a total solids 21
greater than 50 percent, percent; 22
(C) Prior Testing for Enteric Viruses/Viable Helminth Ova. The biological residuals shall be 23
analyzed prior to pathogen reduction treatment to determine whether the biological 24
residuals contain enteric viruses or viable helminth ova. The density of enteric viruses prior 25
to pathogen reduction treatment shall be less than one Plaque-forming Unit per four grams 26
of total solids on a dry weight basis (i.e., dry weight basis) or the density of viable helminth 27
ova shall be less than one per four grams of total solids on a dry weight basis. (i.e., dry 28
weight basis). When the density of enteric viruses or viable helminth ova are equal to or 29
greater than these values, the biological residuals shall be considered to be Class A 30
following pathogen reduction treatment if the resultant densities are less than these values 31
and the operating parameters for the pathogen reduction treatment are documented. 32
documented to the satisfaction of the Division. After this demonstration, the biological 33
residuals shall be considered to be Class A as long as if the operating parameters for the 34
pathogen reduction treatment are met and documented; documented to the satisfaction of 35
the Division, 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 281 of 525
(D) No Prior Testing for Enteric Viruses/Viable Helminth Ova. The density of enteric viruses 1
in the biological residuals shall be less than one Plaque-forming Unit per four grams of 2
total solids on a dry weight basis (i.e., dry weight basis) or the density of viable helminth 3
ova in the biological residuals shall be less than one per four grams of total solids on a dry 4
weight basis (i.e., dry weight basis) at the time that the biological residuals are used or 5
disposed or is are prepared for sale or giving away in a bag or other container contained 6
for land application; application to the land, 7
(E) Process to Further Reduce Pathogens - Composting. The biological residuals shall be 8
composted using either the within-vessel method or the static aerated pile method, during 9
which the temperature of the biological residuals is maintained at 55 degrees Celsius or 10
higher for three consecutive days or longer. Alternatively, the biological residuals shall be 11
composted using the windrow method, during which the temperature of the biological 12
residuals is maintained at 55 degrees Celsius or higher for 15 consecutive days or longer. 13
The windrow shall be turned five times during the period when the biological residuals are 14
maintained at 55 degrees Celsius or higher, higher. Natural decay of the biological residuals 15
under uncontrolled conditions are not sufficient to meet this process, shall not be deemed 16
to comply with these composting requirements; 17
(F) Process to Further Reduce Pathogens - Heat Drying. The biological residuals shall be dried 18
by direct or indirect contact with hot gases to reduce the moisture content of the biological 19
residuals to 10 percent or lower. During the process, either the temperature of the biological 20
residuals particles exceeds shall exceed 80 degrees Celsius or the wet bulb temperature of 21
the gas in contact with the biological residuals as they leave the dryer exceeds 80 degrees 22
Celcius, Celsius; 23
(G) Process to Further Reduce Pathogens - Heat Treatment. The biological residuals shall be 24
heated to a temperature of 180 degrees Celsius or higher for 30 minutes. This process is 25
only available to shall be applied only to biological residuals that are in a liquid state, state; 26
(H) Process to Further Reduce Pathogens - Thermophilic Aerobic Digestion. The biological 27
residuals shall be agitated with air or oxygen to maintain aerobic conditions, and the mean 28
cell residence time of the biological residuals shall be 10 days at between 55 and 60 degrees 29
Celsius. This process is only available to shall be applied only to biological residuals that 30
are in a liquid state, state; 31
(I) Process to Further Reduce Pathogens - Beta Ray Irradiation. The biological residuals shall 32
be irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at room 33
temperature (i.e., approximately 20 degrees Celsius), (i.e., approximately 20 degrees 34
Celcius); 35
(J) Process to Further Reduce Pathogens - Gamma Ray Irradiation. The biological residuals 36
shall be irradiated with gamma rays from certain isotopes, such as Cobalt 60 and Cesium 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 282 of 525
137, at room temperature (i.e., approximately 20 degrees Celsius), (i.e., approximately 20 1
degrees Celcius); or 2
(K) Process to Further Reduce Pathogens - Pasteurization. The temperature of the biological 3
residuals shall be maintained at 70 degrees Celsius or higher for 30 minutes or longer. 4
(b)(c) For Class B biological residuals to be classified as Class B with respect to pathogens shall meet one of the 5
following shall be met: requirements: 6
(1) Fecal Coliform Density Demonstration. Seven samples of the biological residuals are shall be 7
collected at the time the residuals are used or disposed, and the geometric mean of the density of 8
fecal coliform in the samples collected is shall be less than either 2,000,000 Most Probable Number 9
per gram of total solids on a dry weight basis (i.e., dry weight basis) or 2,000,000 Colony Forming 10
Units per gram of total solids on a dry weight basis. (i.e., dry weight basis). 11
(2) Process to Significantly Reduce Pathogens. The biological residuals meet one of the following 12
requirements: processed in a process to significantly reduce pathogens. The processes to 13
significantly reduce pathogens are as follows: 14
(A) Aerobic Digestion. Biological residuals are shall be agitated with air or oxygen to maintain 15
aerobic conditions for a specific mean cell time at a specific temperature. Values for the 16
mean cell residence time and temperature are shall be between 40 days at 20 degrees 17
Celsius and 60 days at 15 degrees Celcius, Celsius; 18
(B) Air Drying. Biological residuals are shall be dried on sand beds or on paved or unpaved 19
basins for a minimum of three months. During two of the three months, the ambient average 20
daily temperature is shall be above zero degrees Celcius, Celsius; 21
(C) Anaerobic Digestion. Biological residuals are shall be treated in the absence of air for a 22
specific mean cell residence time at a specific temperature. Values for the mean cell 23
residence time and temperature are shall be between 15 days at 35 to 55 degrees Celsius 24
and 60 days at 20 degrees Celcius, Celsius; 25
(D) Composting. Using either the within-vessel, static aerated pile, or windrow composting 26
methods, the temperature of the biological residuals is shall be raised to 40 degrees Celsius 27
or higher and remains shall remain at 40 degrees Celsius or higher for five days. For four 28
hours during the five days, the temperature in the compost pile exceeds shall exceed 55 29
degrees Celsius. Natural decay of the biological residuals under uncontrolled conditions 30
are not sufficient to meet this process shall not be deemed to comply with these composting 31
requirements; or 32
(E) Lime Stabilization. Sufficient lime is shall be added to the biological residuals to raise the 33
pH to 12 after two hours of contact. 34
(c) Biological residuals placed in a surface disposal unit shall be exempt from meeting the Class A or Class B 35
pathogen requirements if the vector attraction method in Rule .1107(b)(2) of this Section is met. 36
(d) The pathogen reduction requirements in Paragraphs (a)(2) and (b) of this Rule shall not apply for biological 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 283 of 525
residuals generated from treatment of waste to not contain pathogens. 1
2
History Note: Authority G.S. 143-215.1; 143-215.3(a); 3
Eff. September 1, 2006.2006; 4
Readopted Eff. September 1, 2018. 5
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 284 of 525
15A NCAC 02T .1107 is readopted as published in 32:06 NCR 572-573 as follows: 1
2
15A NCAC 02T .1107 VECTOR ATTRACTION REDUCTION REQUIREMENTS 3
(a) Biological residuals shall not be land applied to the land unless the requirements of one of the following vector 4
attraction reduction alternatives have been met: met. Programs involving the land application of biological residuals 5
generated by wastewater treatment facilities treating industrial wastewater only that are operational at the time of this 6
Rule's effective date shall comply with the requirements stipulated in this Rule no later than five years from the 7
effective date of this Rule unless the Permittee is adhering to an established schedule in an individual permit, 8
settlement agreement, special order pursuant to G.S. 143-215.2, or other similar document that establishes a later 9
deadline. The vector attraction reduction alternatives shall be as follows: 10
(1) 38-Percent Volatile Solids Reduction. The mass of the volatile solids in the biological residuals shall 11
be reduced by a minimum of 38 percent between the time that the biological residuals enter the 12
digestion process and the time it is land applied; applied, 13
(2) 40-Day Bench Scale Test. A portion of previously anaerobically-digested biological residuals shall 14
be further anaerobically-digested in the laboratory in a bench-scale unit for 40 additional days at a 15
temperature between 30 and 37 degrees Celsius. The volatile solids in the biological residuals shall 16
be reduced by less than 17 percent as measured from the beginning to the end of the test, test; 17
(3) 30-Day Bench Scale Test. A portion of previously aerobically-digested biological residuals shall be 18
further aerobically-digested in the laboratory in a bench-scale unit for 30 additional days at a 19
temperature of 20 degrees Celsius. The previously aerobically-digested biological residuals shall 20
either have a concentration of two percent total solids or less or shall be diluted with effluent down 21
to two percent total solids at the start of the test. The volatile solids in the biological residuals shall 22
be reduced by less than 15 percent as measured from the beginning to the end of the test, test; 23
(4) Specific Oxygen Uptake Rate Test. The specific oxygen uptake rate (SOUR) for biological residuals 24
treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per 25
gram of total solids on a dry weight basis (i.e., dry weight basis) corrected to a temperature of 20 26
degrees Celcius, Celsius; 27
(5) 14-Day Aerobic Processes. The biological residuals shall be treated in an aerobic process for 14 28
days or longer. During that time the temperature of the biological residuals shall be higher than 40 29
degrees Celsius, and the average temperature of the biological residuals shall be higher than 45 30
degrees Celcius, Celsius; 31
(6) Alkaline Stabilization. The pH of the biological residuals shall be raised to 12 or higher by alkali 32
addition and, without the addition of more alkali, shall remain at 12 or higher for two hours and then 33
at 11.5 or higher for an additional 22 hours, hours; 34
(7) Drying of Stabilized Residuals. The biological residuals shall be dried to 75 percent total solids if 35
the biological residuals contain no unstabilized solids from a primary wastewater treatment process. 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 285 of 525
The biological residuals shall not be mixed with other materials to meet this requirement; Mixing 1
of the biological residuals with other materials shall not be used to meet this alternative, 2
(8) Drying of Unstabilized Residuals. The biological residuals shall be dried to 90 percent total solids 3
if the biological residuals contain unstabilized solids from a primary wastewater treatment process. 4
The biological residuals shall not be mixed with other materials to meet this requirement; Mixing 5
of the biological residuals with other materials shall not be used to meet this alternative, 6
(9) Injection. 7
(A) Biological residuals shall be injected below the land surface of the land in accordance with 8
40 CFR 503.33(b)(9)(ii). 40 CFR 503.33(b)(9)(ii); and 9
(B) If Class A with respect to pathogens, the biological residuals shall be injected below the 10
land surface within eight hours after being discharged from the pathogen treatment process, 11
process; or 12
(10) Incorporation. 13
(A) If Class B with respect to pathogens, the biological residuals shall be incorporated into the 14
soil within six hours after land application; and application to the land, 15
(B) If Class A with respect to pathogens, the biological residuals shall be land applied to the 16
land within eight hours after being discharged from the pathogen treatment process. 17
(b) Biological residuals shall not be placed in a surface disposal unit unless one of the following vector attraction 18
reduction alternatives have been met: 19
(1) Any alternative stipulated in Paragraph (a) of this Rule, Rule; or 20
(2) Daily Cover. Biological residuals shall be covered with soil or other Division-approved material at 21
the end of each operating day. 22
(c) For biological residuals generated by wastewater treatment facilities treating industrial wastewater only, the vector 23
attraction reduction requirements in Paragraph (a) of this Rule shall be met unless the Permittee demonstrates that the 24
residuals are pathogen free or meet the pathogen requirements in Rule .1106(b)(2) of this Section. 25
26
History Note: Authority G.S. 143-215.1; 143-215.3(a); 27
Eff. September 1, 2006.2006; 28
Readopted Eff. September 1, 2018. 29
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 286 of 525
15A NCAC 02T .1108 is readopted with changes in 32:06 NCR 573-575 as follows: 1
2
15A NCAC 02T .1108 SETBACKS 3
(a) For residuals treatment and storage facilities, the following minimum setbacks in feet (i.e., in feet) shall be as 4
follows: adhered to: 5
6
Any habitable residence Habitable residences or place places of public assembly under separate ownership 7
or 8
not to be maintained as part of the project site 100 9
Any private Private or public water supply source sources 100 10
Surface waters (streams – intermittent and perennial, lakes, perennial waterbodies, and wetlands) 50 11
Any well Wells with exception of to monitoring wells 100 12
Any property line Property lines 50 13
(b) For land onto which Class A bulk residuals are applied or stockpiled, the following minimum setbacks in feet 14
(i.e., in feet) shall be as follows: adhered to: 15
(1) If the bulk residuals meet the requirements of Rules .1105(c), .1106(b), and .1107 of this Section: 16
17
Liquid Cake 18
Residuals Residuals 19
Any private Private or public water supply source sources 100 100 20
Surface waters (streams - intermittent and perennial, perennial waterbodies, 21
and wetlands) 100 25 22
Surface water diversions (ephemeral streams, waterways, ditches) 25 0 23
Groundwater lowering ditches (where the bottom of the ditch intersects 24
the SHWT) 25 0 25
Any well Wells with exception of to monitoring wells 100 100 26
Bedrock outcrops 25 0 27
(c) For land onto which Class B residuals are applied or stockpiled, the following setbacks in feet shall be as follows: 28
(2) If the bulk residuals do not meet the requirements of Rules .1105(c), .1106(b), and .1107 of this 29
Section: 30
31
Surface Surface Injection / 32
Application Application Incorporation 33
by Vehicle by Irrigation 34
Any habitable residence Habitable residences or place places of public assembly under 35
separate ownership or not to be maintained as part 36
of the project site 400 400 200 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 287 of 525
Any habitable residence Habitable residences or placeplaces of public assembly owned by 1
the Permittee, permittee, the owner of the land, or the 2
lessee/operator of the land to be maintained as part 3
of the project site 0 200 0 4
Any property line Property lines 50 150 50 5
Public right rights of way 50 50 50 6
Any private Private or public water supply source sources 100 100 100 7
Surface waters (streams - intermittent and perennial, perennial 8
waterbodies, and wetlands) 100 32.8 100 32.8 50 32.8 9
Surface water diversions (ephemeral streams, waterways, ditches) 25 100 25 25 10
Groundwater lowering ditches (where the bottom of the ditch 11
intersects the SHWT) 25 100 25 12
Subsurface groundwater lowering drainage systems 0 100 0 13
Any well Wells with exception of to monitoring wells 100 100 100 14
Bedrock outcrops 25 25 25 15
Top of slope of embankments or cuts of two feet or more in 16
vertical height 15 15 15 17
Any building foundation Building foundations or basement 18
basements 0 15 0 19
Any water line Water lines 0 10 0 20
Swimming pools 100 100 100 21
Nitrification field fields 0 20 0 22
(d)(c) For the construction and operation of surface disposal units, the following minimum setbacks in feet (i.e., in 23
feet) shall be as follows: adhered to: 24
25
Any habitable residenceHabitable residences or place places of public assembly under separate ownership or 26
not to be 27
maintained as part of the project site 400 28
Any property line Property lines 50 29
Public right rights of way 50 30
Any private Private or public water supply source sources 100 31
Surface waters (streams - intermittent and perennial, perennial waterbodies, and wetlands) 100 32
Surface water diversions (ephemeral streams, waterways, ditches) 25 33
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 100 34
Subsurface groundwater lowering drainage systems 100 35
Any well Wells with exception of to monitoring wells 100 36
Any water line Water lines 10 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 288 of 525
Swimming pools 100 1
(e) [Setback waivers from habitable residences or places of public assembly under separate ownership, or not to be 2
maintained as part of the project site, shall be written, notarized, and signed by all parties involved.] Setback waivers 3
shall be written, notarized, signed by all parties involved and recorded with the county Register of Deeds. Waivers 4
involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107. 5
(f) Setbacks to property lines established in Paragraphs (a), (c), and (d) of this Rule shall not be applicable when the 6
Permittee; the entity from which the Permittee is leasing; or the entity that executed the notarized landowner agreement 7
in 15A NCAC 02T .1104(c)(4) owns both parcels creating said property line. 8
(g) Habitable residences or places of [public] assembly under separate ownership constructed after the non-discharge 9
facilities were originally permitted or subsequently modified, are exempt from the setback requirements in Paragraphs 10
(a) and (d) of this Rule. 11
12
History Note: Authority G.S. 143-215.1; 143-215.3(a); 13
Eff. September 1, 2006.2006; 14
Readopted Eff. September 1, 2018. 15
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 289 of 525
15A NCAC 02T .1109 is readopted with changes as published in 32:06 NCR 575-577 as follows: 1
2
15A NCAC 02T .1109 OPERATION AND RESIDUALS MANAGEMENT PRACTICES 3
(a) For residuals that are sold or given away in a bag or other container for application to the land, either a label shall 4
be affixed to the bag or other container or an information sheet shall be provided to the person who receives the 5
residuals. The label/information sheet shall contain the following information: 6
(1) the name and address of the person who prepared the residuals and 7
(2) a statement that land application of the residuals shall be prohibited except with the instructions on 8
the label/sheet. 9
(3) that residuals shall be applied at agronomic rates and recommended rates for intended uses. 10
(a)(b) Land applied residuals shall meet the following requirements: For land onto which bulk residuals are applied, 11
the following shall apply: 12
(1) Residuals Bulk residuals shall not be land applied to the land under the following conditions: 13
(A) if the requirements specified by 40 CFR 503.14(a) as stated on January 1, 1996 and 14
incorporated by reference cannot be have not been met; 15
(B) if the application causes prolonged nuisance conditions; 16
(C) if the land fails to assimilate the bulk residuals or the application causes the contravention 17
of surface water or groundwater standards; 18
(D) if the land is flooded, frozen, or snow-covered or is otherwise in a condition such that 19
runoff of the residuals would occur; 20
(E) within the 100-year flood elevation unless the bulk residuals are injected or incorporated 21
within a 24-hour period following the application of residuals to land; land application 22
event; 23
(F) during precipitation events or within 24 hours following a rainfall event of 0.5 inches or 24
greater in a 24-hour period; 25
(G) if the slope of the land is greater than 10 percent when bulk liquid residuals are surface 26
applied, and if the slope of the land is greater than 18 percent when bulk liquid residuals 27
are injected or incorporated; 28
(H) if the land does not have an established vegetative cover crop unless the land is a Division-29
approved no-till site [in a state or federal no-till program ]or the bulk residuals are 30
incorporated within a 24-hour period following the injection or application of residuals to 31
land; land application event or injected; 32
(I) if the vertical separation of the seasonal high water table and the depth of residuals 33
application is less than one foot; 34
(J) if the vertical separation of the depth to bedrock and the depth of residuals application is 35
less than one foot; or 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 290 of 525
(K) if the application exceeds agronomic rates rates, except for dedicated sites where the 1
Applicant applicant has specifically requested higher rates in an applications pursuant to 2
Rule .1104(d) of this Section. 3
(L) new land application sites located within a WS-I watershed pursuant to 15A NCAC 02B 4
.0212 or within the Critical Area of a WS-II pursuant to Sub-Item (4)(g) of Rule 15A 5
NCAC 02B .0212, or within the Critical Area of a WS-III or WS-IV watershed pursuant to 6
Sub-Item (4)(h) of Rules 15A NCAC 02B .0215, and .0216. 7
(2) Class B land application sites shall have For land onto which bulk residuals that do not meet the 8
requirements of Rule .1106(b) of this Section are applied, the following public access restrictions: 9
restrictions shall be adhered to: 10
(A) public access to public contact sites shall be restricted for one calendar year after any 11
residuals land application event; land application of residuals; 12
(B) public access to land that is not a public contact site shall be restricted for 30 days after any 13
residuals land application event; land application of residuals; and 14
(C) public access to land associated with a dedicated land application site shall be restricted 15
continuously while the land is permitted for active use and for one calendar year after the 16
final residuals land application event. land application of residuals. 17
(3) Class B land application sites shall have For land onto which bulk residuals that do not meet the 18
requirements of Rule .1106(b) of this Section are applied, the following harvesting and grazing 19
restrictions: restrictions shall be adhered to: 20
(A) animals shall not be allowed to graze on land for 30 calendar days after any residuals land 21
application event; land application of residuals; 22
(B) food crops, feed crops, and fiber crops shall not be harvested for 30 calendar days after any 23
residuals land application event; land application of residuals; 24
(C) food crops with harvested parts that touch the residuals/soil mixture of residuals and soil 25
and are totally above the land surface shall not be harvested for 14 months after any 26
residuals land application event; land application of residuals; 27
(D) food crops with harvested parts below the land surface of the land shall not be harvested 28
for 20 months after any residuals land application event land application of residuals when 29
if the residuals remain on the land surface for four months or longer prior to incorporation 30
into the soil; 31
(E) food crops with harvested parts below the land surface of the land shall not be harvested 32
for 38 months after any residuals land application event land application of residuals when 33
if the residuals remain on the land surface for less than four months prior to incorporation 34
into the soil; and 35
(F) turf grown on land where residuals are applied shall not be harvested for one calendar year 36
after any residuals land application event. land application of residuals. 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 291 of 525
(b) Class A residuals that are sold or given away in a bag or other container for land application are exempt from 1
Paragraph (a) of this Rule. 2
(c) Class A residuals that are sold or given away in a bag or other container for land application, shall either have a 3
label affixed to the bag or other container, or an information sheet shall be provided to the person who receives the 4
residuals. The label or information sheet shall contain the following information: 5
(1) the name and address of the person who prepared the residuals; 6
(2) a statement that land application of the residuals shall be prohibited except with the instructions on 7
the label or information sheet; and 8
(3) that residuals shall be applied at agronomic rates and recommended rates for intended uses. 9
(d)(c) Surface disposal units shall meet the following requirements: For surface disposal units, the following 10
conditions shall be met: 11
(1) For new and expanding surface disposal units shall meet the following requirements: units, the 12
following conditions shall be met. 13
(A) Surface disposal units shall not be located in a seismic impact zone unless designed to 14
withstand the maximum recorded horizontal ground level acceleration, acceleration; 15
(B) Surface disposal units shall not be located less than 60 meters from a fault that has 16
displacement in Holocene time, time; 17
(C) Surface disposal units shall not be located within an a geologically unstable area, area; 18
(D) Surface disposal units shall not be located within the 100-year floodplain, floodplain; 19
(E) Surface disposal units shall not restrict base flood flow, flow; 20
(F) The vertical separation of the seasonal high water table and the bottom of surface disposal 21
units shall not be less than three feet, feet; and 22
(G) Surface disposal units shall be provided with a liner system with a maximum hydraulic 23
