subchapter 02t – waste not discharged to surface waters
section .0100 – general requirements
15A NCAC 02T .0101 PURPOSE
The rules in this Subchapter set forth the requirements and
procedures for application and issuance of permits for the following systems
which do not discharge to surface waters of the state:
(1) sewer systems;
(2) disposal systems;
(3) treatment works;
(4) residual and residue disposal/utilization systems;
(5) animal waste management systems;
(6) treatment of contaminated soils; and
(7) stormwater management systems pursuant to 15A NCAC
2H .1000.
History Note: Authority G.S. 143‑215.1; 143‑215.3(a)(1);
Eff. September 1, 2006.
15A NCAC 02T .0102 SCOPE
The rules in this Subchapter apply to all persons proposing
to construct, alter, extend, or operate any sewer system, treatment works,
disposal system, contaminates soil treatment system, animal waste management
system, stormwater management system or residual disposal/utilization system
which does not discharge to surface waters of the state, including systems
which discharge waste onto or below land surface. However, these Rules do not
apply to sanitary sewage systems or solid waste management facilities which are
permitted under the authority of the Commission for Public Health. The
provisions for stormwater management systems can be found in 15A NCAC 02H
.1000. The rules in this Section are general requirements that apply to all
program rules (found in individual sections) in this Subchapter.
History Note: Authority G.S. 130A‑335; 143‑215.1;
143‑215.3(a)(1);
Eff. September 1, 2006.
15A NCAC 02T .0103 DEFINITIONS
The terms used in this Subchapter shall be as defined in
G.S. 143-212 and 143‑213 except as provided in this Rule and in
definitions provided in program specific rules in this Subchapter and as
follows:
(1) "Agronomic rate" is defined as the amount
of waste and other materials applied 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.
(2) "Animal waste" means livestock or poultry
excreta or a mixture of excreta with feed, bedding, litter or other materials
generated at a feedlot.
(3) "Bedrock" is as defined in 15A NCAC 02L
.0102.
(4) "Buffer" means a natural or vegetated
area as defined in 15A NCAC 02B .0202.
(5) "CFR" means Code of Federal Regulations.
All CFRs cited herein may be obtained at Government Institutes, Inc., 4
Research Place, Suite 200, Rockville, Md, 20850-1714 for a cost of thirty-six
dollars ($36.00) each plus four dollars ($4.00) shipping and handling or at http://www.gpoaccess.gov/cfr/. Copies are also available for
review at 512 North Salisbury Street, Raleigh, North Carolina 27604.
(6) "Commission" as defined in G.S. 143-212
or their delegate.
(7) "Compliance boundary" is as defined in
15A NCAC 02L .0102.
(8) "Deemed permitted" means that a facility
is considered as having a needed permit and being compliant with the permitting
requirements of G.S. 143‑215.1(a) even though it has not received an
individual permit for its construction or operation.
(9) "Department" as defined in G.S. 143-212.
(10) "Director" means the Director of the
Division or its delegate.
(11) "Division" means the Division of Water
Quality in the Department. All rules cited in this Section under the authority
of the Division may be obtained at 512 North Salisbury Street, Raleigh, North Carolina 27604 or at the Division's web page at www.ncwaterquality.org
at no charge.
(12) "Effluent" means wastewater discharged
following all treatment processes from a water pollution control facility or
other point source whether treated or untreated.
(13) "Engineer" is an individual who is
currently licensed by the North Carolina Board of Examiners For Engineers and
Land Surveyors or authorized to practice under G.S. 89C as an engineer.
(14) "EPA" means the United States
Environmental Protection Agency.
(15) "Ephemeral (stormwater) stream" means a
stream as defined in 15A NCAC 02B .0233.
(16) "Essential treatment unit" means any unit
associated with the wastewater treatment process whose loss would likely render
the facility incapable of meeting the required performance criteria including
aeration units or other main treatment units, clarification equipment, filters,
disinfection equipment, pumps and blowers.
(17) "General Permit" means a permit issued
under G.S. 143‑215.1(b)(3), 143-215.1(b)(4) or 143-215.10C.
(18) "Groundwaters" means those waters in the
saturated zone of the earth as defined in 15A NCAC 02L .0102.
(19) "Groundwater standards" means groundwater
standards as established in 15A NCAC 02L .0200.