conductivity of 10-7 centimeters per second. Units into which cake residuals are to be 24
placed shall be equipped with a leachate collection system. Units into which liquid 25
residuals are to be placed shall be equipped with a decanting system and freeboard marker. 26
If cake residuals are to be placed in the unit, a leachate collection system shall be required. 27
If liquid residuals are to be placed in the unit, a decanting system and freeboard marker 28
shall be required. 29
(2) The following conditions requirements shall be met while surface disposal units are permitted for 30
active use and for three calendar years after closure: 31
(A) The requirements specified by 40 CFR 503.24(a) as stated on January 1, 1996 and 32
incorporated by reference shall be met, met; 33
(B) Surface disposal units shall not cause prolonged nuisance conditions, conditions; 34
(C) Surface disposal units shall not cause the contravention of surface water or groundwater 35
standards, standards; 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 292 of 525
(D) Runoff from a 24-hour 25-year storm event, decant water, and leachate (i.e., as applicable) 1
shall be collected from surface disposal units, units; 2
(E) If biological residuals are placed in the surface disposal unit, the concentration of methane 3
gas shall not exceed 25 percent of the lower explosive limit for methane gas in any structure 4
within the surface disposal unit boundary, boundary; 5
(F) If biological residuals are placed in the surface disposal unit, the concentration of methane 6
gas shall not exceed the lower explosive limit for methane gas at any property line of the 7
surface disposal unit, unit; 8
(G) Public access to surface disposal units shall be restricted continuously, continuously; 9
(H) Animals shall not be allowed to graze on surface disposal units, units; and 10
(I) Food crops, feed crops, and fiber crops shall not be harvested from surface disposal units. 11
(3) Following active use, surface disposal units shall be closed. Permits for surface disposal units shall 12
be maintained for a minimum of three years following successful closure. Requests for approval of 13
closure plans shall be submitted to the Division at least 180 days prior to the date that a surface 14
disposal unit is to be closed and shall include the following information: 15
(A) how the surface disposal unit will be closed; 16
(B) a discussion of how the leachate collection system will be operated and maintained, if 17
applicable; 18
(C) a description of the system used to monitor the air for methane gas in the air in any 19
structures within the surface disposal unit boundary and at the property line of the surface 20
disposal unit, if applicable; 21
(D) a discussion of how public access to the surface disposal unit will be restricted; and 22
(E) proof that the deed for the surface disposal unit property has been amended to provide 23
permanent written notification to subsequent owners of the property that the property was 24
used for the purposes of operating a surface disposal unit. 25
26
History Note: Authority G.S. 143-215.1; 143-215.3(a); 27
Eff. September 1, 2006.2006; 28
Readopted Eff. September 1, 2018. 29
30
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 293 of 525
15A NCAC 02T .1110 is readopted as published in 32:06 NCR 577 as follows: 1
2
15A NCAC 02T .1110 OPERATION AND MAINTENANCE PLAN 3
(a) An Operation and Maintenance Plan shall be maintained for all residuals management programs. The plan shall: 4
(1) describe the operation of the program and any all associated facilities and equipment in sufficient 5
detail to show what operations are necessary for the program to function and by whom the functions 6
are to be conducted; 7
(2) describe anticipated maintenance of facilities and equipment that are associated with the program, 8
program; 9
(3) include provisions for safety measures measures, including restriction of access to the site and 10
equipment, as appropriate; 11
(4) include spill control provisions provisions, including: 12
(A)(a) response to upsets and bypasses bypasses, including control, containment, and 13
remediation; and 14
(B)(b) contact information for program personnel, emergency responders, and regulatory 15
agencies; 16
(5) detail procedures for sampling and monitoring to ensure that the program stays in compliance with 17
this Section and any each issued permit; and 18
(6) for surface disposal units, detail procedures for post-closure care management. 19
(b) The Permittee shall ensure that an electronic or physical copy of their permit and the Operation and Maintenance 20
Plan required by Paragraph (a) of this Rule is available when land applying residuals. 21
(c) Residuals shall be stored or staged in a manner to prevent runoff of leachate and other wastewaters generated from 22
residuals storage or staging. 23
(d) Class A residuals may be staged at the application site for up to 30 days for biological residuals and 60 days for 24
non-biological residuals. Storage or staging that exceeds these limits shall require written approval from the Division. 25
(e) Class B residuals shall not be stored or staged at any land application site without prior written approval from the 26
Division. 27
(f) The Permittee shall perform inspections and maintenance on storage, distribution, and application facilities. 28
(g) Class B land application areas shall be clearly marked on each site prior to and during any land application of 29
residuals. 30
31
History Note: Authority G.S. 143-215.1; 143-215.3(a); 32
Eff. September 1, 2006.2006; 33
Readopted Eff. September 1, 2018. 34
35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 294 of 525
15A NCAC 02T .1111 is readopted as published in 32:06 NCR 577-578 as follows: 1
2
15A NCAC 02T .1111 MONITORING AND REPORTING 3
(a) Representative samples of residuals that are prepared for land application to the land or placed in a surface disposal 4
unit shall be collected and analyzed. 5
(b) The analytical methods listed in 40 CFR 503.8(b) 503.8(b), incorporated by reference with subsequent 6
amendments and editions. as stated on January 1, 1996 shall be incorporated into this Section by reference. 7
(c) Residuals land applied to the land or placed in a surface disposal unit shall be monitored for pollutants as listed in 8
required by Rule .1105(a) and Rule .1105(d) of this Section and Rule .1106 and Rule .1107 of this Section, as 9
applicable, at the following frequency: Rule .1105(a) and Rule .1105(d) of this Section as well as Rule .1106 and Rule 10
.1107 as applicable at the frequency as stipulated in the following: 11
12
Metric Tons per 365 day period Monitoring Frequency 13
(Dry Weight Basis) 14
Greater than zero but less than 290 Once per year 15
Equal to or greater than 290 but less than 1,500 Once per quarter (four times per year) 16
Equal to or greater than 1,500 but less than 15,000 Once per 60 days (six times per year) 17
Equal to or greater than 15,000 Once per month (12 times per year) 18
(d) A report of all monitoring and reporting requirements as specified in the permit shall be submitted to the Division 19
by the Permittee permittee annually on or before March 1st of each calendar year. 20
(e) All records shall be retained for a minimum of five years. 21
22
History Note: Authority G.S. 143-215.1; 143-215.3(a); 23
Eff. September 1, 2006.2006; 24
Readopted Eff. September 1, 2018. 25
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 295 of 525
15A NCAC 02T .1201 is readopted as published in 32:06 NCR 578 as follows: 1
2
SECTION .1200 – COAL COMBUSTION PRODUCTS MANAGEMENT 3
4
15A NCAC 02T .1201 SCOPE 5
(a) This Section shall apply applies to the treatment, storage, transportation, and beneficial reuse use, and disposal of6
coal combustion products (CCPs) that are defined as meet the definition of wastewater treatment residuals. Not 7
regulated under this Section is This Section shall not regulate the treatment, storage, transportation, use, or disposal 8
of: 9
(1)CCPs that are not generated from a wastewater treatment facility; and10
(2)CCPs that are transported out of state for treatment, storage, use, or disposal. disposal; and11
(3)CCPs that are used for structural fill.12
(b) CCPs may be distributed for the following uses including: uses:13
(1)fuel Fuel for combustion for energy recovery in equipment such as in boilers, boilers and furnaces,14
etc. for energy recovery. furnaces;15
(2)material Material for manufacturing of concrete products, asphalt products, brick products,16
lightweight aggregate, roofing materials, insulation products, plastics, paints, bowling balls,17
cosmetics, and other manufactured products in which the CCPs are encapsulated in the18
manufactured product. product;19
(3)daily, Daily, intermediate, and final cover as well as any other use at a landfill as approved by the20
Division of Waste Management. Management;21
(4)material Material for traction control during snow and ice events. ice events;22
(5)substitute Substitute for blasting grit, roofing granules, and filter cloth precoat for residuals23
dewatering. dewatering;24
(6)flowable Flowable fill for backfill of trenches for potable water mains as approved by the Division25
of Environmental Health, sanitary sewers, storm drainage structures, and other similar uses where26
flowable fill is used in lieu of compacted soil. soil;27
(7) raw Raw product for the stabilization of residuals. residuals;28
(8)soil Soil nutrient additive, amendment, or other agricultural purpose. purpose;29
(9)overlay Overlay for roads, residential driveways, farm roads, and high-traffic farm areas. areas; or30
(10) bedding Bedding for pipes, railroad beds, and underground storage tanks.31
(11)Structural fill.32
33
History Note: Authority G.S. 143-215.1; 143-215.3(a); 34
Eff. September 1, 2006.2006; 35
Readopted Eff. September 1, 2018. 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 296 of 525
15A NCAC 02T .1202 is readopted as published in 32:06 NCR 578-579 as follows: 1
2
15A NCAC 02T .1202 DEFINITIONS 3
As used in this Section: 4
(1) "Coal combustion products" or "CCPs" is defined in G.S. 130A-309.201(4). shall mean fly ash, 5
bottom ash, boiler slag, flue gas emission control products, mill rejects, and cenospheres resulting 6
from the combustion solely of coal, oil, or natural gas; the combustion of any mixtures of coal, oil, 7
or natural gas; or the combustion of any mixture of coal and up to a 50 percent mixture of other 8
fuels as provided for in 58 FR 42466. 9
(2) "Dry weight basis" shall mean the weight calculated after the CCPs have been dried at 105 degrees 10
Celsius until they reach a constant mass. 11
(3) "Flowable fill" shall mean a controlled, low strength, cementitious material that is used primarily as 12
a backfill in lieu of compacted soil and typically exhibits a compressive strength of greater than 30 13
pounds per square inch. 14
(4) "Land application" shall mean the spraying or spreading of CCPs onto the land surface; the injection 15
of CCPs below the land surface; or the incorporation of CCPs into the soil so that the CCPs can 16
condition the soil or fertilize crops or vegetation grown in the soil. 17
(5) "Monthly average" shall mean the arithmetic mean of all measurements taken during the a month. 18
(6) "Pollutant limit" shall mean a numerical value that describes the amount of a pollutant allowed per 19
unit amount of CCPs. 20
(7) "Source of CCPs" shall mean the point of origin of the CCPs CCPs, such as a coal fired power 21
plant's wastewater treatment system. 22
(8) "Structural fill" shall mean an engineered fill constructed using CCPs that is properly placed in 23
accordance with this Section and compacted. This shall include fill used for embankments, 24
greenscapes, foundations, construction foundations, and for bases/sub-bases under a structure or a 25
footprint of a paved road, parking lot, sidewalk, walkway, or similar structure. 26
(8)(9) "Toxicity Characteristic Leaching Procedure" shall mean EPA Test Method Number 1311 as 27
described in EPA publication SW-846, entitled Test Methods for Evaluating Solid Waste, 28
Physical/Chemical Methods. 29
30
History Note: Authority G.S. 143-215.1; 143-215.3(a); 31
Eff. September 1, 2006.2006; 32
Readopted Eff. September 1, 2018. 33
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 297 of 525
15A NCAC 02T .1203 is readopted with changes as published in 32:06 NCR 579 as follows: 1
2
15A NCAC 02T .1203 PERMITTING BY REGULATION 3
(a) The following activities are shall be deemed permitted in accordance with Rule .0113 of this Subchapter provided 4
if the activity does not result in any violations of groundwater or surface water quality standards (i.e., ground or 5
surface), standards, there is no direct discharge to surface waters, the generator of the CCPs, CCPs provides the 6
information required by Rule .1207(a) of this Section to the recipient of the CCPs, and all other specified criteria 7
required for the specific activity is are met: 8
(1) use Use of CCPs as fuel for combustion in boilers, furnaces, etc. for energy recovery. recovery; 9
(2) use Use of CCPs as material for manufacturing concrete products, asphalt products, brick products, 10
lightweight aggregate roofing materials, insulation products, plastics, paints, bowling balls, 11
cosmetics and other manufactured products in which the CCPs are encapsulated in the manufactured 12
product. product; 13
(3) use Use or disposal of CCPs in a solid waste facility permitted by the Division of Waste 14
Management that is approved to receive the CCPs. CCPs; 15
(4) use Use of CCPs as material for traction control during snow and ice events, provided that if the 16
CCPs do not exceed the leachate concentrations of concern set forth in Rule .1205(a) of this Section. 17
Section; 18
(5) use Use of CCPs as a substitute for blasting grit, roofing granules, and filter cloth precoat for 19
residuals dewatering, provided that if the CCPs do not exceed the leachate concentrations of concern 20
in Rule .1205(a) of this Section. Section; 21
(6) use Use of CCPs in flowable fill for backfill of trenches for potable water mains as approved by the 22
Division of Environmental Health, sanitary sewers, storm drainage structures, and other trenching 23
uses provided that if the CCPs do not exceed the leachate concentrations of concern set forth in Rule 24
.1206(a) .1205(a) of this Section. Section; 25
(7) use Use of CCPs as a raw product for the stabilization of residuals. residuals; and 26
(8) land Land application of sites onto which CCPs are land applied, provided that if the following 27
criteria are met: 28
(A) the CCPs meet the pollutant limits in Rule .1205 of this Section. Section; and 29
(B) the land application activities meet all applicable conditions of Rule .1108(b)(1) and 30
Rule.1109(b)(1) of this Subchapter. Subchapter; and 31
(C) less than 12,400 tons are applied to any one site. 32
(9) Use of CCPs as a base or subbase under a structure or footprint of a paved road, parking lot, 33
sidewalk, or similar structure as long as the total depth of CCPs does not exceed one foot. 34
(b) Unless otherwise specified in Rule .1203(a) of this Section,Paragraph (a) of this Rule, CCPs that are used for the 35
activities deemed permitted in this Rule are not subject to the pollutant limits in Rule .1205 of this Section. 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 298 of 525
(c) The Director may determine that a system should not be deemed permitted in accordance with this Rule and Rule 1
.0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter. 2
3
History Note: Authority G.S. 143-215.1; 143-215.3(a); 4
Eff. September 1, 2006.2006; 5
Readopted Eff. September 1, 2018. 6
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 299 of 525
15A NCAC 02T .1204 is readopted as published in 32:06 NCR 579-580 as follows: 1
2
15A NCAC 02T .1204 APPLICATION REQUIREMENTS 3
(a) The requirements in this Rule shall apply to activities not deemed permitted under Rule .1203 of this Section. 4
(b) For new and modified sources of CCPs: 5
(1) site Site plans or maps shall be provided to the Division by the Applicant, applicant depicting the 6
location of the source, source; 7
(2) an An analysis of the CCPs shall be provided to the Division by the Applicant. applicant. The 8
analysis shall include all pollutants identified in Rule .1205 of this Section. If the CCPs are to be 9
used in a land application, the analyses shall also include nutrients and micronutrients, 10
micronutrients; and 11
(3) a A sampling/monitoring plan that describes how Rule .1205 of this Section shall be complied with 12
shall be provided to the Division by the Applicant. applicant. 13
(c) For uses of CCPs not already approved by the applicant's/Permittee's Applicant's or Permittee's individual permit, 14
information shall be provided to the Division by the Applicant applicant that describes and explains site-specific 15
engineering or institutional controls proposed to prevent adverse impacts to public health and the environment. 16
(d) For the use of CCR for land application with greater than 12,400 tons of CCP to be applied to a single site, 17
documentation shall be provided to the Division by the Applicant, showing that environmental releases to 18
groundwater, surface water, and soil are comparable to or lower than those from analogous products made without 19
CCR, or that environmental releases to groundwater, surface water, or soil will be at or below relevant regulatory and 20
health-based benchmarks for human and ecological receptors during use. 21
(d) For new and expanding structural fill sites or sites where CCPs are used for bedding if the bedding is applied at a 22
depth greater than two feet underneath the structure: 23
(1) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information 24
on boundaries and physical features not under the purview of other licensed professions. Site plans 25
or maps shall be provided to the Division by the applicant depicting the location, orientation, and 26
relationship of the CCPs use site's features including: 27
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via 28
letter dated December 1, 2005, that locating boundaries and physical features, not under the purview 29
of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying 30
under G.S. 89C.] 31
(A) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 32
percent of total site relief and showing all site-related structures and fences within the site; 33
(B) the location of all wells (including usage and construction details if available), streams 34
(ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage 35
features within 500 feet of the CCPs use boundry and delineation of the review and 36
compliance boundaries; 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 300 of 525
(C) setbacks as required by Rule .1206 of this Section; and 1
(D) site property boundaries within 500 feet of the CCPs use boundary. 2
(2) Information shall be provided to the Division that describes and explains site-specific engineering 3
or institutional controls proposed to prevent adverse impacts to public health and the environment. 4
(3) Property Ownership Documentation of the site where the CCPs are to be used shall be provided to 5
the Division. This documentation shall consist of: 6
(A) legal documentation of ownership (i.e., contract, deed or article of incorporation); 7
(B) written notarized intent to purchase agreement signed by both parties, accompanied by a 8
plat or survey map; or 9
(C) easements specifically indicating the intended use of the property, as well as a plat or 10
survey map. Easements shall adhere to the requirements of 15A NCAC 02L .0107. 11
(e) The submittal process for information Information listed in Paragraph (c) of this Rule shall not be required if a 12
permit from the Division has been issued that specifically addresses the use of CCPs from the source of CCPs, at new 13
and expanding structural fill sites or sites where CCPs are used for bedding. 14
(f) A compliance boundary shall be established for all structural fill sites not subject to Rule .1203 of this Section and 15
the permittee shall comply with the provisions of 15A NCAC 02L .0107. 16
17
History Note: Authority G.S. 143-215.1; 143-215.3(a); 18
Eff. September 1, 2006.2006; 19
Readopted Eff. September 1, 2018. 20
21
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 301 of 525
15A NCAC 02T .1205 is readopted as published in 32:06 NCR 580-581 as follows: 1
2
15A NCAC 02T .1205 POLLUTANT LIMITS 3
(a) Except as provided for in Rule .1203 of this Section, CCPs shall not be distributed for use or used if the 4
concentration of any pollutant during the performance of a Toxicity Characteristic Leaching Procedure of the CCPs 5
exceeds the leachate concentration of concern for that pollutant as follows: stipulated in the following: 6
Pollutant Leachate Concentration of Concern 7
(milligrams per liter) 8
Arsenic 5.0 9
Barium 100.0 10
Cadmium 1.0 11
Chromium 5.0 12
Lead 5.0 13
Mercury 0.2 14
Selenium 1.0 15
Silver 5.0 16
17
(b) Except as provided for in Rule .1203 of this Section, CCPs shall not be distributed for use or used if the 18
concentration of any pollutant in the CCPs exceeds the ceiling concentration for that pollutant on a dry weight basis 19
as stipulated in the following (i.e., on a dry weight basis): follows: 20
Pollutant Ceiling Concentration 21
(milligrams per kilogram) 22
Arsenic 75 23
Cadmium 85 24
Copper 4,300 25
Lead 840 26
Mercury 57 27
Molybdenum 75 28
Nickel 420 29
Selenium 100 30
Zinc 7,500 31
(c) Except as provided for in Rule .1203 of this Section, CCPs shall not be distributed for use or used if the 32
concentration of any pollutant in the CCPs exceeds the concentration for that pollutant on a dry weight basis as follows: 33
stipulated in the following (i.e., on a dry weight basis): 34
Pollutant Monthly Average Concentration 35
(milligrams per kilogram) 36
Arsenic 41 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 302 of 525
Cadmium 39 1
Copper 1,500 2
Lead 300 3
Mercury 17 4
Molybdenum 75 5
Nickel 420 6
Selenium 100 7
Zinc 2,800 8
(d) CCPs may be distributed for use or used if the limits specified in Paragraphs (a), (b), or (c) of this Rule are not 9
met provided that if the following criteria are met: 10
(1) the The potential release of pollutants from the CCPs to the environment is minimized to the extent 11
practicable, practicable; and 12
(2) the The Applicant applicant demonstrates that it will meet the applicable surface water and 13
groundwater quality standards at the compliance boundary at the site of use. shall demonstrate to 14
the Division the ability to meet the applicable surface water quality or groundwater quality standards 15
at the compliance boundary at the site of use is demonstrated. 16
17
History Note: Authority G.S. 143-215.1; 143-215.3(a); 18
Eff. September 1, 2006.2006; 19
Readopted Eff. September 1, 2018. 20
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 303 of 525
15A NCAC 02T .1206 is readopted as published in 32:06 NCR 581 as follows: 1
2
15A NCAC 02T .1206 SETBACKS 3
For areas for the storage of CCPs and sites where CCPs are used for structural fill and bedding, where the bedding is 4
applied at a depth greater than two feet underneath the structure, the following minimum setbacks (i.e., in feet) in feet 5
shall be adhered to: 6
Private or public water supply sources 100 7
Surface waters (streams - intermittent and perennial, lakes, 8
perennial waterbodies, and wetlands) 50 9
Wells with exception to monitoring wells 100 10
Seasonal high water table 2 11
All distances are horizontal distances except for the distance from a seasonal high water table table, which is a 12
measured as a vertical distance. 13
14
History Note: Authority G.S. 143-215.1; 143-215.3(a); 15
Eff. September 1, 2006.2006; 16
Readopted Eff. September 1, 2018. 17
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 304 of 525
15A NCAC 02T .1207 is readopted as published in 32:06 NCR 581 as follows: 1
2
15A NCAC 02T .1207 OPERATION AND MANAGEMENT PRACTICES 3
(a) For CCPs to be distributed for use, the following shall be provided by the Permittee permittee to the person who 4
receives the CCPs: 5
(1) the name and address of the person who distributed the CCPs; 6
(2) materials safety data, pursuant to 29 CFR 1910.1200, for the CCPs; 7
(3) guidance regarding how to comply with Paragraphs (b), (c), and (d) of this Rule; 8
(4) guidance regarding requirements stipulated required by this Section that are specific to the intended 9
use and must be followed by the recipient of the CCPs; and 10
(5) a statement that use of the CCPs shall be is prohibited unless in compliance with the guidance 11
provided. 12
(b) CCPs shall be transported in a manner that does not cause nuisances and hazards to public health or safety or 13
otherwise cause an adverse impact. 14
(c) The person distributing CCPs shall take preparatory measures to store CCPs prior to distribution for use, as well 15
as prior to use, to prevent unpermitted runoff to surface waters. 16
(d) The person distributing CCPs shall take actions necessary to prevent wind erosion and surface runoff from 17
conveying CCPs onto adjacent property or into any surface waters prior to distribution for use as well as after use. 18
19
History Note: Authority G.S. 143-215.1; 143-215.3(a); 20
Eff. September 1, 2006.2006; 21
Readopted Eff. September 1, 2018. 22
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 305 of 525
15A NCAC 02T .1208 is readopted with changes as published in 32:06 NCR581 as follows: 1
2
15A NCAC 02T .1208 OPERATION AND MAINTENANCE PLAN 3
[(a)] An Operation and Maintenance Plan shall be maintained for all CCPs management programs. The plan shall: 4
(1) describe the operation of the program and any associated wastewater treatment systems and 5
equipment in sufficient detail to show what operations are necessary for the program to function and 6
by whom the functions are to be conducted; 7
(2) describe anticipated maintenance of wastewater treatment systems and equipment that are 8
associated with the program; 9
(3) include provisions for safety measures measures, including restriction of access to the site and 10
equipment, as appropriate; 11
(4) include spill control provisions provisions, including: 12
(a) response to spills spills, including control, containment, and remediation remediation; and 13
(b) contact information for program personnel, emergency responders, and regulatory agencies; agencies; and 14
(5) describe the sampling and analysis protocol used to ensure that the program complies with this 15