(20) "Industrial wastewater" means all
wastewater other than sewage or animal waste and includes:
(a) wastewater resulting from any process of
industry or manufacture, or from the development of any natural resource;
(b) wastewater resulting from processes of trade
or business, including wastewater from laundromats and vehicle/equipment
washes, but not wastewater from restaurants;
(c) stormwater that is contaminated with an
industrial wastewater;
(d) any combination of sewage and industrial
wastewater;
(e) municipal wastewater unless it can be
demonstrated to the satisfaction of the Division that the wastewater contains
no industrial wastewater;
(f) contaminated groundwater extracted as part
of an approved groundwater remediation system approved by the Division in
accordance with 15A NCAC 02L .0100.
(21) "Intermittent stream" means a stream as
defined in 15A NCAC 02B .0233.
(22) "NPDES" means National Pollutant Discharge
Elimination System.
(23) "Perennial stream" means a stream as
defined in 15A NCAC 02B .0233.
(24) "Perennial waterbody" means a waterbody as
defined in 15A NCAC 02B .0233.
(25) "Pollutant" means waste as defined in G.S.
143‑213.
(26) "Potable waters" means water as defined in
15A NCAC 02L .0102.
(27) "Private well" means any potable or
irrigation well not directly controlled by a public authority or a public
utility authorized by the North Carolina Public Utilities Commission. This may
include a private individual or community well as defined in the public water
supply rules contained in 15A NCAC 18C.
(28) "Professional engineer" means a person who
is presently registered and licensed as a professional engineer by the North
Carolina Board of Examiners For Engineers and Land Surveyors.
(29) "Public or community sewage system" means
a single system of sewage collection, treatment, or disposal owned and operated
by a sanitary district, a metropolitan sewage district, a water and sewer
authority, a county, a municipality or a public utility authorized to operate
by the North Carolina Utilities Commission.
(30) "Residuals" means any solid, semisolid, or
liquid waste, other than effluent or residues from agricultural products and
processing, generated from a wastewater treatment facility, water supply
treatment facility or air pollution control facility permitted under the
authority of the Commission.
(31) "Residues from agricultural products and
processing" means solids, semi‑solids or liquid residues from food
and beverage processing and handling; silviculture; agriculture; and
aquaculture operations permitted under the authority of the Commission that are
non‑toxic, non‑hazardous and contain no domestic wastewater.
(32) "Restrictive horizon" is the layer in a
soil profile that is capable of reducing the downward water movement to the
minimum rate, as evidenced by lowest saturated hydraulic conductivity among all
the soil layers. Restrictive horizon is often capable of perching ground water
or wastewater effluent and is characterized by accumulation of finer soil
particles (such as aluminum, clay, iron, silica, organic matter, or other
compounds) or compaction due to heavy equipments.
(33) "Review boundary" is as defined in 15A
NCAC 02L .0102.
(34) "Seasonal High Water Table" or
"SHWT" is the highest level to which the soil is saturated, as may be
determined through the identification of redoximorphic features in the soil profile
including low chroma mottling. This does not include temporary perched
conditions. Alternatively, the SHWT can also be determined from water level
measurements or via soil/groundwater modeling.
(35) "Secretary" as defined in G.S. 143-212 or
its delegate.
(36) "Setback" means the minimum separation in
linear feet, measured on a horizontal plane, required between a treatment works,
disposal system, or utilization system and physical features such as building,
roads, property lines, or water bodies.
(37) "Sewage" means the liquid and solid human
waste, and liquid waste generated by domestic water‑using fixtures and
appliances, from any residence, place of business, or place of public
assembly. Sewage does not include wastewater that is totally or partially
industrial wastewater, or any other wastewater not considered to be domestic
waste.
(38) "Soil scientist" means an individual who
is currently licensed or authorized to practice soil science under G.S. 89F by
the North Carolina Board for Licensing of Soil Scientists.
(39) "Staff" means the staff of the Division.
(40) "Surface waters" means all waters as
defined in G.S. 143‑212 except underground waters.
(41) "Surface water standards" means surface
water standards as established in 15A NCAC 02B .0200.
(42) "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.
(43) "Toxicity test" means a test for toxicity
conducted using the procedures contained in 40 CFR 261, Appendix II which is
hereby incorporated by reference including any subsequent amendments and
editions.
(44) "Treatment works or disposal system which does
not discharge to surface waters" means any treatment works, facility,
utilization system, or disposal system which is designed to:
(a) operate as closed system with no discharge
to waters of the state, or
(b) dispose/utilize of wastes, including
residuals, residues, contaminated soils and animal waste, to the surface of the
land, or
(c) dispose of wastes through a subsurface disposal
system pursuant to G.S. 143-215.1(b)(4).
(45) "Waste oil" means any used nonhazardous
petroleum product other than crankcase oil. Crankcase oil mixed with other
used nonhazardous petroleum products shall be considered as waste oil.
(46) "Wetlands" are "waters" as
defined in G.S. 143-212 and are areas that are inundated or saturated by an
accumulation of surface or ground water as defined in 15A NCAC 02B .0202.
History Note: Authority G.S. 130A‑335; 143‑213;
143‑215.3(a)(1);
Eff. September 1, 2006.
15A NCAC 02T .0104 ACTIVITIES WHICH REQUIRE A PERMIT
No person shall do any of the things or carry out any of the
activities contained in G.S. 143‑215.1(a) until or unless the person
shall have applied for and received a permit from the Division (or if
appropriate a local program approved by the Division pursuant to this
Subchapter) and shall have complied with the conditions prescribed in the
permit or is deemed permitted by rules in this Subchapter.
History Note: Authority G.S. 130A‑335; 143‑215.1;
143‑215.3(a)(1);
Eff. September 1, 2006.
15A NCAC 02T .0105 GENERAL REQUIREMENTS
(a) Jurisdiction. Applications for permits from the
Division shall be made in accordance with this Rule. Applications for permits
under the jurisdiction of a local program shall be made in accordance with the requirements
of the Division approved program.
(b) Applications. Application for a permit must be made on
Division forms completely filled out, where applicable, and fully executed in
the manner set forth in Rule .0106 of this Section. A processing fee as
described in G.S. 143-215.3D must be submitted with each application in the
form of a check or money order made payable to the Department. Applications
shall be returned if incomplete. Sewer line extensions shall be applied for
separately from treatment, utilization, and disposal systems. The applicant
shall provide adequate documentation to the Division to ensure that the
proposed system will meet all design and performance criteria as required under
this Subchapter and other applicable rules, be operated as a non-discharge
system, and protect surface water and groundwater standards. Variances to this
Subchapter or adopted design criteria must be specifically requested in the
application and, if approved pursuant to Paragraph (n) of this Rule, incorporated
into the permit. The Division may accept certification from a licensed or
certified professional (e.g. Professional Engineers, Licensed Soil Scientist,
Licensed Geologist, Technical Specialist) that the design meets or exceeds
minimum design criteria applicable to the project. Division acceptance of
certifications by the applicant or by licensed or certified professionals
preparing reports for the application shall not constitute approval of a
variance to this Subchapter or applicable minimum design and performance
criteria unless specifically requested in the application and approved in the
permit.
(c) Application packages for new and expanding facilities
shall include the following items:
(1) The number of executed copies shall include
the number necessary for each review office and one additional copy.
Additional copies shall be required if needed for federal and state grant and
loan projects.
(2) Reports, engineering plans, specifications,
and calculations as required by the applicable rules of this Subchapter. If
prepared by licensed or certified professionals these reports shall be
submitted in accordance with the respective statutes and rules governing that
profession.
(3) Operational agreements as required by Rule
.0115 of this Section.
(4) For projects that require environmental
documentation pursuant to the North Carolina Environmental Policy Act, a final
environmental document (Finding of No Significant Impact or Record of
Decision).
(5) A general scaled location map, showing
orientation of the facility with reference to at least two geographic
references (e.g. numbered roads, named streams/rivers).
(6) Documentation that other directly related
(i.e. needed to properly construct and operate the facilities permitted under
this Subchapter) environmental permit or certification applications are being
prepared, have been applied for, or have been obtained (e.g. 401
certifications, erosion and sedimentation control plans, stormwater management
plans). The Division shall consider the application incomplete or issue the
permit contingent on issuance of the dependent permits if issuance of other
permits or certifications impact the system permitted under this Subchapter.
(7) A description of the project including the
origin, type and flow of waste to be treated. For industrial processing
facilities, a waste analysis extensive enough to allow a complete evaluation of
the system's capability to treat the waste and any potential impacts on the
waters of the state shall be included.
(8) Documentation of compliance with Article 21
Part 6 (Floodway Regulations) of Chapter 143 of the General Statutes.
(9) Documentation as required by other
applicable rule(s) in this Subchapter.