Section and any all issued permits. 16
17
History Note: Authority G.S. 143-215.1; 143-215.3(a); 18
Eff. September 1, 2006.2006; 19
Readopted Eff. September 1, 2018. 20
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 306 of 525
15A NCAC 02T .1209 is readopted as published in 32:06 NCR 581 as follows: 1
2
15A NCAC 02T .1209 MONITORING AND REPORTING 3
(a) Records shall be maintained by the Permittee permittee of all CCPs distributed for use or used and shall include 4
the following: 5
(1) the source, volume and type of CCPs distributed for use or used; 6
(2) the date of CCPs distributed for use or used; and 7
(3) the name of the initial recipient of the CCPs and a description of their intended use. 8
(b) A report of all monitoring and reporting requirements as specified in the permit shall be submitted annually to the 9
Division by the Permittee on or before March 1st of each calendar year. 10
(c) All records shall be retained for a minimum of five years. 11
12
History Note: Authority G.S. 143-215.1; 143-215.3(a); 13
Eff. September 1, 2006.2006; 14
Readopted Eff. September 1, 2018. 15
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 307 of 525
15A NCAC 02T .1301 is readopted as published in 32:06 NCR 582 as follows: 1
2
SECTION .1300 – ANIMAL WASTE MANAGEMENT SYSTEMS 3
4
15A NCAC 02T .1301 SCOPE 5
The rules in this Section apply to all persons proposing to construct, modify, expand, or operate an animal waste 6
management system. These Rules do not apply to manure haulers regulated pursuant to Section .1400 of this 7
Subchapter. 8
9
History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; 10
Eff. September 1, 2006.2006; 11
Readopted Eff. September 1, 2018. 12
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 308 of 525
15A NCAC 02T .1302 is readopted with changes as published 32:06 NCR 582as follows: 1
2
15A NCAC 02T .1302 DEFINITIONS 3
The definitions used for the purpose of this Section shall be as defined in G.S. 143-215.10B, in Rule .0103 of this 4
Subchapter, [of] in Rule .1102 in this Subchapter, and as follows: 5
(1) "Animal waste management plan" means a plan to properly collect, store, treat or apply animal 6
waste to the land in an environmentally safe manner developed in accordance with G.S. 143-7
215.10C. 8
(2) "Animal Waste Residuals" means residuals that have been generated during the treatment of animal 9
waste. 10
(3) "Bag or other container" shall mean a bag, bucket, bin, box, carton, vehicle, trailer, tanker, or an 11
open or closed receptacle with a load capacity of 1.102 short tons or one metric ton or less. 12
[(4) "Bulk animal waste residuals" shall mean animal waste residuals that are transported and not sold 13
or given away in a bag or other container for application to the land.] 14
(4)(2)[(5)] "Expanded animal waste management system" means animal waste treatment and storage 15
facilities which require an increase over the existing animal waste design treatment and storage 16
capacity due to an increase in the permitted steady state live weight at the feedlot.associated with 17
the animal waste management system. 18
(5)(3)[(6)] "New animal waste management system" means animal waste management systems which 19
are constructed and operated at a site where no feedlot existed previously or where a system serving 20
a feedlot has been abandoned or unused for a period of four years or more and is then put back into 21
service. where a permit for a system has been rescinded and is then reissued when the permittee 22
confines animals in excess of the thresholds established in G.S. 143-215.10B. Notwithstanding Rule 23
.1307(a) of this Section, a 'new animal waste management system' shall not apply to a facility where 24
a system serving a feedlot which has been abandoned or unused for a period of less than five years 25
and then put back into service or if all of the following conditions are met: 26
(A) Has had no animals on site for five continuous years or more; 27
(B) Notifies the Division in writing at least 60 days prior to bringing any animals back on to 28
the site; 29
(C) The system depopulated after January 1, 2005, and the system ceased operation no longer 30
than 10 years prior to the current date; 31
(D) At the time the system ceased operation, the system was in compliance with an individual 32
permit or a general permit issued pursuant to G.S. 143-215.10C; 33
(E) The Division issues an individual permit or certificate of coverage under a general permit 34
issued pursuant to G.S. 143-215.10C for operation of the system before any animals are 35
brought on the facility; 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 309 of 525
(F)The permit for the animal waste management system does not allow production, measured 1
by steady state live weight, to exceed the greatest steady state live weight previously 2
permitted for the system under G.S. 143-215.10C; 3
(G)No component of the animal waste management system, other than an existing barn or land4
application site, shall be constructed on land that is located within the 100-year floodplain; 5
and 6
(H)The inactive animal waste management system was not closed using the expenditure of7
public funds and was not closed pursuant to a settlement agreement, court order, cost share 8
agreement, or grant condition. 9
(6)(4)[(7)] "NRCS" means the U.S. Department of Agriculture - Natural Resources Conservation 10
Service. 11
12
History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; S.L. 2013-413; S.L. 2015-263; 13
Eff. September 1, 2006.2006; 14
Readopted Eff. September 1, 2018. 15
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 310 of 525
1 of 2
15A NCAC 02T .1303 is readopted with changes as published in 32:06 NCR 582-583 as follows: 1
2
15A NCAC 02T .1303 PERMITTING BY REGULATION 3
(a) The following systems are deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets 4
the criteria in Rule .0113 of this Subchapter and all criteria required for the specific system in this Rule: 5
(1) Systems that do not meet the criteria of an animal operation permitted under Rule .1304 or Rule 6
.1305 of this Subchapter and all other systems not specifically mentioned in this Section. If Section 7
if: 8
(A) the animal waste is land applied at no greater than agronomic rates to land owned by the 9
waste generator or under the waste generators generator’s authority, authority; agronomic 10
rates must be met. 11
(B) the storage and land application of animal waste is [not] no closer than 100 feet [of] from 12
a [well;] well, other than a monitoring well; 13
(C) animal waste is not applied on land that is flooded, saturated with water, frozen, or snow 14
covered at the time of land application; and 15
(D) no animal waste is land applied during precipitation events. 16
(2) Poultry operations which use a dry litter system with more than 30,000 birds and that do not meet 17
the criteria specified in Rule .1305 of this Subchapter if: 18
(A) records are maintained for a minimum of three years which include the dates the litter was 19
removed, the estimated amount of litter removed and the location of the sites where the 20
litter was land applied by the poultry operation; 21
(B) the waste is applied at no greater than agronomic rates; 22
(C) a vegetative buffer (separation) of at least 25 feet is maintained from a perennial stream or 23
perennial waterbody for land application sites; 24
(D) land application of litter is [not] no closer than 100 feet from a [well;] well, other than a 25
monitoring well; 26
(C)(E) litter is stockpiled not no closer than 100 feet from a perennial stream stream, or perennial 27
waterbody; waterbody, or [well;]well, other than a monitoring well; 28
(D)(F) litter is not stockpiled uncovered for greater than 15 days; and 29
(G) litter [animal waste] is not applied on land that is flooded, saturated with water, frozen, or 30
snow covered at the time of land application; 31
(H) no [animal waste] litter is land applied during precipitation events; and 32
(E)(I) if a manure hauler is used, records must be maintained of the dates the litter was removed, 33
the estimated amount of litter removed, and name, address and phone number of the 34
manure hauler. 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 311 of 525
(3) Land application sites under separate ownership from the waste generator, receiving animal waste 1
from animal waste management systems which are deemed permitted, when all the following 2
conditions are met: 3
(A) the waste is applied at no greater than agronomic rates; and 4
(B) the storage and land application of animal waste is [not] no closer than 100 feet from a 5
[well;] well, other than a monitoring well; 6
(B)(C) a vegetative buffer (separation) of at least 25 feet is maintained from a perennial stream or 7
perennial waterbody. waterbody; 8
(D) animal waste is not applied on land that is flooded, saturated with water, frozen, or snow 9
covered at the time of land application; and 10
(E) no animal waste is land applied during precipitation events. 11
(b) The Director may determine that a system should not be deemed permitted in accordance with this Rule and Rule 12
.0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter. 13
14
History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; 15
Eff. September 1, 2006.2006; 16
Readopted Eff. September 1, 2018. 17
18
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 312 of 525
15A NCAC 02T .1304 is readopted with changes as published in 32:06 NCR 583-584 as follows: 1
2
15A NCAC 02T .1304 STATE PERMITTING REQUIREMENTS 3
(a) This rule applies to animal waste management systems that meet the definition of an animal operation in G.S. 4
143-215.10B but are not subject to regulation under Rule .1305.Rule .1305 of this Section. 5
(b) An animal waste management plan shall be submitted as follows: 6
(1) The animal waste management practices or combination of practices which are selected to comprise 7
a plan for a specific facility must meet NRCS standards, or the standard of practices adopted by the 8
Soil and Water Conservation Commission pursuant to 15A NCAC 06F .0104, 02 NCAC 59E .0104, 9
or standards for any combination of practices which provide water quality protection and are 10
approved by one of these two agencies; and all applicable state statutes and rules at the time of 11
development or design. NRCS standards relating to phosphorus application rates for animal waste 12
are not incorporated as part of this rule. 13
(2) As required by G.S. 143-215.10C, plans must be approved by a technical specialist and the 14
certificate must be submitted to the Division on Division supplied forms or forms approved by the 15
Division as providing the same information as required by the Division's forms. The technical 16
specialist must certify that the best management practices that comprise the plan meet the applicable 17
standards and specifications. 18
(5)(3) The waste shall not be applied at greater than agronomic rates. 19
(3)(4) The land application and siting setbacks must meet the applicable conditions established in G.S. 20
106-803 and NRCS standards at the time of construction. site construction or at the time the land 21
application site is first put into use. 22
(5) Notwithstanding [Rule .1304]Subparagraph (b)(4) of this [Section,] Rule, land application of waste 23
shall be no closer than 100 feet from a [well,] well, other than a monitoring well, and no closer than 24
200 feet from a dwelling not owned by the waste generator at the time the land application site is 25
first put into use. Setback waivers related to distance of land application of waste from a dwelling 26
not owned by the waste generator shall be written, notarized, signed by all parties involved and 27
recorded with the county of Register of Deeds. 28
(6) Notwithstanding Rule .1304(b)(4) of this Section, a vegetative buffer (separation) of at least 25 feet 29
is maintained from a perennial stream or perennial waterbody for land application sites. 30
(7) The waste shall not be applied on land that is flooded, saturated with water, frozen, or snow covered 31
at the time of land application. 32
(8) Land application of waste is prohibited during precipitation events. 33
(9) All waste application equipment must be tested and calibrated at least once every two calendar years, 34
and the results must be documented on forms supplied by or approved by the Division as providing 35
the same information as required by the Division's forms. 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 313 of 525
2 of 2
(10) Highly visible waste-level gauges shall be installed and maintained to mark the level of the waste 1
in each animal waste lagoon or storage pond that does not gravity feed through a free flowing 2
transfer pipe into a subsequent waste storage structure. The gauge shall have readily visible 3
permanent markings. 4
(4)(11) New and expanded animal waste treatment systems such as lagoons and waste storage structures 5
shall be located at least 100 feet from a perennial stream or perennial waterbody. For new and 6
expanding systems, this setback requirement shall also apply to areas in feedlots where an 7
established vegetative cover will not be maintained because of the concentration of animals, with 8
the exception of stock trails and stream crossings. 9
(6)(12) For animal waste management facilities desiring to increase their animal population beyond that 10
permitted, a new individual permit or new certificate of coverage to operate under a general permit 11
must be issued before the additional animals are stocked. 12
(c) For each change of ownership of the system, the new owner must notify the Division in writing within 60 days of13
transfer of ownership. 14
(d) New and expanding swine facilities must demonstrate compliance with Rule .1307 of this Section prior to15
receiving a permit from the Division. 16
17
History Note: Authority G.S. 106-803; 143-215.1; 143-215.3(a); 143-215.10A; 143-215.10C; 143-215.10I; 18
Eff. September 1, 2006.2006; 19
Readopted Eff. September 1, 2018. 20
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 314 of 525
15A NCAC 02T .1305 is readopted with changes as published in 32:06 NCR 584-585 as follows: 1
2
15A NCAC 02T .1305 NPDES PERMITTING REQUIREMENTS 3
(a) This Rule applies to animal waste management systems subject to regulation under G.S. 143-215.10C and 40 CFR 4
§ 122.23 40 CFR 122.23, which is incorporated by reference including subsequent amendments and editions and shall 5
apply throughout this Rule. 40 CFR 122.23 can be accessed free of charge at http://www.gpo.gov/fdsys/. and G.S. 6
143-215.10C. 7
(b) With the exception of dry litter poultry systems, an animal waste management plan shall be submitted as follows: 8
(1) The animal waste management practices or combination of practices which are selected to comprise 9
a plan for a specific facility must meet NRCS standards, or the standard of practices adopted by the 10
Soil and Water Conservation Commission pursuant to 15A NCAC 06F .0104, 02 NCAC 59E .0104, 11
or standards for any combination of practices which provide water quality protection and are 12
approved by one of these two agencies; and all applicable state statutes and rules and all applicable 13
federal requirements at the time of development or design. 14
(2) As required by G.S. 143-215.10C, plans must be approved by a technical specialist and the 15
certificate must be submitted to the Division on Division supplied forms or forms approved by the 16
Division as providing the same information as required by the Division's forms. The technical 17
specialist must certify that the best management practices that comprise the plan meet the applicable 18
standards and specifications. 19
(5)(3) The waste shall not be applied at greater than agronomic rates. 20
(3)(4) The land application and siting setbacks must meet the applicable conditions established in G.S. 21
106-803, and NRCS standards and 40 CFR Part 412 at the time of site construction or at the time 22
the land application site is first put into use. 23
(5) The land application and siting setbacks must meet the applicable conditions established in 40 CFR 24
Part 412. 25
(6) Notwithstanding Subparagraph (b)(4) of this Rule, land application of waste shall be no closer than 26
100 feet from a [well] well, other than a monitoring well, and no closer than 200 feet from a dwelling 27
not owned by the waste generator at the time the land application site is first put into use. Setback 28
waivers related to distance of land application of waste from a dwelling not owned by the waste 29
generator shall be written, notarized, signed by all parties involved and recorded with the county of 30
Register of Deeds. 31
(7) The waste shall not be applied on land that is flooded, saturated with water, frozen, or snow covered 32
at the time of land application. 33
(8) Land application of waste is prohibited during precipitation events. 34
(9) All waste application equipment must be tested and calibrated at least once every calendar year, and 35
the results must be documented on forms supplied by or approved by the Division as providing the 36
same information as required by the Division's forms. 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 315 of 525
(10) Highly visible waste-level gauges shall be installed and maintained to mark the level of the waste 1
in each animal waste lagoon or storage pond that does not gravity feed through a free flowing 2
transfer pipe into a subsequent waste storage structure. The gauge shall have readily visible 3
permanent markings. 4
(4)(11) New and expanded animal waste treatment systems such as lagoons and waste storage structures 5
shall be located at least 100 feet from a perennial stream or perennial waterbody. For new and 6
expanding systems, this setback requirement shall also apply to areas in feedlots where an 7
established vegetative cover will not be maintained because of the concentration of animals, with 8
the exception of stock trails and stream crossings. 9
(6)(12) For animal waste management facilities desiring to increase their animal population beyond that 10
permitted, a new individual permit or new certificate of coverage to operate under a general permit 11
must be issued before the additional animals are stocked. 12
(c) Dry litter poultry systems, for the purpose of this Rule and G.S. 143-215.10C, shall submit an animal waste 13
management plan as follows: 14
(1) The animal waste management practices or combination of practices which are selected to comprise 15
a plan for a specific facility must meet NRCS standards, or the standard of practices adopted by the 16
Soil and Water Conservation Commission, or standards for any combination of practices which 17
provide water quality protection and are approved by one of these two agencies; and all applicable 18
state statutes and rules and all applicable federal requirements at the time of development or design. 19
(2) The land application and siting setbacks must meet the conditions established in NRCS standards 20
and 40 CFR Part 412 at the time of construction. 21
(3) New and expanded animal waste structures such as houses and dry stacks shall be protected from 22
the 100-year flood as determined by the Federal Emergency Management Agency. 23
(4) The waste shall not be applied at greater than agronomic rates. 24
(5) Notwithstanding Subparagraph (c)(2) [of this Section,] of this Rule, land application of [waste] litter 25
shall be no closer than 100 feet from a [well] well, other than a monitoring well, and no closer than 26
200 feet from a dwelling not owned by the waste [generator.]generator at the time the land 27
application site is first put into use. Setback waivers related to distance of land application of waste 28
from a dwelling not owned by the waste generator shall be written, notarized, signed by all parties 29
involved and recorded with the county Register of Deeds. 30
(6) The waste shall not be applied on land that is flooded, saturated with water, frozen, or snow covered 31
at the time of land application. 32
(7) Land application of [waste] litter is prohibited during precipitation events. 33
(8) All waste application equipment must be tested and calibrated at least once every calendar year, and 34
the results must be documented on forms supplied by or approved by the Division as providing the 35
same information as required by the Division's forms. 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 316 of 525
3 of 3
(9) Highly visible waste-level gauges shall be installed and maintained to mark the level of the waste 1
in each animal waste lagoon or storage pond that does not gravity feed through a free flowing 2
transfer pipe into a subsequent waste storage structure. The gauge shall have readily visible 3
permanent markings. 4
(5)(10) For animal waste management facilities desiring to increase their animal population beyond that 5
permitted, a new individual permit or new certificate of coverage to operate under a general permit 6
must be issued before the additional animals are stocked. 7
(d) For each change of ownership of the system, the new owner must notify the Division in writing within 60 days of 8
transfer of ownership. 9
(e) Systems shall meet all applicable requirements of 40 CFR Part 122 and 40 CFR Part 412. 10
(f) New and expanding swine facilities must demonstrate compliance with Rule .1307 of this Section prior to receiving 11
a permit from the Division. 12
13
History Note: Authority G.S. 106-803; 143-215.1; 143-215.3(a); 143-215.10A; 143-215.10C; 143-215.10I; 14
Eff. September 1, 2006.2006; 15
Readopted Eff. September 1, 2018. 16
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 317 of 525
15A NCAC 02T .1306 is readopted as published in 32:06 NCR 585 as follows: 1
2
15A NCAC 02T .1306 CLOSURE REQUIREMENTS 3
(a) Any containment basin, such as a lagoon or a waste storage structure, permitted at an animal operation other than 4
a cattle facility under this Section shall continue to be subject to the conditions and requirements of the facility's permit 5
until closed to NRCS standards and the permit is rescinded by the Division. Closure shall include pre-notification to 6
the Division and submittal of closure form supplied by the Division or forms approved by the Division as providing 7
the same information as required by the Division's forms within 15 days of completion of closure. 8
(b) Any Containment basin, such as a lagoon or a waste storage structure, permitted at a cattle facility under this 9
Section shall continue to be subject to the conditions and requirements of the facility's permit until that permit is 10
rescinded by the Division. Upon request of the permittee, the permit may be rescinded by the Division prior to closure 11
of the containment basin if the cattle facility has not met the definition of an animal operation as established in G.S. 12
143-215.120B for the previous three years or longer. Upon permit rescission, the following requirements shall apply: 13
(1) The cattle facility shall be subject to the requirements of Rule .1303 of this Section and Rule .0113 14
of the Subchapter until the containment basin is closed to NRCS standards. 15
(2) The farm owner shall maintain records of land application and weekly records of containment basin 16
waste levels on forms provided by or approved by the Division. 17
(3) Closure shall include pre-notification to the Division and submittal of closure form supplied by the 18
Division or forms approved by the Division as providing the same information as required by the 19
Division's forms within 15 days of completion of closure. 20
(c) The Division shall have the authority to deny a request for permit rescission based on the factors set out in Rule 21
.0113(e) of this Subchapter. 22
23
History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; S.L.2013-413; 24
Eff. September 1, 2006.2006; 25
Readopted Eff. September 1, 2018. 26
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 318 of 525
15A NCAC 02T .1307 is readopted with changes as published in 32:06 NCR 586-587 as follows: 1
2
15A NCAC 02T .1307 SWINE WASTE MANAGEMENT SYSTEM PERFORMANCE STANDARDS 3
(a) This Rule applies to animal waste management systems subject to regulation under G.S. 143-215.10I. G.S. 143-4
215. 10I and S.L. 2015-263. 5
(b) An animal waste management system that serves a swine farm subject to regulation under G.S. 143-215.10I, shall 6
meet all of the following performance standards: 7
(1) Eliminate the discharge of animal waste to surface waters and groundwater through direct discharge, 8
seepage, or runoff. To meet this standard: 9
(A) Earthen structures must be designed and constructed with synthetic liners to eliminate 10
seepage. 11
(B) Solids storage structures shall meet applicable engineering practices and NRCS design 12
standards. 13
(C) The Certified Animal Waste Management Plan (CAWMP) must include all components as 14
listed in G.S. 143-215.10C(e) and meet current North Carolina NRCS 590 Nutrient 15
Management Conservation Practice Standard requirements standards for a and comply 16
with the NRCS national policy for Comprehensive Nutrient Management Plan Plans 17
(CNMP) as defined by Part [600] 600, Subpart E of the NRCS General Manual, Title 190, 18
Part 405, National Planning Procedures Handbook, which are hereby incorporated by 19
reference, including any subsequent additions or amendments. The handbook may be 20
downloaded at no cost from the NRCS website: http://www.nrcs.usda.gov/technica 21
l/afo/cnmp_guide_index.html 22
[http://www.nrcs.usda.gov/wps/portal/nrcs/site/national/home/.] 23
(D) Swine waste treatment structures that automatically convey swine waste using pumps must 24
have audible and visible high water alarms with an auto dialer device set to contact the 25
farm owner or farm manager; a gravity overflow to a basin that can contain the flow rate 26
of the largest pump in the system for the maximum amount of time that an operator will 27
not be on-site; or a secondary containment structure designed, constructed, and operated to 28
contain the volume of the largest animal waste treatment structure and the flow rate of the 29
largest pump in the system for the maximum amount of time that an operator will not be 30
on-site. 31
(E) No more than the equivalent volume of one month of design flow of untreated swine waste 32
shall be accumulated and stored prior to the initiation of treatment. 33
(2) Substantially eliminate atmospheric emission of ammonia. To meet this standard: 34
(A) Combined ammonia emissions from swine waste treatment and storage structures mayshall 35
not exceed an annual average of 0.2 kg NH3-N/wk/1,000 kg of steady-state live weight; 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 319 of 525
(B) Ammonia emissions from land application sites shall not exceed an annual average of 0.2 1
kg NH3-N/wk/1,000 kg of steady-state live weight; and 2
(C) Ammonia emissions from the swine farm mustshall not exceed an annual average of 0.9 3
kg NH3-N/wk/1,000 kg of steady-state live weight. 4
(3) Substantially eliminate the emission of odor that is detectable beyond the boundaries of the parcel 5
or tract of land on which the swine farm is located. To meet this standard, swine waste management 6
systems must reduce odor levels, frequency, and duration from the whole farm, such that the 7
requirements of 15A NCAC 02D .1808 are met at the property boundary. 8
(4) Substantially eliminate the release of disease-transmitting vectors and airborne pathogens. To meet 9
this standard: 10
(A) Swine waste management systems shall meet the vector attraction reduction requirements 11
in Rule .1107 of this Subchapter for the land application of separated solids and animal 12
waste residuals.residuals for operations subject to this Rule. 13
(B) Swine waste management systems shall meet the pathogen reduction requirements in Rule 14
.1106 .1106(a)of this Subchapter for Class A biosolids that are to be land applied to a lawn, 15
home garden, or public contact use site or sold or given away in a bag or container for land 16
application, pursuant to Rule .1106(a)(1) or meet the pathogen reduction requirements in 17
Rule .1106(b) for Class B biosolids that are to be otherwise applied to land. 18
(C) Fecal coliform concentrations in the final liquid effluent shall not exceed an annual average 19
of 7,000 Most Probable Number/100mL. 20
(5) Substantially eliminate nutrient and heavy metal contamination of soil and groundwater. To meet 21
this standard, swine waste management systems that land apply effluent shall: 22
(A) Meet the current North Carolina NRCS 590 Nutrient Management Conservation Practice 23
Standard requirements for a and comply with the NRCS national policy for Comprehensive 24
Nutrient Management Plan Plans (CNMP) as defined by Part 600, Subpart E [600] of the 25
NRCS National Planning Procedures Handbook; NRCS General Manual, Title 190, Part 26
405; and 27
(B) Demonstrate through predictive calculations or modeling that land application of swine 28
waste at the proposed rate will not cause or contribute to a violation of groundwater 29
standards under 15A NCAC 02L. 30
31
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; 32
Eff. January 1, 2009.2009; 33
Readopted Eff. September 1, 2018. 34
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 320 of 525
15A NCAC 02T .1308 is readopted as published in 32:06 587 as follows: 1
2
15A NCAC 02T .1308 EVALUATION AND APPROVAL OF SWINE WASTE MANAGEMENT 3
SYSTEMS 4
(a) This Rule establishes requirements for the evaluation, approval and permitting of swine waste management 5
systems that are required to meet the performance standards in Rule .1307 of this Section. 6
(b) APPLICATION: The applicant shall submit a permit application in writing to the Division showing that a swine 7
waste management system meets the performance standards. The application shall include the following: 8
(1) operation and maintenance procedures, system classification, proposed management entity and 9
system operator requirements; 10
(2) a description of the swine waste management system, including materials used in construction, and 11
its proposed use; 12
(3) a summary of any literature, published research, and previous experience with and performance of 13
a waste management system of similar waste characteristics; 14
(4) results of 12 months of testing, research or monitoring of pilot- or full-scale operational system(s); 15
and shall identify whether the testing, research or monitoring provided was conducted by a third 16
party research or testing organization; 17
(5) documentation of the protocol used to evaluate the performance of the swine waste management 18
system; 19
(6) the identity and qualifications, if applicable, of any proposed research or testing organization and 20
the principal investigators, and an affidavit certifying that the organization and principal 21
investigators have no conflict of interest and do not stand to gain financially from the sale of the 22
technology; 23
(7) an affidavit certifying that the swine waste management system submitted for approval is the same 24
as the certified or listed product; or identify any modifications made to the submitted system; 25
(8) a procedure to address system malfunction and replacement; 26
(9) notification of any proprietary or trade secret information, system, component, or device; 27
(10) engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these 28
documents. The following documents shall be provided to the Division by the applicant: 29
(A) engineering plans for the entire system, including treatment, storage, application, and 30
disposal facilities and equipment except those previously permitted unless those previously 31
permitted are directly tied into the new units or are critical to the understanding of the 32
complete process; 33
(B) specifications describing materials to be used, methods of construction, and means for 34
ensuring quality and integrity of the finished product including leakage testing; and 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 321 of 525
(C) engineering calculations including hydraulic and pollutant loading for each treatment unit, 1
treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head 2
and system curve analysis for each pump, buoyancy calculations, and irrigation design; 3
(11) a complete permit application in accordance with Section .0100 of this Subchapter; and 4
(12) In lieu of the requirements of Subparagraphs (b)(3) through (b)(6), the applicant may submit data 5
from a full-scale facility previously permitted by the Division. 6
(c) APPROVAL OF NEW OR EXPANDING SWINE WASTE MANAGEMENT SYSTEMS: The Division shall 7
review all applications submitted in accordance with Rule .0107 of this Subchapter. The Division shall approve the 8
swine waste management system in accordance with Rule .0108 of this Subchapter, when the applicant can show that 9
the performance standards of Rule .1307 of this Section will be met. 10
(d) MONITORING REQUIREMENTS: Once the newly permitted system reaches full capacity or within six months, 11
whichever comes sooner, the permittee shall monitor system performance for two years with quarterly sampling to 12
assure that the treatment system is meeting performance standards. If, after two years the treatment system is 13
compliant with Rule .1307 of this Section, the permittee shall monitor for compliance with the performance standards 14
in Rule .1307 on the following schedule: 15
(1) Ammonia emissions monitoring from swine waste treatment and storage structures shall be as 16
follows: 17
(A) Ammonia air emissions from open-air structures shall be directly sampled once per 18
calendar year, with alternating years having sampling during the summer and winter 19
seasons, or 20
(B) Liquid from open-air waste treatment and storage structures shall be sampled at a minimum 21
of once per quarter. 22
(2) Monitoring of odor intensity shall be on an annual basis, with alternating years having sampling 23
during the summer and winter seasons. 24
(3) Effluent monitoring shall be at a minimum of once per quarter. 25
26
History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; 143-215.10I; 27
Eff. January 1, 2009.2009. 28
Readopted Eff. September 1, 2018. 29
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 322 of 525
15A NCAC 02T .1309 is readopted with changes as published in 32:06 NCR 587 as follows: 1
2
15A NCAC 02T .1309 LAGOON CONVERSION REQUIREMENTS 3
(a) This Rule applies to existing swine animal waste management systems that convert from anaerobic lagoons as the 4
primary method of treatment to an animal waste management system that meets the requirements of Rule .1307 of 5
this Section, and have not expanded the steady-state live weight of the swine farm. 6
(b) Upon approval by the Division, a permittee may abandon and close out an animal waste management system 7
permitted under Rules .1307 and .1308 of this Section and revert to the requirements of Rule .1304 or .1305 of this 8
Section. The Division shall approve the reversion if all of the following criteria are met: 9
(1) The animal waste management system is constructed according to the design and specifications 10
approved by the Division according to the rules in this section; 11
(2) The animal waste management system is operated and maintained in accordance with the rules in 12
this Section; 13
(3) The permit for the anaerobic lagoon animal waste management system issued prior to 1 September 14
2007 pursuant to S.L. 2007-523(1)(b) remains valid; and 15
(4) The anaerobic lagoon animal waste management system has been maintained and can operate in 16
compliance with the requirements of its permit. 17
18
History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; 143-215.10I; 19
Eff. January 1, 2009.2009; 20
Readopted Eff. September 1, 2018. 21
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 323 of 525
15A NCAC 02T .1310 is adopted with changes as published in 32:06 NCR 587-589 as follows: 1
2
15A NCAC 02T .1310 ANIMAL WASTE RESIDUALS MANAGEMENT 3
(a) This Rule applies to the treatment, storage, transportation, use, and disposal of animal waste residuals to be applied 4
to a lawn, home garden, or public contact use site or sold or given away in a bag or other container for application to 5
the land. Not regulated under this Rule is the treatment, storage, transportation, use, or disposal of: 6
(1) animal waste residuals applied to agricultural land in accordance with Rule .1303, Rule .1304, Rule 7
1305, Rule .1307 of this Section, or Rule .1403 of this Subchapter; 8
(2) up to four cubic yards of animal waste residuals distributed from a facility subject to regulation 9
under Rule .1303 or Rule .1304 of this Section per visit to individuals for personal use, with a 10
maximum of ten cubic yards per year per individual; 11
(3) oil, grease, grit and screenings from wastewater treatment facilities; 12
(4) septage from wastewater treatment facilities; 13
(5) ash that is regulated in accordance with Section .1200 of this Subchapter; 14
(6) residuals that are regulated in accordance with Section .1100 of this Subchapter; 15
(7) residuals that are prepared for land application, used, or disposed of in a solid waste management 16
facility permitted by the Division of Waste Management; 17
(8) residuals that are disposed of in an incinerator permitted by the Division of Air Quality; 18
(9) residuals that are transported out of state for treatment, storage, use, or disposal; and 19
(10) residuals that meet the definition of a hazardous waste in accordance with 40 CFR 260.10 as adopted 20
by reference in 15A NCAC 13A .0102(b) or that have a concentration of polychlorinated biphenyls 21
equal to or greater than 50 milligrams per kilogram of total solids (i.e., dry weight basis). basis) and; 22
(11) animal mortality. 23
(b) For new and modified sources of animal waste residuals, the application shall submit a permit application in 24
writing to the Division that includes the following: 25
(1) Site maps shall be provided to the Division by the applicant depicting the location of the source and 26
demonstrate compliance with siting setbacks applicable to animal waste management systems 27
established in G.S. 106-803, and NRCS standards at the time of construction; 28
(2) A complete analysis of the animal waste residuals. The analysis may shall include all pollutants 29
identified in Paragraph (c) in this Rule, nutrients and micronutrients, and proof of compliance with 30
pathogen and vector requirements in Paragraphs (f) and (g) of this Rule if applicable; 31
(3) A sampling/monitoring plan that describes how compliance with Paragraphs (c), (f), and (g) (d) of 32
this Rule if applicable shall be provided to the Division by the applicant; 33
(4) A marketability statement detailing destinations and approximate amounts of the final product to be 34
distributed; and 35
(5) A copy of the label/information sheet that complies with Paragraph (h)(e) of this Rule. 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 324 of 525
(c) Bulk animal waste residuals shall not be applied to a lawn, home garden, or public contact use site nor shall animal 1
waste residuals be sold or given away in a bag or other container for application to the land if the concentration of any 2
pollutant in that residual exceeds the ceiling concentration for that pollutant as stipulated in the following (i.e., on a 3
dry weight basis): 4
Pollutant Ceiling Concentration 5
(milligrams per kilogram) 6
Arsenic 75 7
Cadmium 85 8
Copper 4,300 9
Lead 840 10
Mercury 57 11
Molybdenum 75 12
Nickel 420 13
Selenium 100 14
Zinc 7,500 15
(d)(c) Bulk animal Animal waste residuals shall not be applied to a lawn, home garden, or public contact use site nor 16
shall animal waste residuals be sold or given away in a bag or other container for application to the land if the 17
concentration of any pollutant in that residual exceeds the concentration for that pollutant as stipulated in the following 18
(i.e., on a dry weight basis): 19
Pollutant Monthly Average Ceiling Concentration 20
(milligrams per kilogram) 21
Arsenic 41 22
Cadmium 39 23
Copper 1,500 24
Lead 300 25
Mercury 17 26
Nickel 420 27
Selenium 100 28
Zinc 2,800 29
(e)(d) The Class A Animal waste residuals shall meet the pathogen requirements of Rule .1106(a)(2) of this 30
Subchapter shall be met when bulk animal waste residuals are to be applied to a lawn, home garden, or public contact 31
use site or sold or given away in a bag or other container for application to the land. 32
(f) For animal waste residuals to be classified as Class A with respect to pathogens, the requirements of Rule .1106(b) 33
of this Subchapter shall be met. 34
(g) Animal waste residuals shall not be applied to a lawn, home garden, or public contact use site or sold or given 35
away in a bag or other container for application to the land unless the requirements of one of the vector attraction 36
reduction alternatives have been met. The vector attraction reduction alternatives shall be as follows: 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 325 of 525
(1) 38-Percent Volatile Solids Reduction. The mass of the volatile solids in the animal waste residuals 1
shall be reduced by a minimum of 38 percent between the time that the animal waste residuals enter 2
the digestion process and the time it is land applied. 3
(2) 40-Day Bench Scale Test. A portion of previously anaerobically-digested animal waste residuals 4
shall be further anaerobically-digested in the laboratory in a bench-scale unit for 40 additional days 5
at a temperature between 30 and 37 degrees Celsius. The volatile solids in the animal waste residuals 6
shall be reduced by less than 17 percent as measured from the beginning to the end of the test. 7
(3) 30-Day Bench Scale Test. A portion of previously aerobically-digested animal waste residuals shall 8
be further aerobically-digested in the laboratory in a bench-scale unit for 30 additional days at a 9
temperature of 20 degrees Celsius. The previously aerobically-digested animal waste residuals shall 10
either have a concentration of two percent total solids or less or shall be diluted with effluent down 11
to two percent total solids at the start of the test. The volatile solids in the animal waste residuals 12
shall be reduced by less than 15 percent as measured from the beginning to the end of the test. 13
(4) Specific Oxygen Uptake Rate Test. The specific oxygen uptake rate (SOUR) for animal waste 14
residuals treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per 15
hour per gram of total solids (i.e., dry weight basis) corrected to a temperature of 20 degrees Celsius. 16
(5) 14-Day Aerobic Processes. The animal waste residuals shall be treated in an aerobic process for 14 17
days or longer. During that time the temperature of the animal waste residuals shall be higher than 18
40 degrees Celsius, and the average temperature of the animal waste residuals shall be higher than 19
45 degrees Celsius. 20
(6) Alkaline Stabilization. The pH of the animal waste residuals shall be raised to 12 or higher by alkali 21
addition and, without the addition of more alkali, shall remain at 12 or higher for two hours and then 22
at 11.5 or higher for an additional 22 hours. 23
(7) Drying of Stabilized Residuals. The animal waste residuals shall be dried to 75 percent total solids 24
if the animal waste residuals contain no unstabilized solids from a primary wastewater treatment 25
process. Mixing of the animal waste residuals with other materials shall not be used to meet this 26
alternative. 27
(8) Drying of Unstabilized Residuals. The animal waste residuals shall be dried to 90 percent total solids 28
if the animal waste residuals contain unstabilized solids from a primary wastewater treatment 29
process. Mixing of the animal waste residuals with other materials shall not be used to meet this 30
alternative. 31
(h)(e) For animal waste residuals that are sold or given away in a bag or other container for application to the land, 32
either a label shall be affixed to the bag or other container or an information sheet shall be provided to the person who 33
receives the animal waste residuals. The label/information sheet shall contain the following information: 34
(1) The name and address of the person who prepared the animal waste residuals; 35
(2) A statement that land application of the animal waste residuals shall be prohibited except in 36
accordance with the instructions on the label/information sheet; 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 326 of 525
(3) A statement that animal waste residuals shall be applied at agronomic rates and recommended rates 1
for intended uses; 2
(4) A statement that the animal waste residuals shall not be applied to any site that is flooded, frozen, 3
or snow covered; 4
(5) A statement that adequate procedures shall be provided to prevent surface runoff from carrying any 5
disposed or stored animal waste residuals into any surface waters; 6
(6) A statement which identifies that this material shall be prevented from entering any public or private 7
water supply source (including wells), stream, lake, or river; 8
(7) Pollutant concentration for pollutants listed in Paragraph (c) of this Rule; and 9
(8) Nitrogen and phosphorous concentration. 10
(i)(f) Monitoring and Reporting. 11
(1) Animal waste residuals applied shall be monitored for pollutants as listed in Paragraph (b)(c) of this 12
Rule as well asand for pathogens as described in Paragraph (e) (d) of this Rule and Paragraph (f) of 13
this Rule as applicable at the frequency as stipulated in the following for each residuals source 14
facility: 15
Metric Tons per 365 day period Monitoring Frequency 16
(Dry Weight Basis) 17
Greater than zero but less than 290 Once per year 18
Equal to or greater than 290 but less than 1,500 Once per quarter (four times per year) 19
Equal to or greater than 1,500 but less than 15,000 Once per 60 days (six times per year) 20
Equal to or greater than 15,000 Once per month (12 times per year) 21
(2) A report of all monitoring and reporting requirements as specified in the permit shall be submitted 22
to the Division by the permittee annually on or before March 1st of each calendar year. 23
(3) All records shall be retained for a minimum of five years. 24
25
History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.10A; 26
Eff. September 1, 2018. 27
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 327 of 525
15A NCAC 02T .1401 is readopted as published in 32:06 NCR 589 as follows: 1
2
SECTION .1400 – MANURE HAULER OPERATIONS 3
4
15A NCAC 02T .1401 SCOPE 5
The rules in this Section apply to all manure hauler operations. 6
7
History Note: Authority G.S. 143-215.1; 143-215.3(a); 8
Eff. September 1, 2006.2006; 9
Readopted Eff. September 1, 2018. 10
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 328 of 525
15A NCAC 02T .1402 is readopted as published in 32:06 NCR 589 as follows: 1
2
15A NCAC 02T .1402 DEFINITIONS 3
As used in this Section: 4
"Manure Hauler" means any person who accepts or purchases animal waste and land applies the animal waste 5
on land not covered by the generator's permit. 6
7
History Note: Authority G.S. 143-215.1; 143-215.3(a); 8
Eff. September 1, 2006.2006; 9
Readopted Eff. September 1, 2018. 10
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 329 of 525
15A NCAC 02T .1403 is readopted with changes as published in 32:06 NCR 589 as follows: 1
2
15A NCAC 02T .1403 PERMITTING BY REGULATION 3
(a) The following systems are deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets 4
the criteria in Rule .0113 of this Subchapter and all criteria required for the specific system in this Rule: 5
(1) Manure Hauler that land apply a total of 100 tons or less of animal waste per calendar year if: 6
(A) animal waste is applied at no greater than agronomic rates; and 7
(B) a setback vegetated buffer (separation) of at least 25 feet is maintained from a perennial 8
stream or perennial waterbody during land application. 9
(2) Manure Hauler that land apply a total of more than 100 tons of animal waste per calendar year if: 10
(A) animal waste is applied at no greater than agronomic rates; 11
(B) animal waste is not stockpiled uncovered for greater than 15 days; 12
(C) animal waste is not stockpiled within 100 feet of a perennial stream or perennial waterbody; 13
(D) a setback vegetated buffer (separation) of at least 25 feet is maintained from a perennial 14
stream or perennial waterbody during land application; 15
(E) the Manure Hauler registers with the Division by one year from the effective date of this 16
Rule. Manure Hauler that begin operation following the effective date of this Rule must 17
register with the Division prior to accepting or purchasing manure.manure; 18
(F) the Manure Hauler submits an annual report, as specified in this Section, to the Division 19
by March 1 of each year; and [keeps records of land application activitiy including the date, 20
location and amount of all animal waste received, and the date locations, application rate, 21
acreage, waste analysis, and receiving crops of all animal waste land application; and] ; 22
and 23
(G) the field on which animal waste is applied has had a representative Standard Soil Fertility 24
Analysis within the last three years from a Division certified laboratory pursuant to 15A 25
NCAC 02H .0800. 26
(b) The Director may determine that a system should not be deemed permitted in accordance with this Rule and Rule 27
.0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter. 28
29
History Note: Authority G.S. 143-215.1; 143-215.3(a); 30
Eff. September 1, 2006. 2006; 31
Readopted Eff. September 1, 2018. 32
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 330 of 525
1 of 1
15A NCAC 02T .1404 was proposed for readoption as a repeal as published in 32:06 NCR 589 but instead is readopted 1
with changes as follows: 2
3
15A NCAC 02T .1404 ANNUAL REPORTS 4
(a) Manure Haulers that land apply more than 100 tons but less than 750 tons of animal waste per calendar year shall 5
submit to the Division a report of the activities for the calendar year that includes the following: 6
(1) Name, mailing address, and phone number of the Manure Hauler; 7
(2) Date, Dates location, and amount of all animal waste received; and 8
(3) Date, Dates location, amount, and acreage of all animal waste land application. 9
(b) Manure Haulers that land apply 750 tons or more of animal waste per calendar year shall submit to the Division 10
a report of the activities for the calendar year that includes the following: 11
(1) Name, mailing address, and phone number of the Manure Hauler; 12
(2) Dates, locations, and amounts of animal waste received; and 13
(3) Dates, locations, application rate, acreage, waste analysis, and receiving crop of all animal waste 14
land applied. 15
(c) Annual reports shall be submitted by March 1 for the preceding calendar year, on Division supplied forms or 16
forms approved by the Division as providing the same information as required by the Division's forms. 17
18
History Note: Authority G.S. 143-215.1; 143-215.3(a); 19
Eff. September 1, 2006.2006; 20
Readopted Eff. September 1, 2018. 21
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15A NCAC 02T .1601 is readopted as published in 32:06 NCR 590 as follows: 1
2
SECTION .1600 –GROUNDWATER REMEDIATION SYSTEMS 3
4
15A NCAC 02T .1601 SCOPE 5
The rules in this Section apply to all persons proposing to construct, modify, expand, or operate a groundwater 6
treatment system that extracts and treats contaminated groundwater and reintroduces the treated groundwater. These 7
include closed-loop groundwater remediation systems as defined in G.S. 143-215.1A. Such systems typically use 8
infiltration galleries or injection wells. This Section does not apply to in-situ groundwater remediation wells, as 9
defined by 15A NCAC 02C .0209(e)(3)(C), 15A NCAC 02C .0225(a), unless such a system includes the withdrawal, 10
treatment, and reintroduction of the treated groundwater. 11
12
History Note: Authority G.S. 143-214.2(b); 143-215.1; 143-215.1A; 13
Eff. September 1, 2006.2006; 14
Readopted Eff. September 1, 2018. 15
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 332 of 525
15A NCAC 02T .1602 is readopted as published in 32:06 NCR 590 as follows: 1
2
5A NCAC 02T .1602 DEFINITIONS 3
The terms used for the purpose of this Section shall be defined as follows: 4
(1) "Closed-loop groundwater remediation system" is as defined in G.S. 143-215.1A. 5
(2) "Contaminant" is as defined in 15A NCAC 02L .0102. 6
(3) "Infiltration gallery" means a subsurface ground absorption system expressly designed for the 7
introduction of wastewater into the subsurface environment. 8
(4) "Injection well" is as defined in 15A NCAC 02C .0204. 9
(5) "Oversight agency" means the state or local agency with jurisdiction over the contamination 10
incident. 11
(6) "Receptor" is as defined in 15A NCAC 02L .0102. 12
(7) "Water table" is as defined in 15A NCAC 02L .0102. 13
14
History Note: Authority G.S. 143-214.2(b); 143-215.1; 143-215.1A; 15
Eff. September 1, 2006.2006; 16
Readopted Eff. September 1, 2018. 17