(10) Documentation of the presence or absence of
threatened or endangered aquatic species utilizing information provided by the
Natural Heritage Program of the Department. This shall only apply to the area
whose boundary is encompassed by and for the purpose of installation,
operation, and maintenance of facilities permitted herein (wastewater
collection, treatment, storage, utilization, or disposal). This documentation
shall provide information on the need for permit conditions pursuant to
Paragraph (i) of this Rule. The Natural Heritage Program can be contacted at
http://www.ncnhp.org or write to Natural Heritage Program, 1601 Mail Service Center, Raleigh, NC 27699-1601.
(d) Application packages for renewals shall include updated
site plans (if required as part of original submittal).
(e) Application and annual Fees.
(1) Application Fee. For every application for
a new or major modification of a permit under this Section, a nonrefundable
application processing fee in the amount provided in G.S. 143-215.3D shall be
submitted to the Division by the applicant at the time of application. For a
facility with multiple treatment units under a single permit, the application
fee shall be set by the total design treatment capacity. Modification fees
shall be based on the projected annual fee for the facility.
(2) Annual Fees. An annual fee for
administering and compliance monitoring shall be charged in each year of the
term of every renewable permit according to the schedule in G.S. 143-215.3D(a).
Annual fees must be paid for any facility operating on an expired permit that has
not been rescinded or revoked by the Division. Permittees shall be billed
annually by the Division. A change in the facility which changes the annual
fee shall result in the revised annual fee being billed effective with the next
anniversary date.
(3) Failure to pay an annual fee within 30 days
after being billed shall be cause for the Division to revoke the permit.
(f) Designs for facilities permitted under this Section
shall use the practicable waste treatment and disposal alternative with the
least adverse impact on the environment in accordance with G.S.
143-215.1(b)(2).
(g) In order to protect Publicly Owned Treatment Works, the
Division shall incorporate pretreatment requirements under 15A NCAC 2H .0900
into the permit.
(h) Setbacks and required separation distances shall be
provided as required by individual rules in this Subchapter. Setbacks to
streams (perennial and intermittent), perennial waterbodies, and wetlands shall
be determined using the methodology set forth in 15A NCAC 02B .0233(4)(a).
Setbacks to wells are for those wells outside the compliance boundary. Where
wells would otherwise be inside the compliance boundary as established in 15A
NCAC 02L .0107, the applicant may request the compliance boundary be
established closer to the waste disposal area and this shall be granted
provided the groundwater standards can be met at the newly established
compliance boundary.
(i) Permits may provide specific conditions to address the
protection of threatened or endangered aquatic species as provided in plans
developed pursuant in 15A NCAC 02B .0110 if the construction and operation of
the facility directly impacts such species.
(j) The permittee shall keep permits active 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.
(k) Monitoring of waste and surface waters shall be in
accordance with 15A NCAC 02B .0505 except as otherwise provided by specific
rules in this Subchapter.
(l) Reporting shall be in accordance with 15A NCAC 02B
.0506 except as otherwise provided by specific rules in this Subchapter.
(m) Monitoring of groundwater shall be in accordance with
Sections 15A NCAC 02L .0100 and 15A NCAC 02C .0100 except as otherwise provided
by specific rules in this Subchapter.
(n) The Director shall approve alternative Design Criteria
in cases where the applicant can demonstrate that the alternative design
criteria will provide the following:
(1) equal or better treatment of the waste;
(2) equal or better protection of the waters of
the state; and
(3) no increased potential for nuisance
conditions from noise, odor or vermin.
History Note: Authority G.S. 143‑215.1; 143‑215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0106 SUBMISSION OF PERMIT APPLICATIONS
(a) Permit applications, supporting information, and
processing fee for permits issued by the Division shall be filed with the
Division. Applications for permits from a Division approved local permitting
program shall be submitted directly to the local program director. Division
permit processing fees are not required for permits issued by delegated local
permitting programs.
(b) Permit applications shall be signed as follows:
(1) in the case of corporations, by a principal
executive officer of at least the level of vice‑president, or his
authorized representative;
(2) in the case of a partnership or a limited
partnership, by a general partner;
(3) in the case of a sole proprietorship, by
the proprietor;
(4) in the case of a municipal, state, or other
public entity by either an executive officer, elected official in the highest
level of elected office, or other authorized employee.
(c) Delegation of other authorized employees or any
employee in a specific position (i.e. signing officials) shall be provided in
letter format to the Division signed by an authorized person pursuant to Paragraph
(b) of this Rule. The delegation may be for a specific permit application or
more general for certain or all types of water quality permits. The letter
shall identify the extent of delegation.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.1;
Eff. September 1, 2006.
15A NCAC 02T .0107 STAFF REVIEW AND PERMIT PREPARATION
(a) The staff of the Division shall conduct a review of
plans, specifications and other project data accompanying the application and
shall determine if the application and required information are complete. The
staff shall acknowledge receipt of a complete application except for fast-track
sewer applications. The local government unit or units having jurisdiction
over specific residential projects shall be notified of permit applications in
accordance with G.S. 143‑215.1(d1).
(b) If the application is not complete with all required
information and application fee, the application shall be returned to the
applicant. The staff shall advise the applicant by mail:
(1) how the application or accompanying
supporting information may be modified to make it acceptable or complete;
(2) that the 90 day processing period required
in G.S. 143‑215.1 and Rule .0108 of this Section begins upon receipt of
corrected or complete application with required supporting information.
(c) Pursuant to G.S. 143‑215.67(a), the staff of the
Division shall determine for sewer system construction or sewer system
extensions, whether the treatment works or the sewer system to which the
proposed system will discharge is adequate to receive waste which will be
discharged from the proposed system.
(d) For new and expanding treatment works and disposal
systems, the staff shall make a site‑specific evaluation to determine the
potential impacts of the proposed project on surface and ground water quality.
The applicant must make the site accessible to the Division.
(e) If an application is accepted and later found to be
incomplete, the applicant shall be advised how the application or accompanying
supporting information may be modified to make it acceptable or complete. The
staff shall advise the applicant by mail:
(1) that the 90 day processing period required
in G.S. 143-215.1(d) and Rule .0108 of this Section begins on the date the
additional information is received;
(2) that if all required information is not
submitted within 30 days, the project will be returned as incomplete. Any
resubmittal of a returned application must be accompanied with a new
application fee.
History Note: Authority G.S. 143‑215.1(b); 143‑215.1(d);
143‑215.3(a)(1); 143‑215.3(a)(4);
Eff. September 1, 2006.
15A NCAC 02T .0108 FINAL ACTION ON PERMIT APPLICATIONS TO
THE DIVISION
(a) The Director shall take final action on all
applications not later than 90 days following receipt of a complete application
and with required information. All permits or renewals of permits and
decisions denying permits or renewals shall be in writing.
(b) The Director may:
(1) issue a permit containing such conditions
as are necessary to effectuate the purposes of Article 21, Chapter 143 of the
General Statutes;
(2) issue a permit containing time schedules
for achieving compliance with applicable effluent standards and limitations, surface
water or groundwater standards and other legally applicable requirements;
(3) deny a permit application where necessary
to effectuate:
(A) the purposes of Article 21, Chapter 143;
(B) the purposes of G.S. 143‑215.67(a);
(C) rules on coastal waste treatment, disposal, found in
Section 15A NCAC 02H .0400;
(D) rules on groundwater quality standards found in
Subchapter 02L of this Chapter.
(4) hold public meetings when necessary to
obtain additional information needed to complete the review of the
application. The application shall be considered as incomplete until the close
of the meeting record.
(c) The Division may require any monitoring and reporting
requirements, including groundwater, surface water or wetlands, waste,
wastewater, sludge, soil, treatment process, lagoon/storage pond, and plant
tissue, necessary to determine the source, quantity and quality of the waste
and its effect upon the surface water, ground waters or wetlands. All reports
must be submitted on Division supplied forms or forms approved by the Division
as providing the same information as required by the Division's forms.
(d) If a permit is denied, the letter of denial shall state
the reason(s) for denial and any reasonable measures which the applicant may
take to make the application approvable.
(e) All permits requiring an annual fee shall be issued for
a time period not to exceed five years.
History Note: Authority G.S. 143‑215.1(a); 143‑215.1(b);
143‑215.1(d); 143‑215.3(a)(1);
Eff. September 1, 2006.
15A NCAC 02T .0109 PERMIT RENEWALS
Requests for permit renewals shall be submitted to the
Director at least 180 days prior to expiration unless the permit has been
revoked by the Director in accordance with Rule .0110 of this Section or a
request has been made to rescind the permit. Renewal requests shall be made in
accordance with Rule .0105 and Rule .0106 of this Section.
History Note: Authority G.S. 143‑215.3(a)(1);
Eff. September 1, 2006.