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 333 of 525
15A NCAC 02T .1604 is readopted as published in 32:06 NCR 590 as follows: 1
2
15A NCAC 02T .1604 APPLICATION SUBMITTAL 3
(a) Site Description and Incident Information shall be provided by the applicant to the Division including the 4
following: 5
(1) The applicant must identify the site by name, address, permit number, and incident number assigned 6
by the oversight agency (if applicable). 7
(2) The applicant must briefly describe the site, noting pertinent site information including: 8
(A) contaminant(s) of concern, 9
(B) source(s) and date(s) of the contaminant release, 10
(C) remedial actions to date, 11
(D) current land use, and 12
(E) potential receptors. 13
(b) Soils Evaluation. For systems with proposed discharge within seven feet of land surface and above the seasonal 14
high water table, a soil evaluation of the disposal site shall be provided to the Division by the applicant. If required 15
by G.S. 89F, a soil scientist shall submit this evaluation. This evaluation shall be presented in a report that includes 16
the following components: 17
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, 18
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science under G.S. 89F.] 19
(1) Field description of soil profile. Based on examinations of excavation pits or auger borings, the 20
following parameters shall be described by individual diagnostic horizons to a depth of seven feet 21
below land surface or to bedrock: 22
(A) thickness of the horizon; 23
(B) texture; 24
(C) color and other diagnostic features; 25
(D) structure; 26
(E) internal drainage; 27
(F) depth, thickness, and type of restrictive horizon(s); 28
(G) pH; 29
(H) cation exchange capacity; and 30
(I) presence or absence and depth of evidence of any seasonal high water table. 31
Applicants shall dig pits when necessary for evaluation of the soils at the site. 32
(2) Recommendations concerning annual and instantaneous loading rates of liquids, solids, other 33
wastewater constituents and amendments. Annual hydraulic loading rates shall be based on in-situ 34
measurement of saturated hydraulic conductivity in the most restrictive horizon. 35
(c) Hydrogeologic Evaluation. A hydrogeologic evaluation prepared by a Licensed Geologist, License Soil Scientist, 36
or Professional Engineer if required by Chapters 89E, 89F, or 89C respectively of the disposal site shall be provided 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 334 of 525
to the Division by the applicant. This evaluation shall be conducted to a depth that includes the depth of existing 1
contamination and the total depth of the injection well(s) or infiltration gallery(ies). This evaluation shall be based on 2
borings for which the numbers, locations, and depths are sufficient to define the components of the hydrogeologic 3
evaluation. In addition to borings, other techniques may be used to investigate the subsurface conditions at the site. 4
These techniques may include geophysical well logs, surface geophysical surveys, and tracer studies. This evaluation 5
shall be presented in a report that includes the following components: 6
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board 7
for Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for 8
Engineers and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic 9
description documents pursuant to this Paragraph constitutes practicing geology under G.S. 89E, soil science under 10
G.S. 89F, or engineering under G.S. 89C.] 11
(1) a description of the regional and local geology and hydrogeology; 12
(2) a description, based on field observations of the site, of the site topographic setting, streams, springs 13
and other groundwater discharge features, drainage features, existing and abandoned wells, rock 14
outcrops, and other features that may affect the movement of the contaminant plume and treated 15
wastewater; 16
(3) changes in lithology underlying the site; 17
(4) depth to bedrock and occurrence of any rock outcrops; 18
(5) the hydraulic conductivity, transmissivity, and storativity (specific yield if unconfined aquifer) of 19
the affected aquifer(s); 20
(6) depth to the seasonal high water table; 21
(7) a discussion of the relationship between the affected aquifers of the site to local and regional 22
geologic and hydrogeologic features; and 23
(8) a discussion of the groundwater flow regime of the site focusing on the relationship of the plume 24
and remediation system to groundwater receptors, groundwater discharge features, and groundwater 25
flow media. 26
(d) Demonstration of Hydraulic Control. Computer modeling or predictive calculations based on site-specific 27
conditions shall be provided to the Division by the applicant to demonstrate that operation of the system will not cause 28
or contribute to: 29
(1) the migration of contaminants into previously uncontaminated areas, and 30
(2) a violation of the groundwater standards at the compliance boundary. 31
(e) Maps and Cross-Sections. If required by G.S. 89C, a professional land surveyor shall provide location information 32
on boundaries and physical features not under the purview of other licensed professions. Site plans or maps shall be 33
provided to the Division by the applicant depicting the location, orientation and relationship of facility components 34
including: 35
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[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated 1
December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, 2
on maps pursuant to this Paragraph constitutes practicing surveying under G.S. 89C.] 3
(1) a scaled map of the site, with site-specific topographic contour intervals and showing all facility-4
related structures and fences within the treatment, storage and disposal areas; 5
(2) locations of all test auger borings or inspection pits; 6
(3) the location of all wells (including usage and construction details if available), designated wellhead 7
protection areas, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, other 8
surface drainage features, and any other site activities or features that may involve possible exposure 9
to contamination within 500 feet of all waste treatment, storage, and disposal site(s); 10
(4) setbacks as required by Rule .1606 of this Section; 11
(5) delineation of the property boundary(ies), review boundary(ies), and compliance boundary(ies); 12
(6) the horizontal and vertical extent of the contaminant plume for each of the contaminants of concern, 13
including isoconcentration lines and plume cross-sections; 14
(7) cross-section(s) depicting soil and rock layers and features to a depth including the depth of existing 15
contamination and the total depth of the injection well(s) or infiltration gallery(ies); and 16
(8) hydrologic features such as potentiometric surface / water table contours and the direction of 17
groundwater flow. 18
(f) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents. 19
The following documents shall be provided to the Division by the applicant: 20
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated 21
December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing 22
engineering under G.S. 89C.] 23
(1) engineering plans for the entire system, including treatment, storage, application, and disposal 24
facilities and equipment except those previously permitted unless they are directly tied into the new 25
units or are critical to the understanding of the complete process; 26
(2) specifications describing materials to be used, methods of construction, and means for ensuring 27
quality and integrity of the finished product; and 28
(3) plans that include construction details of recovery, injection, and monitoring wells and infiltration 29
galleries. 30
(g) Operating and Monitoring Plans. An operation and monitoring plan shall be provided to the Division by the 31
applicant. These documents shall be specific to the site and include: 32
(1) The operating plan shall include: 33
(A) the operating schedule including any periodic shut-down times, 34
(B) required maintenance activities for all structural and mechanical elements, 35
(C) all consumable and waste materials with their intended source and disposal locations, 36
(D) restrictions on access to the site and equipment, and 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 336 of 525
(E) compliance with Rule .1605(b) of this Section. 1
(2) The monitoring plan shall include: 2
(A) the monitoring well(s) that will be sampled, 3
(B) the constituent(s) for which those samples will be analyzed, and 4
(C) the schedule for sampling. 5
6
History Note: Authority G.S. 143-214.2(b); 143-215.1; 143-215.1A; 7
Eff. September 1, 2006.2006; 8
Readopted Eff. September 1, 2018. 9
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15A NCAC 02T .1605 is readopted as published in 32:06 NCR 590 as follows: 1
2
15A NCAC 02T .1605 DESIGN CRITERIA 3
(a) The infiltration gallery(ies) or injection well(s) must be designed such that the infiltration gallery(ies) or injection 4
well(s) shall not cause or contribute to: 5
(1) the migration of contaminants into previously uncontaminated areas; 6
(2) a violation of the groundwater standards at the compliance boundary (if discharge is within the 7
compliance boundary of the disposal facility); and 8
(3) a violation of the groundwater standards at the point of discharge (if discharge is not within the 9
compliance boundary of the disposal facility). 10
(b) There shall be provisions in the operating plan to ensure the quality of the treated effluent and hydraulic control 11
of the system at all times when any portion of the system ceases to function (e.g. standby power capability, complete 12
system-off status, or duplicity of system components). 13
(c) Design shall include a minimum elevation protection of two feet above the 100-year flood elevation. 14
(d) Flow equalization of at least 25 percent of the facility's permitted hydraulic capacity must be provided for facilities 15
with fluctuations in influent flow which may adversely affect the performance of the system. 16
17
History Note: Authority G.S. 143-214.2(b); 143-215.1; 143-215.1A; 18
Eff. September 1, 2006.2006; 19
Readopted Eff. September 1, 2018. 20
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 338 of 525
15A NCAC 02T .1606 is readopted as published in 32:06 NCR 590 as follows: 1
2
15A NCAC 02T .1606 SETBACKS 3
The location of the infiltration gallery or injection well(s) must meet the setback requirements specified below unless 4
it can be demonstrated that these requirements cannot be met, and that operation of the infiltration gallery(ies) or 5
injection well(s) at the proposed location(s) will not result in the migration of contaminants into previously 6
uncontaminated areas, and a contravention of groundwater standards beyond the compliance boundary. The following 7
setbacks (in feet) are applicable to these systems: 8
9
any well with the exception of an approved groundwater monitoring well 100 10
surface waters streams – intermittent and perennial, perennial waterbodies, and wetlands) 100 11
any property under separate ownership 50 12
structures – above-ground (e.g. buildings, retention walls) 10 13
structures – subsurface (e.g. utilities, basements, swimming pools) 15 14
any water line 10 15
rock outcrops 50 16
top of slope of embankments or cuts of two feet or more in vertical height 15 17
groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 100 18
surface water diversions (ephemeral streams, waterways, ditches) 25 19
subsurface groundwater lowering drainage systems 100 20
21
History Note: Authority G.S. 143-214.2(b); 143-215.1; 143-215.1A; 22
Eff. September 1, 2006.2006; 23
Readopted Eff. September 1, 2018. 24
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 339 of 525
15A NCAC 02T .1607 is readopted as published in 32:06 NCR as follows: 1
2
15A NCAC 02T .1607 MONITORING AND REPORTING REQUIREMENTS 3
(a) A monitoring system plan shall be established to assess the impact of the discharge on groundwater quality. The 4
monitoring plan shall: 5
(1) be based on reaction rates, discharge rates, likelihood of secondary impacts, and site-specific 6
hydrogeologic information, 7
(2) track the performance of the permitted remediation system and verify that the intended remediation 8
processes are occurring, and 9
(3) include water level and flow meter measurements to ensure the system is operating properly. 10
(b) All sampling results shall be reported by the permittee to the Division on a frequency determined by the reaction 11
rates, discharge rates, likelihood of secondary impacts, and site-specific hydrogeologic information. 12
(c) A report of the summarized results of related groundwater, influent, and effluent monitoring shall be submitted 13
by the permittee to the Division annually. 14
15
History Note: Authority G.S. 143-214.2(b); 143-215.1; 143-215.1A; 16
Eff. September 1, 2006.2006; 17
Readopted Eff. September 1, 2018. 18
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15A NCAC 02T .1608 is readopted as published in 32:06 NCR 590 as follows: 1
2
15A NCAC 02T .1608 REQUIREMENTS FOR CLOSURE 3
(a) 30 days prior to initiation of closure of a groundwater remediation system, the permittee shall submit the following4
documentation to the Division: 5
(1)the reason(s) for closure,6
(2)a letter from the oversight agency authorizing closure of the system, and7
(3)a description of the proposed closure procedure.8
(b) The following closure procedures shall be followed:9
(1)injection well closure procedures as specified in 15A NCAC 02C .0214, and10
(2)infiltration galleries shall be closed such that the infiltration gallery will be rendered permanently11
unusable for the disposal or infiltration of fluids and will not serve as a source or channel of12
contamination.13
(c) Within 30 days following upon completion of the closure of a groundwater remediation system, the permittee14
shall submit the following documentation to the Division: 15
(1)a description of the completed closure procedure;16
(2)the dates of all actions taken relative to the procedure; and17
(3)a written certification that the closure has been accomplished, and that the information submitted is18
complete, factual and accurate.19
20
History Note: Authority G.S. 143-214.2(b); 143-215.1; 143-215.1A; 21
Eff. September 1, 2006.2006; 22
Readopted Eff. September 1, 2018. 23
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15A NCAC 02U .0101 is readopted with changes as published in 32:06 NCR 590 as follows: 1
2
SUBCHAPTER 02U – RECLAIMED WATER 3
4
SECTION .0100 – GENERAL REQUIREMENTS 5
6
15A NCAC 02U .0101 PURPOSE 7
(a) The rules in this Subchapter shall apply to reclaimed water systems. This includes the generation and utilization8
of reclaimed water tertiary treated wastewater effluent meeting the standards in Rule .0301 of this Subchapter, used 9
in a beneficial manner and for the purpose of conservation of the State's water resources by reducing the use of a 10
potable water water, surface water, and groundwater. resource (potable water, surface water, groundwater). 11
(b) The disposal of treated wastewater effluent that does not serve in place of the use of a water resource is covered12
governed by Subchapter 02T of this Chapter.Chapter 02 of Title 15A. 13
(c) Reclaimed water utilization systems permitted pursuant to this Subchapter do shall not exempt any discharge to14
waters of the State from meeting the permitting requirements established by the National Pollutant Discharge 15
Elimination System (NPDES) permitting program pursuant to G.S. 143-215.1 and 15A NCAC 02H .0100. 16
(c)(d) Any use of reclaimed water for Aquifer Storage and Recovery shall be in accordance with G.S. 143-214.2. 17
(e) Requirements for closed-loop recycle systems are provided in Section .1000 of Subchapter 02T of this Chapter.18
(e) The reuse or return of wastewater from a permitted animal waste facility for waste flushing is governed by 15A19
NCAC 02T .1300. 20
(f) The recycling of wastewater from groundwater remediation systems through an Injection Well or Infiltration21
Gallery is goverened by 15A NCAC 02T .1600. 22
(f)(g) The rules in this subchapter set forth the requirements and procedures for application and issuance of permits 23
for the following reclaimed water systems: 24
(1)treatment works;generation systems;25
(2)utilization systems;26
(3)distribution systems;27
(3)(4) bulk distribution programs; and 28
(4)(5) local program approval. 29
30
History Note: Authority G.S. 143-215.1; 143-215.1(f); 143-215.3(a)(1); 143-355.5; 31
Eff. June 18, 2011.2011; 32
Readopted Eff. September 1, 2018. 33
34
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15A NCAC 02U .0102 is readopted with changes as published in 32:06 NCR 590 as follows: 1
2
15A NCAC 02U .0102 SCOPE 3
The rules in this Subchapter shall apply to all persons proposing to construct, alter, extend, or operate any reclaimed 4
water treatment works generation, distribution or utilization system. The rules in this Section are general requirements 5
that apply to all program rules (found in individual sections) in this Subchapter. 6
7
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 8
Eff. June 18, 2011.2011; 9
Readopted Eff. September 1, 2018. 10
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 343 of 525
15A NCAC 02U .0103 is readopted as published in 32:06 NCR 590-591 as follows: 1
2
15A NCAC 02U .0103 DEFINITIONS 3
The terms used in this Subchapter shall have the meanings set forth are defined in G.S. 143-212 and 143-213, and 4
15A NCAC 02T .0103 15A NCAC 02T .0103, in this Rule, and in program-specific rules in this Subchapter: except 5
as provided in this Rule as follows: 6
(1) "Beneficial manner" means the use of water as a necessary part of an activity or process to which 7
that the water is being added. 8
(2) "Beneficial Reuse" means the utilization of reclaimed water in a beneficial manner and for the 9
purpose of conservation of the State's water resources by reducing the use of other potable water 10
water, surface water, and groundwater resources. resources (potable water, surface water, 11
groundwater). 12
(3) "Conjunctive system" means a system where the reclaimed water option is in addition to not 13
necessary to meet the wastewater disposal needs of the facility and where other wastewater 14
utilization or disposal methods (e.g., NPDES permit) that are available to the facility at all times. 15
times, and reclaimed water utilization is not necessary to meet the wastewater disposal needs of the 16
facility. 17
(4) "Dedicated system" means a system where the reclaimed water utilization is necessary to meet the 18
wastewater disposal needs of the facility and where other wastewater utilization or disposal methods 19
to accommodate the entire wastewater flow generated at the facility are not available. 20
(5) "Closed-loop recycle facility" means a system in which non-domestic wastewater is repeatedly 21
recycled back through the process in which the waste was generated. 22
(4)(6) "Direct contact irrigation" means application methods that result in the direct contact of reclaimed 23
water on the portion of the crop intended for human consumption. 24
(5)(7) "Five-day side stream detention pond" means a basin capable of holding five days worth of treatment 25
plant effluent based on the (permitted flow capacity) permitted flow capacity in the event that the 26
reclaimed water does not meet the required quality standards for the approved use. 27
(6)(8) "Indirect contact irrigation" means application methods that will preclude direct contact of 28
reclaimed water on the portion of the crop intended for human consumption. 29
(7)(9) "Net environmental benefit" associated with wetlands augmentation sites is documented evidence 30
supporting continued maintenance of natural conditions, and the protection of endangered species 31
as required in Rule .0105(c)(10) of this Section. Wetland augmentation systems shall provide 32
documentation of the protection of existing wetland uses in accordance with 15A NCAC 02B 33
.0201(f) and .0231 .0231, and shall not result in net degradation of the wetland. 34
(8)(10) "Reclaimed Water" means treated wastewater effluent, effluent meeting effluent standards 35
established pursuant to Rule .0301 of this Subchapter, and used for beneficial reuse. 36
37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 344 of 525
History Note: Authority G.S. 143-213; 143-215.3(a)(1); 1
Eff. June 18, 2011.2011; 2
Readopted Eff. September 1, 2018. 3
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 345 of 525
15A NCAC 02U .0104 is repealed through readoption as published 32:06 NCR 591 as follows: 1
2
15A NCAC 02U .0104 ACTIVITIES WHICH REQUIRE A PERMIT 3
4
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 5
Eff. June 18, 2011.2011; 6
Repealed Eff. September 1, 2018. 7
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 346 of 525
15A NCAC 02U .0105 is readopted as published in 32:06 NCR 591 as follows: 1
2
15A NCAC 02U .0105 GENERAL REQUIREMENTS 3
General requirements shall be in accordance with 15A NCAC 02T .0105. 4
5
History Note: Authority G.S. 143-215.1; 143-215.3(a); 6
Eff. June 18, 2011.2011; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 347 of 525
15A NCAC 02U .0106 is readopted as published in 32:06 NCR 591 as follows: 1
2
15A NCAC 02U .0106 SUBMISSION OF PERMIT APPLICATIONS 3
Submission of permit applications shall be in accordance with 15A NCAC 02T .0106. 4
5
History Note: Authority G.S. 143-215.3(a)(1); 143-215.1; 6
Eff. June 18, 2011.2011; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 348 of 525
15A NCAC 02U .0107 is readopted as published in 32:06 NCR 591 as follows: 1
2
15A NCAC 02U .0107 STAFF REVIEW AND PERMIT PREPARATION 3
Staff review and permit preparation shall be in accordance with 15A NCAC 02T .0107. 4
5
History Note: Authority G.S. 143-215.1(b); 143-215.1(d); 143-215.3(a)(1); 143-215.3(a)(4); 6
Eff. June 18, 2011.2011; 7
Readopted Eff. September 1, 2018 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 349 of 525
15A NCAC 02U .0108 is readopted as published in 32:06 NCR 591 as follows: 1
2
15A NCAC 02U .0108 FINAL ACTION ON PERMIT APPLICATIONS TO THE DIVISION 3
Final action on permit applications to the Division shall be in accordance with 15A NCAC 02T .0108. 4
5
History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215.1(d); 143-215.3(a)(1); 6
Eff. June 18, 2011.2011; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 350 of 525
1 of 1
15A NCAC 02U .0109 is readopted with changes as published in 32:06 NCR 591 as follows: 1
2
15A NCAC 02U .0109 PERMIT RENEWALS 3
Requests for permit renewals shall be submitted to the Director at least 180 days prior to expiration unless the permit 4
has been revoked by the Director in accordance with Rule .0110 of this Section or a request has been made to 5
rescind the permit. Renewal requests shall be made in accordance with Rule .0105 and Rule .0106 of this 6
Section.Permit renewals shall be in accordance with 15A NCAC 02T .0109. 7
8
History Note: Authority G.S. 143-215.3(a)(1); 9
Eff. June 18, 2011.2011; 10
Readopted Eff. September 1, 2018. 11
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 351 of 525
15A NCAC 02U .0110 is readopted as published in 32:06 NCR 591 as follows: 1
2
15A NCAC 02U .0110 MODIFICATION AND REVOCATION OF PERMITS 3
Modification and revocation of permits shall be in accordance with 15A NCAC 02T .0110. 4
5
History Note: Authority G.S. 143-215.1(b)(2.); 143-215.3(a)(1); 6
Eff. June 18, 2011.2011; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 352 of 525
15A NCAC 02U .0111 is readopted as published in 32:06 NCR 591 as follows: 1
2
15A NCAC 02U .0111 CONDITIONS FOR ISSUING GENERAL PERMITS 3
Conditions for issuing general permits are established in 15A NCAC 02T .0111. 4
5
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 143-215.10C; 6
Eff. June 18, 2011.2011; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 353 of 525
15A NCAC 02U .0112 is readopted as published in 32:06 NCR 591 as follows: 1
2
15A NCAC 02U .0112 DELEGATION OF AUTHORITY 3
Delegation of authority shall be in accordance with 15A NCAC 02T .0112. 4
5
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4); 6
Eff. June 18, 2011.2011; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 354 of 525
15A NCAC 02U .0113 is readopted with changes as published in 32:06 NCR 591-593 as follows: 1
2
15A NCAC 02U .0113 PERMITTING BY REGULATION (SEE S.L. 2011-48) 3
(a) The following utilizations of reclaimed water and closed-loop recycle activities are shall be deemed to be permitted 4
pursuant to G.S. 143-215.1(b)G.S. 143-215.1(b), and it is not necessary for the Division to issue individual permits or 5
coverage under a general permit for construction or operation of the following utilization systems provided the system 6
does not result in any violations of surface water or groundwater standards, there is no unpermitted direct discharge 7
to surface waters, and all criteria required for the specific system is are met: 8
(1) Discharges to the land surface from flushing and hydrostatic testing water associated with utility 9
distribution systems, new sewer extensions sewer extensions, or new reclaimed water distribution 10
lines; 11
(2) Overflow from elevated and covered or enclosed reclaimed water storage facilities where if no 12
viable alternative exists and all possible reasonable measures are taken to reduce the risk of 13
overflow; 14
(3) Any de minimus runoff from reclaimed water used during fire fighting or extinguishing, dust 15
control, soil compaction for construction purposes, street sweeping, overspray on yard inlets, 16
overspray on golf cart paths, or vehicle washing provided the use is approved in a permit issued by 17
the Division; 18
(4) Incidental discharge to a municipal separate storm sewer system (MS4) that occurs as a result of 19
reclaimed water utilization activities provided the use such activity is approved in a reclaimed water 20
utilization permit issued by the Division, and the discharge does not violate water quality standards. 21
This does not exempt the reclaimed water user from complying with any applicable local ordinances 22
that may prohibit such discharges; 23
(5) Rehabilitation, repair, or replacement of reclaimed water lines in kind (i.e., size) with the same 24
horizontal and vertical alignment; 25
(6) In accordance with 15A NCAC 02H .0106(f)(5), flushing flushing, (including air release valve 26
discharge) including air release valve discharge, and hydrostatic testing water discharges associated 27