15A NCAC 02T .0110 MODIFICATION AND REVOCATION OF PERMITS
Any permit issued by the Division pursuant to this
Subchapter is subject to revocation, or modification upon 60 days notice by the
Director in whole or part for:
(1) violation of any terms or conditions of the permit;
(2) obtaining a permit by misrepresentation or failure
to disclose fully all relevant facts;
(3) refusal of the permittee to allow authorized
employees of the Department upon presentation of credentials:
(a) to enter upon permittee's premises on which
a system is located in which any records are required to be kept under terms
and conditions of the permit;
(b) to have access to any documents and records
required to be kept under terms and conditions of the permit;
(c) to inspect any monitoring equipment or
method required in the permit; or
(d) to sample any pollutants.
(4) failure to pay the annual fee for administering and
compliance monitoring.
History Note: Authority G.S. 143‑215.1(b)(2.); 143‑215.3(a)(1);
Eff. September 1, 2006.
15A NCAC 02T .0111 CONDITIONS FOR ISSUING GENERAL PERMITS
(a) In accordance with the provisions of G.S. 143-215.1(b),
(c) and (d), general permits may be developed by the Division and issued by the
Director for categories of activities covered by this Subchapter. General
permits may be written for categories of activities that involve the same or
substantially similar operations, have similar treated waste characteristics,
require the same limitations or operating conditions, and require the same or
similar monitoring. After issuance of a general permit by the Director,
persons operating facilities described by the general permit may request
coverage under it, and the Director or his designee may grant appropriate
certification. All individual operations which receive a "Certificate of
Coverage" under a general permit are permitted under the specific general
permit for which the coverage was issued. A Certificate of Coverage shall mean
that approval is given to facilities that meet the requirements of coverage
under the general permit. Persons operating facilities covered under general
permits developed in accordance with this Rule shall be subject to the same
limits, conditions, management practices, enforcement authorities, and rights
and privileges as specified in the general permit.
(b) Upon development of a draft general permit, the
Director shall publicly notice under G.S. 143-215.4 (b)(1) and (2), at least 30
days prior to final action, an intent to issue the general permit. A one time
publication of the notice in a newspaper having general circulation in the
geographic areas affected by the proposed permit shall be required. The notice
shall provide the name, address and phone number of the Division, a brief
description of the intended action, and a brief description of the procedures
for the formulation of final determinations, including a 30-day comment period
and other means by which interested persons may comment upon the
determinations.
(c) No provisions in any general permit issued under this
Rule shall be interpreted as allowing the permittee to violate state surface
water standards, groundwater standards outside a Compliance Boundary
established in accordance with 15A NCAC 02L .0107, or other applicable
environmental Rules. Construction of new water supply wells for human
consumption shall be prohibited within Compliance Boundaries for facilities
covered under general permits issued under this Section. General permits issued
pursuant to this Rule shall be considered individual permits for purposes of
Compliance Boundaries established under 15A NCAC 02L .0107.
(d) To obtain an individual Certificate of Coverage, a
Notice of Intent to be covered by the general permit must be given by the applicant
to the Division using forms provided by the Division. Coverage under the
general permit shall be granted unless the Director makes a determination under
Paragraph (h) of this Rule that an individual permit is required. If all
requirements are not met, an individual permit application and full application
review procedure shall be required.
(e) General permits shall be effective for a term not to
exceed five years at the end of which the Division may renew them. The
Division shall satisfy public notice requirements specified in Paragraph (b) of
this Rule prior to renewal of general permits. If the Division does not renew
a general permit, all operations covered under that general permit shall be
notified to submit applications for individual permits.
(f) Anyone engaged in activities covered by the general
permit rules but not permitted in accordance with this Subchapter shall be in
violation of G.S. 143-215.1.
(g) Any individual covered or considering coverage under a
general permit may choose to pursue an individual permit for any operation
covered by this Rule.
(h) The Director may require any person, otherwise eligible
for coverage under a general permit, to apply for an individual permit by
notifying that person that an application is required. Notification shall
consist of a written description of the reason(s) for the decision, appropriate
permit application forms and application instructions, a statement establishing
the required date for submission of the application, and a statement informing
the person that coverage by the general permit shall automatically terminate
upon issuance of the individual permit. Reasons for requiring application for
an individual permit include:
(1) the operation is a significant contributor
of pollutants to the waters of the state;
(2) conditions at the permitted site change,
altering the constituents or characteristics of the wastewater such that the
operation no longer qualifies for coverage under a general permit;
(3) noncompliance with the general permit;
(4) noncompliance with the Commission rules in
this Chapter;
(5) a change has occurred in the availability
of demonstrated technology or practices for the control or abatement of
pollutants applicable to the operation;
(6) a determination by the Division that there
has been or is the potential to have a direct discharge of wastewater, sludge
or residuals to waters of the state;
(7) the system has been allowed to deteriorate
or leak such that it poses an immediate threat to the environment.
(i) General permits or individual Certificate of Coverages
may be modified, terminated, or revoked and reissued in accordance with the
authority and requirements of rules of this Subchapter.
History Note: Authority G.S. 143-215.1;
143-215.3(a)(1); 143-215.10C;
Eff. September 1, 2006.
15A NCAC 02T .0112 DELEGATION OF AUTHORITY
For permits issued by the Division, the Director is
authorized to delegate any or all of the functions contained in the rules of
this Subchapter except the following:
(1) denial of a permit application;
(2) revocation of a permit not requested by the
permittee;
(3) modification of a permit not requested by the
permittee.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.3(a)(4);
Eff. September 1, 2006.
15A NCAC 02T .0113 PERMITTING BY REGULATION
(a) The following disposal systems as well as those in
Permitting By Regulation rules in this Subchapter (i.e., Rules .0203, .0303,
.0403, .1003, .1103, .1203, .1303, .1403, and .1503) are deemed to be permitted
pursuant to G.S. 143-215.1(b) and it shall not be necessary for the Division to
issue individual permits or coverage under a general permit for construction or
operation of the following disposal systems provided the system does not result
in any violations of surface water or groundwater standards, there is no direct
discharge to surface waters, and all criteria required for the specific system
is met:
(1) Swimming pool and spa filter backwash and
drainage, filter backwash from aesthetic fountains, and filter backwash from
commercial or residential water features such as garden ponds or fish ponds,
that is discharged to the land surface;
(2) Backwash from raw water intake screening
devices that is discharged to the land surface;
(3) Condensate from residential or commercial
air conditioning units that is discharged to the land surface;
(4) Discharges to the land surface from
individual non-commercial car washing operations;
(5) Discharges to the land surface from
flushing and hydrostatic testing water associated with utility distribution
systems, new sewer extensions, or new reclaimed water distribution lines;
(6) Street wash water that is discharged to the
land surface;
(7) Discharges to the land surface from 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
minimize overall environmental damage due to an oil spill;
(9) Discharges to the land surface associated
with biological or chemical decontamination activities performed as a result of
an emergency declared by the Governor or the Director of the Division of Emergency
Management and that are conducted by or under the direct supervision of the
federal or state on-scene coordinator and that meet the following criteria:
(A) the volume produced by the decontamination activity
is too large to be contained onsite;
(B) the Division is informed prior to commencement of
the decontamination activity; and
(C) the wastewater is not radiologically contaminated or
classified as hazardous waste;
(10) Drilling muds, cuttings, and well water from
the development of wells or from other construction activities including
directional boring, except such wastes generated in the construction and
development of oil and gas wells regulated by Article 27 of G.S. 113;
(11) Purge water from groundwater monitoring
wells;
(12) Composting facilities for dead 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;
(13) Overflow from elevated potable water storage
facilities;
(14) Mobile carwashes if:
(A) all detergents used are biodegradable;
(B) no steam cleaning, engine cleaning, or parts
cleaning is being conducted;
(C) notification is made prior to operation by the owner
to the municipality, or if not in a municipality, then the county where the
cleaning service is being provided; and
(D) all non-recyclable washwater is collected and
discharged into a sanitary sewer or wastewater treatment facility upon approval
of the facility's owner;
(15) Mine tailings where no chemicals are used in
the mining process;
(16) Mine dewatering where no chemicals are used
in the mining process; and
(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.
(b) Nothing in this Rule shall be deemed to allow the
violation of any assigned surface water, groundwater, or air quality standards,
and in addition any such violation shall be considered a violation of a
condition of a permit. Further, nothing in this Rule shall be deemed to apply
to or permit disposal systems for which a state National
Pollutant Discharge Elimination System permit is otherwise required.
(c) Any violation of this Rule or discharge to surface
waters from the disposal systems listed in Paragraph (a) of this Rule or the
activities listed in other Permitted By Regulation rules in this Subchapter
shall be reported in accordance with 15A NCAC 02B .0506.