with reclaimed water distribution systems provided that if no water quality standards are violated; 28
(7) Utilization of reclaimed water received from a reclaimed water bulk distribution program permitted 29
under Rule .0601 of this Subchapter; 30
(8) Irrigation of residential lots or commercial (non-residential) application areas less than one acre two 31
acres in size that are supplied with reclaimed water as part of a conjunctive use reclaimed water 32
system meeting the requirements of Rules .0301, .0401, .0403, .0501, and .0701 of this Subchapter; 33
Chapter 89G of the General Statutes; approved by the local building inspection department; and 34
installed by a North Carolina Licensed Irrigation Contractor pursuant to G.S. 89G. A scaled site 35
map showing the location of the reclaimed water irrigation system and all features necessary to show 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 355 of 525
compliance with applicable setbacks in Rule .0701 of this Subchapter shall be submitted to the 1
reclaimed water provider; 2
(9) Irrigation of agricultural crops crops, including irrigation of ornamental crops by field nurseries and 3
aboveground container nurseries, supplied with reclaimed water as part of a conjunctive use 4
reclaimed water system meeting the requirements of this Subchapter and approved by the reclaimed 5
water provider; 6
(10) Drip irrigation sites supplied with reclaimed water as part of a conjunctive use reclaimed water 7
system generated from an onsite wastewater treatment facility meeting the criteria of this Subchapter 8
and where the conjunctive system has been approved by the Department of Health and Human 9
Services and is permitted under 18A .1900; and 10
(11) Reuse of produced waters and flowback waters from oil and gas wells regulated by Article 27 of 11
G.S. 113 for reuse in accordance with water and waste management plans approved pursuant to 12
rules of the Mining and Energy Commission as set forth in 15A NCAC 05H. 15A NCAC 05H; 13
(12) Toilet and urinal flushing systems supplied by reclaimed water as part of a conjunctive reclaimed 14
water system meeting the applicable requirements of Rules .0301, .0401, .0403, .0501, and .0701 of 15
this Subchapter; Chapter 89G of the General Statutes; approved by the local building inspection 16
department; and installed by a North Carolina Licensed Plumbing Contractor pursuant to G.S. 89; 17
(13) Return of wastewater within an industrial or commercial process where there is no anticipated 18
release of wastewater provided the facility develops and maintains a spill control plan in the event 19
of a release, no earthen basins are used, and the system is contained and under roof; 20
(14) Recycling of rinse water at concrete mixing facilities for concrete mix removal from equipment 21
provided the wastewater is contained within concrete structures, there is sufficient storage capacity 22
to contain the runoff from a 24-hour, 25-year storm event plus one foot freeboard and the facility 23
develops and maintains a spill control plan in the event of a wastewater release. The facility shall 24
notify the appropriate Division regional office in writing noting the owner, location, and that the 25
design complies with the above criteria; 26
(15) Recycling of wash and rinse water at vehicle wash facilities provided the wastewater is contained 27
within concrete, steel or synthetic structures, all vehicle washing is conducted under roof or there 28
are no direct or indirect precipitation inputs, and the facility develops and maintains a spill control 29
plan in the event of a wastewater release; 30
(16) The reuse or return of wastewater within the treatment works of a permitted wastewater treatment 31
system; 32
(17) Recycle systems that are part of a stormwater management systems permitted under 15A NCAC 33
02H .1000, and the wastewater is recycled back through the process in which the waste was 34
generated; and 35
(18) Recycling of rinse water for separating gems from gravel, sand, or rock in a flume at commercial 36
gem mine facilities with total system flow of less than 100,000 gpd, provided the wastewater is 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 356 of 525
contained within storage structures, no biological or chemical additives are used, and the facility 1
develops and maintains a spill control plan in the event of a wastewater release. The facility shall 2
notify the appropriate Division regional office in writing noting the owner, location, and that the 3
design complies with the required criteria. 4
(b) Nothing in this Rule shall be deemed to allow the violation of any assigned surface water, groundwater, or air 5
quality standards, and in addition any such violation is a violation of a condition of a permit. 6
(c) The reclaimed water user shall report any violation of this Rule or any discharge to surface waters from the 7
utilization systems listed in Paragraph (a) of this Rule. Rule to the Division and in accordance with 15A NCAC 02B 8
.0506. 9
(d) Utilization systems deemed permitted under this Subchapter shall remain deemed permitted, notwithstanding any 10
violations of surface water or groundwater standards or violations of this Rule or other Permitted By Regulation rules 11
in this Subchapter, until such time as the Director determines that they should shall not be deemed permitted in 12
accordance with the criteria established in this Rule. 13
(e) The Director may determine that a utilization system should shall not be deemed to be permitted in accordance 14
with this Rule and require the utilization system to obtain an individual permit or a certificate of coverage under a 15
general permit. This determination shall be made based on existing or projected environmental impacts, compliance 16
with the provisions of this Rule and the compliance history of the facility owner. 17
18
History Note: Authority G.S. 130A-300; 143-215.1(a)(1); 143-215.1(b)(4)(e); 143-215.3(a),(d); 19
Eff. June 18, 2011 (See S.L. 2011-48); 20
Amended Eff. March 19, 2015.2015; 21
Readopted Eff. September 1, 2018. 22
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 357 of 525
15A NCAC 02U .0114 is readopted as published in 32:06 NCR 593 as follows: 1
2
15A NCAC 02U .0114 WASTEWATER DESIGN FLOW RATES 3
Wastewater design flow rates shall be determined pursuant to 15A NCAC 02T .0114. 4
5
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 6
Eff. June 18, 2011.2011; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 358 of 525
15A NCAC 02U .0115 is readopted as published in 32:06 NCR 593 as follows: 1
2
15A NCAC 02U .0115 OPERATIONAL AGREEMENTS 3
Operational agreements shall be completed pursuant to 15A NCAC 02T .0115. 4
5
History Note: Authority G.S. 143-215.1(d1); 6
Eff. June 18, 2011.2011; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 359 of 525
15A NCAC 02U .0116 is readopted as published in 32:06 NCR 593 as follows: 1
2
15A NCAC 02U .0116 CERTIFICATION OF COMPLETION 3
Certification of completion shall be completed pursuant to 15A NCAC 02T .0116. 4
5
History Note: Authority G.S. 143-215.1; 6
Eff. June 18, 2011.2011; 7
Reaopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 360 of 525
15A NCAC 02U .0117 is readopted as published in 32:06 NCR 593 as follows: 1
2
15A NCAC 02U .0117 TREATMENT FACILITY OPERATION AND MAINTENANCE 3
Treatment facility operation and maintenance shall be completed pursuant to 15A NCAC 02T .0117. 4
5
History Note: Authority G.S. 143-215.3; 6
Eff. June 18, 2011.2011; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 361 of 525
1 of 1
15A NCAC 02U .0118 is adopted as published in 32:06 NCR 593 as follows: 1
2
15A NCAC 02U .0118 DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES 3
Demonstration of future wastewater treatment capacities shall be completed pursuant to 15A NCAC 02T .0118. 4
5
History Note: Authority G.S. 143-215.3; 6
Eff. September 1, 2018. 7
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 362 of 525
15A NCAC 02U .0120 is readopted as published in 32:06 NCR 593 as follows: 1
2
15A NCAC 02U .0120 HISTORICAL CONSIDERATION IN PERMIT APPROVAL 3
Historical consideration in permit approval shall be in accordance with 15A NCAC 02T .0120. 4
5
History Note: Authority G.S. 143-215.1(b); 143-215.3(a); 6
Eff. June 18, 2011.2011; 7
Readopted Eff. September 1, 2018. 8
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 363 of 525
1 of 3
15A NCAC 02U .0201 is readopted with changes as published in 32:06 NCR 593-594 as follows: 1
2
SECTION .0200 - APPLICATION REQUIREMENTS 3
4
15A NCAC 02U .0201 APPLICATION SUBMITTAL – CONJUNCTIVE SYSTEMS 5
(a) The requirements in this Rule shall apply to all new and expanding conjunctive reclaimed water and closed-loop 6
recycle facilities, as applicable. facilities. 7
(b) A soil evaluation of the utilization site where the reclaimed water is applied to the land surface or otherwise used 8
in a ground absorption manner shall be provided to the Division by the Applicant. applicant. Evaluations shall include 9
recommended loading rates of liquids, solids, and other constituents. For systems that utilize reclaimed water through 10
irrigation, the evaluation shall also include recommended maximum irrigation precipitation rates. If required by G.S. 11
89F, a soil scientist shall prepare this evaluation. 12
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, 13
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science under pursuant to G.S. 14
89F.] 15
(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare engineering design 16
documents. The following documents shall be provided to the Division by the Applicant: applicant: 17
(1) engineering plans for the entire system, including treatment, storage, application, and utilization 18
facilities and equipment except those previously permitted unless those previously permitted are 19
directly tied into the new units or are critical necessary to the understanding of the complete process; 20
(2) specifications describing materials to be used, methods of construction, and means for ensuring 21
quality and integrity of the finished product product, including leakage testing; and 22
(3) engineering calculations calculations, including hydraulic and pollutant loading for each treatment 23
unit, treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head and 24
system curve analysis for each pump, buoyancy calculations, and irrigation design.design; and 25
(4) closed-loop facilities utilizing storage ponds shall provide a water balance calculation documenting 26
all inputs and losses. 27
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 28
1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing 29
engineering under G.S. 89C. In addition, the North Carolina Board of Examiners for Engineers and Surveyors has 30
determined that design of residential reclaimed irrigations systems owned by the property owner does not constitute 31
engineering under pursuant to G.S. 89C.] 32
(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries 33
and physical features not under the purview of other licensed professions. The Applicant applicant shall provide site 34
plans or maps for treatment and storage facilities and where the reclaimed water is applied to the land surface or 35
otherwise used in a ground absorption manner, except where reclaimed water is utilized for irrigation to single-family 36
residential lots, showing the location, orientation and relationship of facility components including: 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 364 of 525
2 of 3
(1) a scaled map of the site site, with topographic contour intervals not exceeding 10 feet or 25 percent 1
of total site relief and showing all facility-related structures and fences within 500 feet of the 2
treatment, storage, and utilization areas; areas, soil mapping units shown on all utilizations sites; 3
(2) for land application sites and other ground absorption uses, the site map shall include topography; 4
and 5
(3) to the extent needed to determine compliance with setbacks, the location of all features included in 6
Rule .0701 of this Subchapter. Subchapter; [and] 7
(4) setbacks as required by Rule .0701 of this Subchapter and delineation of the review and compliance 8
[boundaries.]boundaries; and 9
(5) site property boundaries within 500 feet of all waste treatment, storage, and utilization sites. 10
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated 11
December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, 12
on maps pursuant to this Paragraph constitutes practicing surveying under pursuant to G.S. 89C.] 13
(e) The Applicant applicant shall provide property ownership documentation to the Division consisting of: 14
(1) legal documentation of ownership (e.g., contract, deed or article of incorporation); 15
(2) written notarized intent to purchase agreement an agreement of an intent to purchase the property 16
that is written, notarized, and signed by both parties, accompanied by a plat or survey map; 17
(3) an easement running with the land indicating the intended use of the property and meeting the 18
condition of 15A NCAC 02L .0107(f); or 19
(4) written notarized lease agreement an agreement to lease the property that is written, notarized, and 20
signed by both parties, indicating the intended use of the property, as well as accompanied by a plat 21
or survey map. When this Subparagraph is utilized to document property ownership, groundwater 22
standards must be met across the entire site and a compliance boundary need not be provided. Lease 23
agreements shall adhere to the requirements of 15A NCAC 02L .0107. 24
(f) Public utilities shall submit a Certificate of Public Convenience and Necessity or a letter from the NC Utilities 25
Commission to the Division stating that it has received a franchise application has been received. application. 26
(g) For reclaimed or recycled water generated from industrial wastewater, the The Applicant applicant shall provide 27
a complete chemical analysis of the typical reclaimed water to be utilized utilized, and a listing of any toxic pollutant 28
that the Applicant currently uses or manufactures as an intermediate or final product or byproduct (the Director may 29
waive or modify this requirement for any Applicant if the Applicant demonstrates that it would be unduly burdensome 30
to identify each toxic pollutant and the Director has adequate information to issue the permit). for industrial waste. 31
The Director may determine that subsequent toxicity testing is required based on the provided information. New 32
facilities may provide chemical analysis of the source water along with predictive calculations for chemical 33
characteristics prior to utilization. The analysis shall include: 34
(1) Total Organic Carbon; 35
(2) 5-day Biochemical Oxygen Demand (BOD5); 36
(3) Chemical Oxygen Demand (COD); 37
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3 of 3
(4) Nitrate Nitrogen (NO3-N); 1
(5) Ammonia Nitrogen (NH3-N); 2
(6) Total Kjeldahl Nitrogen (TKN); 3
(7) pH; 4
(8) Chloride; 5
(9) Total Phosphorus; 6
(10) Phenol; 7
(11) Total Volatile Organic Compounds; 8
(12) Escherichia coli (E.coli) or Fecal Coliform; 9
(13) Coliphage (Type 2 reclaimed water only); 10
(14) Clostridium perfringens (Type 2 reclaimed water only); 11
(15) Calcium; 12
(16) Sodium; 13
(17) Magnesium; 14
(18) Sodium Adsorption Ratio (SAR); 15
(19) Total Trihalomethanes; and 16
(20) Toxicity Test Parameters; and 17
(21)(20) Total Dissolved Solids. 18
(h) For irrigation sites, the Applicant applicant shall provide to the Division a project evaluation and a receiver site 19
agronomic management plan and recommendations concerning cover crops and their ability to accept the proposed 20
application rates of liquid, solids, minerals and other constituents of the wastewater. 21
22
History Note: Authority G.S. 143-215.1; 143-215.3(a); 23
Eff. June 18, 2011.2011; 24
Readopted Eff. September 1, 2018. 25
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 366 of 525
15A NCAC 02U .0202 is readopted as published in 32:06 NCR 594-596 as follows: 1
2
15A NCAC 02U .0202 APPLICATION SUBMITTAL FOR - NON-CONJUNCTIVE DEDICATED 3
RECLAIMED WATER SYSTEMS 4
(a) In addition to the Application Submittal Requirements established Rule .0201 of this Section, the The requirements 5
in this Rule shall apply to all new and expanding non-conjunctive dedicated reclaimed water facilities, as applicable. 6
facilities. 7
(b) Soils Report.report. A soil evaluation of the utilization site shall be provided to the Division by the Applicant. 8
applicant. If required by G.S. 89F, a soil scientist shall prepare this evaluation. This evaluation shall be presented in 9
a report that includes the following: 10
(1) A field Field description of the soil profile, based on examinations of excavation pits and auger 11
borings, within seven feet of land surface or to bedrock describing the following parameters by 12
individual diagnostic horizons: 13
(A) the thickness of the horizon; 14
(B) the texture; 15
(C) the color and other diagnostic features; 16
(D) the structure; 17
(E) the internal drainage; 18
(F) the depth, thickness, and type of restrictive horizon(s); horizons; and 19
(G) presence or absence and depth of evidence of any seasonal high water table (SHWT); table; 20
Applicants shall dig pits when necessary for proper evaluation of the soils at the site; 21
(2) Recommendations concerning loading rates of liquids, solids, other wastewater constituents and 22
amendments; amendments. Annual annual hydraulic loading rates shall be based on in-situ 23
measurement of saturated hydraulic conductivity in the most restrictive horizon for each soil 24
mapping unit; unit. Maximum maximum irrigation precipitation rates shall be provided for each soil 25
mapping unit; 26
(3) A field-delineated soil map delineating soil mapping units within each land application site and 27
showing all physical features, location of pits and auger borings, legends, scale, and a north arrow; 28
arrow. The legends shall also include dominant soil series name and family or higher taxonomic 29
class for each soil mapping unit; and 30
(4) A representative soils analysis (i.e., Standard Soil Fertility Analysis) Standard Soil Fertility Analysis 31
conducted on each land application site. The Standard Soil Fertility Analysis shall include the 32
following parameters: 33
(A) Acidity; acidity, 34
(B) Base Saturation (by calculation); base saturation (by calculation), 35
(C) Calcium; calcium, 36
(D) Cation Exchange Capacity; cation exchange capacity, 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 367 of 525
(E) Copper; copper, 1
(F) Exchangeable Sodium Percentage (by calculation); exchangeable sodium percentage (by 2
calculation), 3
(G) Magnesium; magnesium, 4
(H) Manganese; manganese, 5
(I) Percent Humic Matter; percent humic matter, 6
(J) pH, pH; 7
(K) Phosphorus; phosphorus, 8
(L) Potassium; potassium, 9
(M) Sodium; sodium, and 10
(N) Zinc. zinc. 11
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, 12
that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science under pursuant to G.S. 13
89F.] 14
(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents. 15
The applicant shall provide the following documents to the Division: 16
(1) engineering plans for the entire system, including treatment, storage, application, and utilization 17
facilities and equipment except those previously permitted unless those previously permitted are 18
directly tied into the new units or are critical to the understanding of the complete process; 19
(2) specifications describing materials to be used, methods of construction, and means for ensuring 20
quality and integrity of the finished product including leakage testing; and 21
(3) engineering calculations including hydraulic and pollutant loading for each treatment unit, treatment 22
unit sizing criteria, hydraulic profile of the treatment system, total dynamic head and system curve 23
analysis for each pump, buoyancy calculations, and irrigation design. 24
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated 25
December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing 26
engineering under G.S. 89C. In addition, the North Carolina Board of Examiners for Engineers and Surveyors has 27
determined that design of residential reclaimed irrigations systems owned by the property owner does not constitute 28
engineering under G.S. 89C.] 29
(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries 30
and physical features not under the purview of other licensed professions. The applicant shall provide site plans or 31
maps to the Division where the reclaimed water is applied to the land surface or otherwise used in a ground absorption 32
manner depicting the location, orientation and relationship of facility components including: 33
(1) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of 34
total site relief and showing all facility-related structures and fences within the treatment, storage 35
and utilization areas, soil mapping units shown on all utilization sites; 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 368 of 525
(2) the location of all wells (including usage and construction details if available), streams (ephemeral, 1
intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 2
feet of all waste treatment, storage, and utilization site(s) and delineation of the review and 3
compliance boundaries; 4
(3) setbacks as required by Rule .0701 of this Subchapter; and 5
(4) site property boundaries within 500 feet of all waste treatment, storage, and utilization site(s). 6
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated 7
December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, 8
on maps pursuant to this Paragraph constitutes practicing surveying under G.S. 89C.] 9
(e)(c) Hydrogeologic report. A hydrogeologic description of the subsurface, prepared by a Licensed Geologist, 10
Licensed Soil Scientist, or Professional Engineer if required by Chapters 89E, 89F, or 89C89C, respectively 11
respectively, of the subsurface to a depth of 20 feet or bedrock, whichever is less, shall be provided to the Division by 12
the Applicant applicant for systems treating industrial waste and any system reclaimed water land application sites 13
with a design flow of over 25,000 gallons per day. Industrial facilities generating less than 25,000 gallons per day of 14
wastewater, and can demonstrate that the effluent will be of quality similar to domestic wastewater, including effluent 15
requirements established in 15A NCAC 02U .0301(b), shall, upon request, be exempted from this requirement. A 16
greater depth of investigation is required if the respective depth is used in predictive calculations. This evaluation shall 17
be based on borings for which the numbers, locations, and depths are sufficient to define the components of the 18
hydrogeologic evaluation. In addition to borings, other techniques may be used to investigate the subsurface 19
conditions at the site. These techniques may include geophysical well logs, surface geophysical surveys, and tracer 20
studies. This evaluation shall be presented in a report that includes a mounding analysis to predict the level of the 21
seasonal high water table after reclaimed water application, if the seasonal high water table is within six feet of the 22
surface. The report shall also consider that includes the following components: 23
(1) a description of the regional and local geology and hydrogeology based on research of literature for 24
the area; 25
(2) a description, based on field observations of the site, of the site topographic setting, streams, springs 26
and other groundwater discharge features, drainage features, existing and abandoned wells, rock 27
outcrops, and other features that may affect the movement of the reclaimed water; contaminant 28
plume and treated wastewater; 29
(3) changes in the lithology underlying the site; 30
(4) the depth to bedrock and the occurrence of any rock outcrops; 31
(5) the hydraulic conductivity and transmissivity of the affected aquifer(s); aquifer; 32
(6) the depth to the seasonal high water table; 33
(7) a discussion of the relationship between the affected aquifers of the site to local and regional 34
geologic and hydrogeologic features; and 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 369 of 525
(8) a discussion of the groundwater flow regime of the site prior to the operation of the proposed facility 1
and the post operation of the proposed facility focusing on the relationship of the system to 2
groundwater receptors, groundwater discharge features, and groundwater flow media; and media. 3
(9) if the SHWT is within six feet of the surface, a mounding analysis to predict the level of the SHWT 4
after wastewater reclaimed water application. 5
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board 6
for Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for 7
Engineers and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic 8
description documents pursuant to this Paragraph constitutes practicing geology under pursuant to G.S. 89E, soil 9
science under pursuant to G.S. 89F, or engineering under pursuant to G.S. 89C.] 10
(f) The applicant shall provide property ownership documentation to the Division consisting of: 11
(1) legal documentation of ownership (i.e., contract, deed or article of incorporation); 12
(2) written notarized intent to purchase agreement signed by both parties, accompanied by a plat or 13
survey map; 14
(3) an easement running with the land specifically indicating the intended use of the property and 15
meeting the condition of 15A NCAC 02L .0107(f); or 16
(4) written notarized lease agreement signed by both parties, indicating the intended use of the property, 17
as well as a plat or survey map. Groundwater standards shall be met across the entire site, and a 18
compliance boundary shall not be provided. 19
(g) Public utilities shall submit a Certificate of Public Convenience and Necessity or a letter from the NC Utilities 20
Commission stating that a franchise application has been received. 21
(h) The applicant shall provide to the Division a complete chemical analysis of the typical reclaimed water to be 22
utilized for industrial waste. The analysis shall include: 23
(1) Total Organic Carbon; 24
(2) 5-day Biochemical Oxygen Demand (BOD5); 25
(3) Chemical Oxygen Demand (COD); 26
(4) Nitrate Nitrogen (NO3-N); 27
(5) Ammonia Nitrogen (NH3-N); 28
(6) Total Kjeldahl Nitrogen (TKN); 29
(7) pH; 30
(8) Chloride; 31
(9) Total Phosphorus; 32
(10) Phenol; 33
(11) Total Volatile Organic Compounds; 34
(12) Escherichia coli (E. coli) or Fecal Coliform; 35
(13) Coliphage (Type 2 reclaimed water only); 36
(14) Clostridium perfringens (Type 2 reclaimed water only); 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 370 of 525
(15) Calcium; 1
(16) Sodium; 2
(17) Magnesium; 3
(18) Sodium Adsorption Ratio (SAR); 4
(19) Total Trihalomethanes; 5
(20) Toxicity Test Parameters; and 6
(21) Total Dissolved Solids. 7
(i) For irrigation sites, the applicant shall provide to the Division a project evaluation and a receiver site agronomic 8
management plan and recommendations concerning cover crops and their ability to accept the proposed application 9
rates of liquid, solids, minerals and other constituents of the wastewater. 10
(j)(d) The Applicant applicant shall provide to the Division a residuals management plan as required by Rule .0802 11
Rule .0802(a) of this Subchapter. A written commitment is not required at the time of application; however, it shall 12
be provided prior to operation of the permitted system. 13
(e) The Applicant shall provide to the Division a water balance that determines the required effluent storage based on 14
the following most limiting factor: 15
(1) hydraulic loading based on the most restrictive horizon; 16
(2) hydraulic loading based on the groundwater mounding analysis; 17
(3) nutrient management based on agronomic rates for the specified cover crop; or 18
(4) nutrient management based on crop management. 19
(k) The shall provide a water balance to the Division that determines required storage based upon the most limiting 20
factor of the hydraulic loading based on either the most restrictive horizon or groundwater mounding analysis; or 21
nutrient management based on either agronomic rates for a specified cover crop or crop management requirements. 22
23
History Note: Authority G.S. 143-215.1; 143-215.3(a); 24
Eff. June 18, 2011.2011; 25
Readopted Eff. September 1, 2018. 26
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 371 of 525
15A NCAC 02U .0301 is readopted as published in 32:06 NCR 597 as follows: 1
2
SECTION .0300 - EFFLUENT STANDARDS 3
4
15A NCAC 02U .0301 RECLAIMED WATER EFFLUENT STANDARDS 5
(a) Reclaimed water treatment processes classified as Type 2 by the rules in this Subchapter shall produce an effluent quality a 6
tertiary quality effluent (filtered or equivalent) prior to storage, distribution, or utilization that meets the parameter limits listed below: 7
(1) monthly average BOD5 of less than or equal to 5 mg/l mg/L and a daily maximum BOD5 of less than or equal to 10 8
mg/l; mg/L; 9
(2) monthly average TSS of less than or equal to 5 mg/l mg/L and a daily maximum TSS of less than or equal to 10 10
mg/l; mg/L; 11
(3) monthly average NH3 NH3-N of less than or equal to 1 mg/l mg/L and a daily maximum NH3 NH3-N of less than or 12
equal to 2 mg/l; mg/L; 13
(4) monthly geometric mean Escherichia coli (E. coli) or fecal coliform level of less than or equal to 3/100 ml mL and a 14
daily maximum E. coli or fecal coliform level of less than or equal to 25/100 ml; mL; 15
(5) monthly geometric mean Coliphage level of less than or equal to 5/100 ml mL and a daily maximum Coliphage 16
level of less than or equal to 25/100 ml; mL; 17
(6) monthly geometric mean Clostridium perfringens level of less than or equal to 5/100 ml mL and a daily maximum 18
Clostridium perfringens level of less than or equal to 25/100 ml; mL; and 19
(7) maximum Turbidity of 5 Nephelometric Turbidity Units (NTUs). 20
(b) Reclaimed water treatment processes classified as Type 1 by the rules in this Subchapter shall produce an effluent quality a 21
tertiary quality effluent (filtered or equivalent) prior to storage, distribution, or utilization that meets the parameter limits listed below: 22
(1) monthly average BOD5 of less than or equal to 10 mg/l mg/L and a daily maximum BOD5 of less than or equal to 15 23
mg/l; mg/L; 24
(2) monthly average TSS of less than or equal to 5 mg/l mg/L and a daily maximum TSS of less than or equal to 10 25
mg/l; mg/L; 26
(3) monthly average NH3 NH3-N of less than or equal to 4 mg/l mg/L and a daily maximum NH3 NH3-N of less than or 27
equal to 6 mg/l; mg/L; 28
(4) monthly geometric mean E. coli or fecal coliform level of less than or equal to 14/100 ml mL and a daily maximum 29
E. coli or fecal coliform level of less than or equal to 25/100 ml; mL; and 30
(5) maximum Turbidity of 10 NTUs. 31
(c) Reclaimed water produced by industrial facilities are not required to meet the criteria in this Rule if the reclaimed water is used at 32
the facility in an industrial process and the area of use has no public access and does not result in employee exposure. 33
34
History Note: Authority G.S. 143-215.1; 143-215.3(a.); 35
Eff. June 18, 2011.2011; 36
Readopted Eff. September 1, 2018. 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 372 of 525
15A NCAC 02U .0401 is readopted as published in 32:06 NCR 597 as follows: 1
2
SECTION .0400 - DESIGN STANDARDS 3
4
15A NCAC 02U .0401 DESIGN CRITERIA FOR RECLAIMED WASTEWATER WATER TREATMENT 5
FACILITIES CONJUNCTIVE SYSTEMS 6
(a) The requirements in this Rule shall apply to all new and expanding conjunctive reclaimed water treatment 7
facilities, as applicable. facilities. 8
(b) Continuous on-line monitoring and recording for turbidity or particle count and flow shall be provided prior to 9
storage, distribution or utilization. 10
(c) Effluent from the treatment facility shall not be discharged to the storage, distribution or utilization system if either 11
the turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met. The facility shall have the ability to 12
utilize use alternate wastewater management options when the effluent quality is not sufficient. 13
(d) An automatically activated standby power source or other means to prevent improperly treated wastewater from 14
entering the storage, distribution or utilization system shall be provided. 15
(e) The permit shall require an operator certified by the Water Pollution Control System Operators Certification 16
Commission (WPCSOCC) of a grade equivalent or greater than the facility classification to be on call 24 hours per 17
day. 18
(f) No storage facilities are required as long as if it can be demonstrated that other permitted means of disposal are 19
available if 100 percent of the reclaimed water cannot be utilized. used. When provided, storage basins shall meet the 20
design requirements in Rule .0402 (g)(f) of this Section. 21
(g) Reclaimed water irrigation system design shall not exceed the recommended precipitation rates in the soils report 22
prepared pursuant to Rule .0201 Section .0200 of this Subchapter. Single family Single-family residential irrigation 23
systems and commercial (non-residential) irrigation systems less than one acre in size that are permitted by regulation 24
under Rule .0113(8) of this Subchapter do not require preparation of a soils report. 25
(h) All open-atmosphere treatment lagoons and ponds, and open-atmosphere storage units shall have at least two feet 26
of freeboard. 27
(h)(i) Type 2 reclaimed water treatment facilities shall provide dual disinfection systems containing UV disinfection 28
and chlorination or equivalent dual disinfection processes to meet pathogen control requirements. 29
(i)(j) Type 2 reclaimed water treatment facilities shall provide documentation that the combined treatment and 30
disinfection processes are capable of the following: 31
(1) log 6 or greater reduction of E. coli; 32
(2) log 5 or greater reduction of Coliphage; and 33
(3) log 4 or greater reduction of Clostridium perfringens. 34
(k) Automatically activated irrigation systems shall be connected to a rain or moisture sensor to prevent irrigation 35
during precipitation events, or wet conditions that would cause runoff. 36
37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 373 of 525
History Note: Authority G.S. 143-215.1; 143-215.3(a); 1
Eff. June 18, 2011.2011; 2
Readopted Eff. September 1, 2018. 3
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 374 of 525
15A NCAC 02U .0402 is readopted with changes as published in 32:06 NCR 598 as follows: 1
2
15A NCAC 02U .0402 DESIGN CRITERIA FOR DEDICATED RECLAIMED WATER TREATMENT 3
FACILITIES 4
(a) In addition to the Design Criteria established in Rule .0401 of this Section, The the requirements in this Rule shall 5
apply to all new and expanding non-conjunctive dedicated reclaimed water facilities, as applicable. unless specified 6
otherwise. 7
(b) Each facility, except for those using septic tanks or lagoon treatment, shall provide flow equalization with either 8
a capacity based upon a representative diurnal hydrograph or a capacity of 25 percent of the daily system design flow. 9
Aerated flow equalization facilities shall be provided with a capacity based upon either a representative diurnal 10
hydrograph or at least 25 percent of the daily system design flow. 11
(c) Dual facilities shall be provided for all essential treatment units. 12
(d) Continuous on-line monitoring and recording for turbidity or particle count and flow shall be provided prior to 13
storage, distribution, or utilization. 14
(e)(d) Effluent from the treatment facility shall be discharged to a five-day side-stream detention pond unit if either 15
the turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met. The facility shall have the ability to 16
return the effluent in the five-day side-stream detention pond unit back to the head of the treatment facility. 17
(f)(e) There shall be no The public shall be prohibited access to the wastewater treatment facility or the five-day side-18
stream detention pond. unit. The five-day side-stream detention pond shall have either a liner of natural material at 19
least one foot in thickness and having a hydraulic conductivity of no greater than 1 x 10-6 centimeters per second when 20
compacted, or a synthetic liner of sufficient thickness to exhibit structural integrity and an effective hydraulic 21
conductivity no greater than that required of the natural material liner. Liner requirements of the five-day side-stream 22
detention pond or separation distances between the bottom of the five-day side-stream detention pond and the 23
groundwater table may be reduced if it can be demonstrated by predictive calculations or modeling methods that 24
satisfy the Director, that construction and use of the five-day side-stream detention pond will not result in 25
contravention of assigned groundwater standards at the compliance boundary. 26
(g)(f) The storage basin and five-day side-stream detention units shall have either a liner of natural material at least 27
one foot in thickness and having a hydraulic conductivity of no greater than 1 x 10-6 centimeters per second when 28
compacted, or a synthetic liner of sufficient thickness to exhibit structural integrity and an effective hydraulic 29
conductivity no greater than that required of the natural material liner. Liner requirements of the storage basin unit or 30
separation distances between the bottom of storage basin and the groundwater table may be reduced if it can be 31
demonstrated by predictive calculations or modeling methods that satisfy the Director, that construction and use of 32
the storage basin unit will not result in contravention of assigned groundwater standards at the compliance boundary. 33
(h) Automatically activated standby power supply onsite, capable of powering all essential treatment units under 34
design conditions shall be provided. 35
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 375 of 525
(i) The permit shall require an operator certified by the Water Pollution Control System Operators Certification 1
Commission (WPCSOCC) of a grade equivalent or greater than the facility classification to be on call 24 hours per 2
day. 3
(j)(g) By-pass and overflow lines are shall be prohibited. 4
(k)(h) Multiple pumps shall be provided if wherever pumps are used. 5
(l)(i) A water-tight seal on all treatment/storage treatment and storage units or minimum of two feet of protection 6
from the 100-year flood elevation shall be provided. 7
(m) Reclaimed water irrigation system design shall not exceed the recommended precipitation rates in the soils report 8
prepared pursuant to Rule .0202 of this Subchapter. 9
(n)(j) A minimum of 30 days of residual storage shall be provided. 10
(o)(k) Utilization areas shall be designed to maintain a one-foot vertical separation between the seasonal high water 11
table and the ground surface. 12
(p)(l) Influent pump stations shall meet the sewer minimum design criteria as provided set forth in 15A NCAC 02T 13
.0300. 14
(q) Type 2 reclaimed water treatment facilities shall provide dual disinfection systems containing UV disinfection or 15
equivalent and chlorination or equivalent to provide pathogen control. 16
(r) Type 2 reclaimed water treatment facilities shall provide documentation that the combined treatment and 17
disinfection processes are capable of the following: 18
(1) log 6 or greater reduction of E. coli; 19
(2) log 5 or greater reduction of Coliphage; and 20
(3) log 4 or greater reduction of Clostridium perfringens. 21
(m) Domestic, commercial, or industrial dedicated reclaimed water systems, including single-family residence 22
facilities, with flow less than 1,000 gallons per day (gpd), are exempt from meeting Paragraphs (c) and (h) of this 23
Rule, if repair or replacement of essential treatment units can be completed within five days. 24
(n) Facilities shall be provided with a flow meter to measure the volume of treated reclaimed water applied to each 25
field. 26
27
History Note: Authority G.S. 143-215.1; 143-215.3(a); 28
Eff. June 18, 2011.2011; 29
Readopted Eff. September 1, 2018. 30
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 376 of 525
15A NCAC 02U .0403 is readopted with changes as published in 32:06 NCR 598-599 as follows: 1
2
15A NCAC 02U .0403 DESIGN CRITERIA FOR DISTRIBUTION LINES (SEE S.L. 2011-218) 3
(a) The requirements in this Rule shall apply to all new distribution lines. 4
(b) All reclaimed water valves, storage facilities facilities, and outlets shall be tagged or labeled to warn the public or 5
employees that the water is not intended for drinking. 6
(c) All reclaimed water piping, valves, outlets outlets, and other appurtenances shall be color-coded, taped, or 7
otherwise marked to identify the source of the water as being reclaimed water as follows: 8
(1) All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or 9
equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - 10
DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or 11
polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated 12
every three feet or less; 13
(2) Identification tape shall be at least three inches wide and have white or black lettering on purple 14
(Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK". 15
Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 16
feet to each pipe length and run continuously the entire length of the pipe; and 17
(3) Existing underground distribution systems retrofitted for the purpose of utilizing conveying 18
reclaimed water shall be taped or otherwise identified as in Subparagraphs (1) or (2) of this 19
Paragraph. This identification need not extend the entire length of the distribution system but shall 20
be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. 21
(d) All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by 22
personnel authorized by the entity that operates the reclaimed water system. 23
(e) Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of nonpotable quality. As 24
an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs 25
which that can only be operated by a tool may be placed above ground and labeled as nonpotable water. 26
(f) Cross-Connection Control There shall be no direct cross-connections between the reclaimed water and potable 27
waters systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. 28
(1) There shall be no direct cross-connections between the reclaimed water and potable waters systems; 29
(2) Where both reclaimed water and potable water are supplied to a reclaimed water use area in 30
residential or commercial (irrigation) applications, a dual check valve device (or a device providing 31
equal or better protection) shall be installed at the potable water service connection to the use area; 32
(3) Where both reclaimed water and potable water are supplied to a reclaimed water use area in 33
industrial or commercial (non-irrigation) applications, a reduced pressure principle backflow 34
prevention device or an approved air gap separation pursuant to 15A NCAC 18C shall be installed 35
at the potable water service connection to the use area; and 36
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 377 of 525
(4) Where potable water is used to supplement a reclaimed water system, there shall be an air gap 1
separation, approved and regularly inspected by the potable water supplier, between the potable 2
water and reclaimed water systems. 3
(g) Irrigation system piping shall be considered part of the distribution system for the purposes of this Rule. 4
(h) Reclaimed water distribution lines shall be located 10 at least [2]5feet horizontally from and 18 inches below any 5
water line where if practicable. Where If these separation distances cannot be met, the piping and integrity testing 6
procedures shall meet water main standards in accordance with 15A NCAC 18C. 7
(i) Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing 8
procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 9
feet from a private well. 10
(j) Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with 15A NCAC 11
02T .0305. 12
13
History Note: Authority G.S. 143-215.1; 143-215.3(a.); 14
Eff. June 18, 2011 (S.L. 2011-218).2011 (S.L. 2011-218); 15
Readopted Eff. September 1, 2018. 16
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 378 of 525
1 of 2
15A NCAC 02U .0404 is adopted with changes as published in 32:06 NCR 599-600 as follows: 1
2
15A NCAC 02U .0404 DESIGN CRITERIA FOR CLOSED-LOOP RECYCLE SYSTEMS 3
(a) The requirements in this Rule shall apply to all new and expanding closed-loop recycle facilities. 4
(b) Design criteria related to closed-loop recycle systems in general. 5
(1) There shall be noThe public shall be prohibited access to the wastewater treatment equipment, 6
wastewater storage structures, or to the wastewater within a closed-loop recycle facility. 7
(2) If potable water is used to supplement a closed-loop recycle water system, there shall be no direct 8
cross-connections between the closed-loop system and potable water systems, unless such 9
connection has been approved by the Department pursuant to 15A NCAC 18C .0406. 10
(c) Design criteria related to treatment and storage units used in closed-loop recycle systems. 11
(1) The facility shall have the ability to stop production of effluent, return the effluent back to the 12
treatment facility, store the effluent, or discharge the effluent to another permitted wastewater 13
treatment facility when recycling cannot be conducted. 14
(2) Essential treatment units shall be provided in duplicate if proper operation of the treatment unit is 15
essential to the operation of the closed-loop recycle system and the operation cannot safely or 16
efficiently be immediately stopped or altered to operate without the closed-loop recycle system. 17
(3) An automatically activated standby power source, system shutdown, or other means shall be 18
employed to prevent improperly treated wastewater from entering a treated waste water storage 19
structure or from being recycled if loss of power would create an unsafe condition. 20
(4) If they are suitable for reuse, residues recovered during the treatment process may be recycled 21
through the processes that generated the wastewater rather than disposed of as a waste. 22
(5) A water tight seal on all treatment and storage units or two feet of protection from the 100-year 23
flood elevation shall be provided. 24
(6) Storage units in a closed-loop recycle system shall be designed to contain the accumulation of water 25
from a 25-year, 24-hour storm event with 1 foot freeboard, unless the system is protected from 26
rainfall and runoff. 27
(7) The bottoms of earthen impoundments, trenches or other similar excavations shall be at least four 28
feet above the bedrock surface, except that the bottom of excavations that are less than four feet 29
above bedrock shall have a liner with a hydraulic conductivity no greater than 1 x 10-7 centimeters 30
per second. Liner thickness shall be that thickness necessary to achieve a leakage rate consistent 31
with the sensitivity of classified groundwaters. Liner requirements may be reduced if the Applicant 32
demonstrates through predictive calculations or modeling methods that construction and use of these 33
treatment and disposal units will not result in contravention of surface water or groundwater 34
standards. 35
(8) Treatment works and disposal systems using earthen basins, lagoons, ponds or trenches, excluding 36
holding ponds containing non-industrial treated effluent prior to irrigation, for treatment, storage or 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 379 of 525
2 of 2
disposal shall have either a liner of natural material at least one foot in thickness and having a 1
hydraulic conductivity of no greater than 1 x 10-6 centimeters per second when compacted, or a 2
synthetic liner of sufficient thickness to exhibit structural integrity and an effective hydraulic 3
conductivity no greater than that of the natural material liner. 4
5
History Note: Authority G.S. 143-215.1; 143-215.3(a); 6
Eff. September 1, 2018. 7
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 380 of 525
15A NCAC 02U .0501 is readopted as published in NCR 32:06 600-601 as follows: 1
2
SECTION .0500 - GENERAL UTILIZATION REQUIREMENTS 3
4
15A NCAC 02U .0501 RECLAIMED WATER UTILIZATION (SEE S.L. 2011-48) 5
(a) Reclaimed water utilized in a manner that includes application to the land surface shall meet the following criteria: 6
(1) The reclaimed water shall meet requirements for Type 1 reclaimed water in Rule .0301(b) of this 7
Subchapter; 8
(2) Notification shall be provided by the Permittee permittee or its representative to inform the public 9
and employees of the use of reclaimed water (Non Potable Water) and that the reclaimed water is 10
not intended for drinking. Notification material shall be provided to employees in a language they 11
understand; 12
(3) The reclaimed water generator shall develop and maintain a record keeping program for distribution 13
of reclaimed water; 14
(4) The reclaimed water generator shall develop and maintain an education and approval program for 15
all use of reclaimed water. Educational material shall be provided to employees in a language they 16
understand; 17
(5) The reclaimed water generator shall develop and maintain a routine review and inspection program 18
for all uses of reclaimed water on property not owned by the generator; 19
(6) The compliance boundary and the review boundary for groundwater are established at the irrigation 20
area boundaries. No deed restrictions or easements shall be required to be filed on adjacent 21
properties. Land application of effluent shall be on property controlled by the generator unless an 22
easement is provided in accordance with 15A NCAC 02L .0107 15A NCAC 02L .0107, except in 23
cases where a compliance boundary is not established; and 24
(7) Reclaimed water irrigated on designed soil matrix, such as artificial or natural turf athletic fields 25
with subsurface drainage shall meet the following conditions: 26
(A) Annual hydraulic loading and maximum precipitation rates shall be designed to irrigate a 27
volume not to exceed the design water capacity of the designed soil matrix above the 28
drainage system; and 29
(B) Outlets of the drainage system shall not be allowed to discharge directly to surface waters 30
(intermittent or perennial) or to storm water conveyance systems that do not allow for 31
infiltration prior to discharging to surface waters. 32
(b) Reclaimed water used for activities other than land application (such as industrial and commercial uses) industrial 33
and commercial uses shall meet the criteria below: 34
(1) The reclaimed water shall meet requirements for Type 1 reclaimed water; 35
(2) Notification shall be provided by the Permittee permittee or its representative to inform the public 36
and employees of the use of reclaimed water (Non Potable Water) and that the reclaimed water is 37
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 381 of 525
not intended for drinking, and notification material shall be provided to employees in a language 1
they understand; 2
(3) The reclaimed water generator shall develop and maintain an education and approval program for 3
all reclaimed water users, and educational material shall be provided to employees in a language 4
they understand; 5
(4) The reclaimed water generator shall develop and maintain a record keeping program for distribution 6
of reclaimed water; 7
(5) The reclaimed water generator shall develop and maintain a routine review and inspection program 8
for all reclaimed water users; and 9
(6) Reclaimed water used for activities other than land application shall not be used in a manner that 10
causes exposure to aerosols. 11
(c) Reclaimed water used in commercial or industrial facilities for the purposes of urinal and toilet flushing or fire 12
protection in sprinkler systems shall be approved by the Director if the applicant can demonstrate to the Division that 13
public health and the environment will be protected. 14
(d)(c) Reclaimed water shall not be used for swimming pools, hot-tubs, spas or similar uses. 15
(e) Reclaimed water shall not be used for direct reuse as a raw potable water supply. 16
17
History Note: Authority G.S. 143-215.1; 143-215.3(a); 18
Eff. June 18, 2011 (S.L. 2011-48).(S.L. 2011-48); 19
Readopted Eff. September 1, 2018. 20
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 382 of 525
15A NCAC 02U .0601 is readopted as published in 32:06 NCR 601 as follows: 1
2
SECTION .0600 - BULK DISTRIBUTION OF RECLAIMED WATER 3
4
15A NCAC 02U .0601 BULK DISTRIBUTION OF RECLAIMED WATER 5
(a) Tank trucks and other equipment used to distribute reclaimed water shall be identified with advisory signs. 6
(b) Tank trucks used to transport reclaimed water shall not be used to transport potable water that is used for drinking 7
or other potable purposes. 8
(c) Tank trucks used to transport reclaimed water shall not be filled through on-board piping or removable hoses that 9
may subsequently be used to fill potable water tanks. 10
(d) The reclaimed water generator shall develop and maintain an education and approval program for all reclaimed 11
water users. 12
(e) The reclaimed water generator shall develop and maintain a record keeping program for bulk distribution of 13
reclaimed water. 14
(f) The reclaimed water generator shall develop and maintain a routine review and inspection program for reclaimed 15
water users. 16
17
History Note: Authority G.S. 143-215.1; 143-215.3(a); 18
Eff. June 18, 2011.2011; 19
Readopted Eff. September 1, 2018. 20
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 383 of 525
15A NCAC 02U .0701 is readopted with changes as published in 32:06 NCR 601 as follows: 1
2
SECTION .0700 - SETBACKS 3
4
15A NCAC 02U .0701 SETBACKS 5
(a) Treatment and storage facilities associated with systems permitted under this Subchapter shall adhere to the setback requirements 6
in 15A NCAC 02T .0500 .0500, except as provided in this Rule. 7
(b) Final effluent storage facilities shall meet all setback requirements for riparian buffer rules pursuant to 15A NCAC 02B 02B, as 8
well as the following setbacks: 9
feet 10
Any private or public water supply source 100 11
Surface waters (streams – intermittent and perennial, perennial waterbodies, 12
and wetlands) 50 13
Any well with exception of monitoring wells 100 14
Any property line for facilities constructed on or after June 18, 2011 50 15
Any property line for facilities constructed prior to June 18, 2011 0 16
Otherwise storage facilities shall meet the provisions of Paragraph (a) of this Rule. 17
(c) The setbacks for utilization areas sites where reclaimed water is discharged to the ground land applied shall be as follows: 18
feet 19
Surface waters (streams – intermittent and perennial, perennial waterbodies, 20
and wetlands) not classified SA 25 21
Surface waters (streams – intermittent and perennial, perennial waterbodies, and wetlands) 22
not classified SA, provided that the reclaimed water to be utilized contains no 23
more than 10 mg/L of Total Nitrogen and no more than 2 mg/L of Total Phosphorus 24
in addition to applicable requirements of Section .0300 of this Subchapter 0 25
Surface waters (streams – intermittent and perennial, perennial waterbodies, 26
and wetlands) classified SA 100 27
Any well with exception to of monitoring wells 100 28
(d) No setback between the application area and property lines is required. 29
(e) Setbacks between reclaimed water storage ponds and property lines or wells under separate ownership may be waived by the 30
adjoining property owner. A copy of the signed waiver shall be provided to the Department. 31
(f) Setbacks between reclaimed water storage ponds and wells under the same ownership as the reclaimed water storage pond may be 32
waived by the property owner. 33
(g) Setback waivers, other than those allowed in Paragraphs (e) and (f) of this Rule, shall be written, notarized, signed by all parties 34
involved and recorded with the County Register of Deeds. Setback waivers involving the compliance boundary shall be in accordance 35
with 15A NCAC 02L .0107. 36
(h) Setbacks to property lines established in [Paragraph] Paragraphs (a) and (b) of this Rule shall not be applicable when the Permittee, 37
or the entity from which the Permittee is leasing, owns both parcels creating said property line. 38
[(f)]i Habitable residences or places of [public] assembly under separate ownership constructed after the non-discharge facilities were 39
originally permitted or subsequently modified, are exempt from the setback requirements in Paragraph (a) of this Rule. 40
41
History Note: Authority G.S. 143-215.1; 143-215.3(a); 42
Eff. June 18, 2011.2011; 43
Readopted Eff. September 1, 2018. 44
15A NCAC Subchapters 02T and 02U Readoption Hearing Officers’ Report Page 384 of 525
15A NCAC 02U .0801 is readopted with changes as published in 32:06 NCR 601-602 as follows: 1
2
SECTION .0800 – OPERATIONAL PRACTICES (PLANS) 3
4
15A NCAC 02U .0801 OPERATION AND MAINTENANCE PLAN 5
(a) An Operation and Maintenance Plan shall be maintained by the Permittee permittee for all reclaimed water 6
systems. generators and closed-loop recycle systems. The plan shall: 7
(1) describe the operation of the system in sufficient detail to show what operations are necessary for 8
the system to function and by whom the functions operations are to be conducted; 9
(2) include a sampling and monitoring plan to evaluate quality of reclaimed water within the distribution 10
system to provide quality assurance at the time of reuse, and specify actions to be taken in response 11
to unsatisfactory monitoring results; 12
(3) provide a map of all reclaimed water distribution lines and record drawings of all reclaimed water 13
utilization systems under the Permittee's permittee's control; 14
(4) describe anticipated maintenance of the system; 15
(5) include provisions for safety measures measures, including restriction of access to the site and 16
equipment, as required in this Subchapter; and 17
(6) include spill control provisions provisions, including: 18
(a)(A) response to upsets and bypasses bypasses, including control, containment, and 19
remediation; and 20
(b)(B) contact information for plant personnel, emergency responders, and regulatory agencies. 21
(b) Irrigation areas shall have a year-round vegetative cover. 22
(c) Irrigation shall not result in ponding or runoff of treated effluent. 23
(d) Irrigation and metering equipment shall be tested and calibrated annually, or as established by permit. 24
(e) [Automobiles]Vehicles and heavy machinery shall not be allowed on the irrigation area, except during installation 25
or maintenance activities. 26
(f) Water level gauges shall be provided for all open-atmosphere treatment lagoons and ponds, and open-atmosphere 27
storage units. 28
(g) Vegetative cover shall be maintained on all earthen embankments. 29
(h) The Permittee shall keep a log of maintenance activities that occur at the facility. 30
(i) The Permittee shall perform inspections and maintenance to ensure proper operation of the facility. 31
32
History Note: Authority G.S. 143-215.1; 143-215.3(a); 33
Eff. June 18, 2011.2011; 34
Readopted Eff. September 1, 2018. 35
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15A NCAC 02U .0802 is readopted as published in 32:06 NCR 602 as follows: 1
2
15A NCAC 02U .0802 RESIDUALS MANAGEMENT PLAN 3
(a) A Residuals Management Plan shall be maintained for all reclaimed water and closed-loop recycle systems that4
generate residuals. The plan shall include the following: 5
(1)an explanation as to how the residuals will be collected, handled, processed, stored and disposed;6
(2)an evaluation of the residuals storage requirements for the treatment facility facility, based upon the7
maximum anticipated residuals production rate and the ability to remove residuals;8
(3)a permit for residuals disposal or utilization, utilization or a written commitment to the Permittee of9
a Department approved Department-approved residuals disposal/utilization disposal or utilization10
program accepting the residuals which that demonstrates that the approved program has adequate11
capacity to accept the residuals, residuals or that an application for approval has been submitted;12
and13
(4)if oil, grease, grit, or screenings removal and collection is a designed unit process, an explanation14
as to how the oil/grease these materials will be collected, handled, processed, stored and disposed.15
(b) The Permittee shall maintain a record of all residuals removed from the facility.16
17
History Note: Authority G.S. 143-215.1; 143-215.3(a); 18
Eff. June 18, 2011.2011; 19
Readopted Eff. September 1, 2018. 20
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15A NCAC 02U .0901 is readopted as published in 32:06 NCR 602-603 as follows: 1
2
SECTION .0900 - LOCAL PROGRAM APPROVAL 3
4
15A NCAC 02U .0901 LOCAL PROGRAM APPROVAL 5
(a) Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of municipalities 6
and counties may apply to the Division for approval of programs for permitting construction, modification, and 7
operation of reclaimed water distribution lines and permitting users under their authority, unless prohibited by other 8
rules in this Subchapter. Construction of and modifications to treatment works, including pump stations for reclaimed 9
water distribution, require Division approval. Permits issued by approved local programs shall serve in place of 10
permits issued by the Division. Local program approval shall not be granted for non-conjunctive dedicated reclaimed 11
water systems. uses. 12
(b) Applications. Applications for approval of local programs shall provide adequate information to assure compliance 13
with the requirements of this Subchapter and the following: 14
(1) Include two copies of the permit application forms, intended permits permits, including types of 15
uses, minimum design criteria criteria, (specifications), flow chart of permitting, inspection and 16
certification procedures, and other relevant documents to be used in administering the local 17
program; and 18
(2) Certification that the local authority has procedures in place for processing permit applications, 19
setting permit requirements, enforcement, and penalties that are compatible with those for permits 20
issued by the Division. 21
(c) Any amendments to the requirements of this Subchapter shall be incorporated into the local program within 60 22
days of the effective date of the amendments. 23
(d) If required by G.S. 89C, a North Carolina registered Professional Engineer shall be on the staff of the local program 24
or retained as a consultant to review unusual situations or designs and to answer questions that arise in the review of 25
proposed projects. The local program shall also provide staff or retain a consultant to review all other non-engineering 26
related program areas. 27
(e) Each project permitted by the local program shall be inspected for compliance with the requirements of the local 28
program at least once during construction. 29
(f) Approval of Local Programs. The Division staff shall acknowledge receipt of an application for a local program 30
program, in writing, review the application, notify the Applicant applicant of additional information that may be 31
required, and make a recommendation to the Commission on the acceptability of the proposed local program. 32
(g) All permitting actions, bypasses from distribution lines, enforcement actions, and monitoring of the distribution 33
system shall be summarized and submitted to the Division at a minimum on an annual basis on Division-approved 34
forms provided by the Division. The report shall also provide a listing and summary of all enforcement actions taken 35
or pending during the year. The report shall be submitted within 30 days after the end of each year. 36
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(h) A copy of all program documents such as specifications, permit applications, permit shells and shell certification 1
forms shall be submitted to the Division on an annual basis along with a summary of any other program changes. A 2
summary of any program changes shall be submitted to the Division on an annual basis. Program changes to note 3
include staffing, processing fees, and ordinance revisions. 4
(i) Modification of a Local Program. After a local program has been approved by the Commission, any modification 5
of the program procedures or requirements specified in this Rule shall be approved by the Director to assure that the 6
procedures and requirements remain at least as stringent as the state-wide requirements in this Subchapter. 7
(j) Appeal of Local Decisions. Appeal of individual permit denials or issuance with conditions the permit Applicant 8
applicant finds unacceptable shall be made according to the approved local ordinance. The Commission shall not 9
consider individual permit denials or issuance with conditions to which a Permittee permittee objects. This Paragraph 10
does not alter the enforcement authority of the Commission as specified in G.S. 143-215.1(f). 11
12
History Note: Authority G.S. 143-215.1; 143-215.1(f); 143-215.3(a); 13
Eff. June 18, 2011.2011; 14
Readopted Eff. September 1, 2018. 15
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15A NCAC 02U .1101 is readopted as published in 32:06 NCR 603-604 as follows: 1
2
SECTION .1100 - WETLANDS AUGMENTATION 3
4
15A NCAC 02U .1101 WETLANDS AUGMENTATION 5
(a) Wetland augmentation shall be limited as follows:6
(1)Wetland augmentation shall be limited to pine flat and hardwood flat wetlands as defined in the7
most current version of the N.C. Wetland Assessment Method (NC WAM) User Manual developed8
by the N.C. Wetland Functional Assessment Team (NC WFAT), excluding riparian zones. The NC9
WAM User Manual can be accessed at the following web address:10
http://portal.ncdenr.org/web/wq/swp/ws/pdu/ncwam; zones;11
(2)Reclaimed water discharge to Salt Water Wetlands (SWL) or Unique Wet Lands (UWL), as defined12
in 15A NCAC 02B .0101, is not permitted under the rules in this Subchapter; and13
(3)Reclaimed water discharge to wetlands areas shall be limited to times when the depth to groundwater14
is greater than or equal to one foot.15
(b) In addition to the requirements established in Rule .0201 or Rule .0202 of this Subchapter Subchapter, as16
applicable, all new and expanding wetlands augmentation facilities, facilities as applicable, shall: 17
(1)Identify the classification of the existing wetlands according to the most current version of the N.C.18
Wetlands Assessment Method (NC WAM) User Manual and information provided by the North19
Carolina Natural Heritage Program (NC NHP);20
(2)Identify the existing beneficial uses of the reclaimed water to the wetlands in accordance with 15A21
NCAC 02B .0231, and support any demonstration of net environmental benefit;22
(3)Determine the hydrologic regime of the wetlands, including depth and duration of inundation, and23
average monthly water level fluctuations. An estimated monthly water budget shall be provided by24
the Applicant applicant and compared to actual conditions during operation;25
(4)Identify class of reclaimed water to be discharged, associated parameter concentrations, and annual26
loading rates to the wetlands;27
(5)Determine whether the wetland occurs in a ground water recharge or discharge area;28
(6)Provide baseline monitoring information for wetlands sufficient to allow determination of reference29
conditions, to be performed for at least one representative year prior to initiation of discharge;30
(7)Provide a project evaluation and receiver site agronomic plan that includes a hydraulic loading31
recommendation based on the soils report, hydrogeologic description, agronomic investigation,32
wetland type, local topography, aquatic life, wildlife, and all other investigative results to support33
that there will be no negative effects on the uses of the wetlands, wetlands including the biological34
criteria and net environmental benefits will be gained. Hydraulic loading recommendations shall35
reflect seasonal changes to wetlands wetlands, including restrictions during times of high water table 36
levels;37
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(8) For non-conjunctive dedicated wetlands augmentation systems, provide 200 percent of the land 1
requirements based on the recommended hydraulic loading rate. After five years of operation the 2
Permittee may request and receive a reduction in the additional land requirement provided that if 3
operational data supports that sufficient utilization capacity exists for the reclaimed water generator; 4
(9) 10 percent of the land requirements shall remain in a natural state to be used as a basis of comparison 5
to the wetlands receiving reclaimed water; 6
(10) For application of reclaimed water exhibiting parameter concentrations greater than 100 percent of 7
the groundwater standards, provide a site-specific hydrogeologic investigation (i.e., evaluation of 8
wetlands/groundwater interaction, groundwater recharge/discharge, gradient, project proximity to 9
water supply wells) to show that hydrogeologic conditions are adequate to prevent degradation of 10
groundwater quality and demonstrate through hydrogeological modeling that groundwater standards 11
will not be exceeded at the compliance boundary; and 12
(11) Provide documentation that any applicable NPDES program requirements have been met, pursuant 13
to 15A NCAC 02H .0100. 14
(c) All renewal applications for wetlands augmentation facilities, shall submit documentation that the project 15
continues to function as designed and that the net environmental benefit aspects remain applicable. 16
(d) Reclaimed water utilized for wetlands augmentation shall meet the following reclaimed water effluent standards: 17
(1) Reclaimed water discharged to natural wetlands shall be treated to Type 1 reclaimed water 18
standards; 19
(2) In addition to water quality requirements associated with Type 1 reclaimed water, reclaimed water 20
discharged to wetlands shall not exceed the following concentrations, unless net environmental 21
benefits are provided: 22
(A) Total Nitrogen (as Nitrogen) of 4.0 mg/l; mg/L; and 23
(B) Total Phosphorus (as Phosphorus) of 1 mg/l; mg/L; 24
(3) Metal concentrations in reclaimed water discharged to wetlands shall not exceed North Carolina 25
surface water quality standards, unless acute whole effluent toxicity testing demonstrates absence 26
of toxicity. 27
(e) Reclaimed water facilities utilizing wetlands augmentation, shall meet the criteria below: 28
(1) Notification shall be provided by the Permittee permittee or its representative to inform the public 29
of the use of reclaimed water (Non Potable Water) and that the reclaimed water is not intended for 30
drinking; 31
(2) The reclaimed water generator shall develop and maintain a wetlands monitoring program. This 32
monitoring will be conducted during the first five growing seasons after initiation of the application 33
of reclaimed water, after which the Applicant applicant may apply for and receive reduced 34
monitoring. The monitoring requirements must shall include the following items: 35
(A) vegetation, macroinvertebrates, amphibians, fish, birds, and threatened or endangered 36
species surveys; 37
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(B)water chemistry;1
(C)surface water and ground water depth readings; and2
(D)groundwater monitoring plan except for those projects receiving reclaimed water3
characterized by average annual parameter concentrations less than or equal to 50 percent4
of ground water quality criteria, and less than 50 percent of required surface water5
discharge concentrations;6
(3)The reclaimed water generator shall develop and maintain an education program for all users of7
reclaimed water on property not owned by the generator;8
(4)The reclaimed water generator shall develop and maintain a routine review and inspection program9
for the wetlands augmentation system; and10
(5)The compliance boundary and the review boundary for groundwater shall be established at the11
property line. No deed restrictions or easements are required to be filed on adjacent properties. Land12
application of reclaimed water shall be on property controlled by the generator unless a contractual13
agreement is provided in accordance with 15A NCAC 02L .0107 15A NCAC 02L .0107, except14
when in cases where a compliance boundary is not established.15
(f) Permitting of wetlands augmentation uses shall not be delegated to local programs.16
17
History Note: Authority G.S. 143-215.1; 143-215.3(a); S.L. 2006-250; 18
Eff. June 18, 2011.2011; 19
Readopted Eff. September 1, 2018 20
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15A NCAC 02U .1401 is readopted as published in 32:06 NCR 604-606 as follows: 1
2
SECTION .1400 - IRRIGATION TO FOOD CHAIN CROPS 3
4
15A NCAC 02U .1401 IRRIGATION TO FOOD CHAIN CROPS 5
(a) Irrigation to food chain crops shall be limited as follows: 6
(1) Reclaimed water utilized for direct or indirect contact irrigation of food chain crops that will be 7
peeled, skinned, cooked or thermally processed before consumption shall be treated to Type 1 8
reclaimed water standards; 9
(2) For the purposes of this Rule, tobacco is not considered a food chain crop; 10
(3) Reclaimed water shall not be utilized for direct contact irrigation of food chain crops that will not 11
be peeled, skinned, cooked or thermally processed before consumption except as approved in 12
Subparagraph (5) of this Paragraph; 13
(4) Reclaimed water utilized for indirect contact irrigation of food chain crops that will not be peeled, 14
skinned, cooked or thermally processed before consumption shall be treated to Type 2 reclaimed 15
water standards; and 16
(5) If requested, the Department shall authorize demonstration projects to collect and present data 17
related to the direct application of reclaimed water on crops that are not peeled, skinned, cooked, or 18
thermally processed before consumption. Crops produced during such demonstration projects may 19
be used as animal feed or may be thermally processed, cooked, or otherwise prepared for human 20
consumption in a manner approved by the North Carolina Department of Agriculture and Consumer 21
Services. If the Applicant, applicant, based on the data collected, demonstrates to the Department 22
that public health will be protected if their reclaimed water is directly applied to crops which that 23
are not peeled, skinned, cooked, or thermally processed, the Department shall waive the prohibition 24
described in Subparagraph (3) of this Paragraph for that project. When considering such 25
demonstration projects, the Department shall seek the advice of the North Carolina Department of 26
Agriculture and Consumer Services. 27
(b) In addition to the requirements established in Rule .0201 or Rule .0202 of this Subchapter Subchapter, as 28
applicable, all new and expanding irrigation to food chain crops systems shall submit a representative soil analysis for 29
standard soil fertility Standard Soil Fertility Analysis for each field to be irrigated. A The Standard Soil Fertility 30
Analysis shall include the following parameters: 31
(1) Acidity; 32
(2) Base Saturation (by calculation); 33
(3) Calcium; 34
(4) Cation Exchange Capacity; 35
(5) Copper; 36
(6) Exchangeable Sodium Percentage (by calculation); 37
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(7) Magnesium; 1
(8) Manganese; 2
(9) Percent Humic Matter; 3
(10) pH; 4
(11) Phosphorus; 5
(12) Potassium; 6
(13) Sodium; and 7
(14) Zinc. 8
(c) When a water balance is required by Rule .0202(k) of this Subchapter Subchapter, the water balance shall include 9
seasonal water requirements for the crops. 10
(d) For irrigation sites not owned by the Permittee, permittee, a notarized land owner agreement shall be provided to 11
the Division. The land owner agreement shall include the following: 12
(1) a description of the approved uses and conditions for use of the reclaimed water consistent with the 13
requirements of this Rule; 14
(2) a condition requiring the reclaimed water supplier shall provide the landowner with the results of 15
sampling performed to document compliance with the reclaimed water effluent standards; and 16
(3) a condition requiring the landowner to report to the Permittee permittee any use of the reclaimed 17
water inconsistent with the uses in the agreement. 18
(e) All renewal Applicants applicants for dedicated irrigation to food chain crop systems shall submit: 19
(1) A representative soil analysis for standard soil fertility Standard Soil Fertility Analysis for each field 20
to be irrigated. A Standard Soil Fertility Analysis shall include the following parameters: 21
(A) Acidity; 22
(B) Base Saturation (by calculation); 23
(C) Calcium; 24
(D) Cation Exchange Capacity; 25
(E) Copper; 26
(F) Exchangeable Sodium Percentage (by calculation); 27
(G) Magnesium; 28
(H) Manganese; 29
(I) Percent Humic Matter; 30
(J) pH; 31
(K) Phosphorus; 32
(L) Potassium; 33
(M) Sodium; and 34
(N) Zinc; 35
(2) The inventory of commercial agricultural operations using reclaimed water to irrigate food chain 36
crops required in Subparagraph (d)(7) of this Rule; and 37
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(3) For irrigation sites not owned by the Permittee, permittee, a notarized land owner agreement 1
pursuant to Paragraph (d) of this Rule. 2
(f) Reclaimed water facilities providing reclaimed water for the irrigation of food chain crops shall meet the criteria 3
below: 4
(1) Crops irrigated by direct contact with reclaimed water shall not be harvested within 24 hours of 5
irrigation with reclaimed water; 6
(2) Notification at the utilization site shall be provided by the Permittee permittee or its representative 7
to inform the public of the use of reclaimed water (Non Potable Water) and that the reclaimed water 8
is not intended for drinking; 9
(3) The reclaimed water generator shall develop and maintain a record keeping program for distribution 10
of reclaimed water; 11
(4) The Permittee permittee shall develop and maintain an education program for users of reclaimed 12
water for irrigation to food chain crops; 13
(5) The reclaimed water generator shall provide all landowners receiving reclaimed water for irrigation 14
of food chain crops a summary of all reclaimed water system performance as required in G.S. 143-15
215.1C; 16
(6) The reclaimed water generator shall develop and maintain a routine review and inspection program 17
for all irrigation to food chain crop systems; and 18
(7) The Permittee permittee shall maintain an inventory of commercial agricultural operations using 19
reclaimed water to irrigate food chain crops for each year of operation. The inventory shall be 20
maintained for five years. The inventory of food chain crop irrigation shall include the following: 21
(A) name of the agricultural operation; 22
(B) name and telephone number of the owner or operator of the agricultural operation; 23
(C) address of the agricultural operation; 24
(D) food chain crops irrigated with reclaimed water; 25
(E) type of application (e.g., irrigation) method used; and 26
(F) approximate irrigation area where under irrigation on which food chain crops are grown. 27
28
History Note: Authority G.S. 143-215.1; 143-215.3(a); S.L. 2006-250; 29
Eff. June 18, 2011.2011. 30
Readopted Eff. September 1, 2018. 31
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PART V – ATTACHMENTS AND SUPPORTING DOCUMENTATION
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