(d) Disposal systems deemed permitted under this Subchapter
shall remain deemed permitted, notwithstanding any violations of surface water
or groundwater standards or violations of this Rule or other Permitted By
Regulation rules in this Subchapter, until such time as the Director determines
that they shall not be deemed permitted in accordance with the criteria
established in this Rule.
(e) The Director may determine that a disposal system
should not be deemed to be permitted in accordance with this Rule or other
Permitted By Regulation rules in this Subchapter and require the disposal
system to obtain an individual permit or a certificate of coverage under a
general permit. This determination shall be made based on existing or
projected environmental impacts, compliance with the provisions of this Rule or
other Permitted By Regulation rules in this Subchapter, and the compliance
history of the facility owner.
History Note: Authority G.S. 130A-300; 143-215.1(a);
143-215.1(b)(4)(e); 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. March 19, 2015; June 18, 2011.
15A NCAC 02T .0114 WASTEWATER DESIGN FLOW RATES
(a) This Rule shall be used to determine wastewater flow
rates for all systems covered by this Subchapter unless alternate criteria are
provided by a program specific rule and for flow used for the purposes of 15A
NCAC 02H .0105. These are minimum design daily flow rates for normal use and
occupancy situations. Higher flow rates may be required where usage and
occupancy are atypical, including, those in Paragraph (e) of this Rule.
Wastewater flow calculations must take hours of operation and anticipated
maximum occupancies/usage into account when calculating peak flows for design.
(b) In determining the volume of sewage from dwelling
units, the flow rate shall be 120 gallons per day per bedroom. The minimum
volume of sewage from each dwelling unit shall be 240 gallons per day and each
additional bedroom above two bedrooms shall increase the volume by 120 gallons
per day. Each bedroom or any other room or addition that can reasonably be
expected to function as a bedroom shall be considered a bedroom for design
purposes. When the occupancy of a dwelling unit exceeds two persons per
bedroom, the volume of sewage shall be determined by the maximum occupancy at a
rate of 60 gallons per person per day.
(c) The following table shall be used to determine the
minimum allowable design daily flow of wastewater facilities. Design flow
rates for establishments not identified below shall be determined using
available flow data, water‑using fixtures, occupancy or operation
patterns, and other measured data.
Type of Establishments Daily
Flow For Design
Barber
and beauty shops
Barber Shops 50
gal/chair
Beauty Shops 125
gal/booth or bowl
Businesses,
offices and factories
General
business and office facilities 25
gal/employee/shift
Factories,
excluding industrial waste 25
gal/employee/shift
Factories
or businesses with showers or food preparation 35
gal/employee/shift
Warehouse 100
gal/loading bay
Warehouse
– self storage (not including caretaker residence) 1
gal/unit
Churches
Churches
without kitchens, day care or camps 3
gal/seat
Churches
with kitchen 5
gal/seat
Churches
providing day care or camps 25
gal/person (child & employee)
Fire,
rescue and emergency response facilities
Fire
or rescue stations without on site staff 25
gal/person
Fire
or rescue stations with on-site staff 50
gal/person/shift
Food
and drink facilities
Banquet,
dining hall 30
gal/seat
Bars,
cocktail lounges 20
gal/seat
Caterers 50
gal/100 sq ft floor space
Restaurant,
full Service 40
gal/seat
Restaurant,
single service articles 20
gal/seat
Restaurant,
drive-in 50
gal/car space
Restaurant, carry out only 50
gal/100 sq ft floor space
Institutions, dining halls 5
gal/meal
Deli 40
gal/100 sq ft floor space
Bakery 10
gal/100 sq ft floor space
Meat department, butcher shop
or fish market 75 gal/100 sq ft
floor space
Specialty food stand or kiosk 50
gal/100 sq ft floor space
Hotels and Motels
Hotels,
motels and bed & breakfast facilities,
without
in-room cooking facilities 120
gal/room
Hotels
and motels, with in-room cooking facilities 175
gal/room
Resort
hotels 200
gal/room
Cottages,
cabins 200
gal/unit
Self
service laundry facilities 500
gal/machine
Medical, dental, veterinary
facilities
Medical
or dental offices 250
gal/practitioner/shift
Veterinary
offices (not including boarding) 250
gal/practitioner/shift
Veterinary hospitals,
kennels, animal boarding facilities 20 gal/pen, cage,
kennel or stall
Hospitals,
medical 300
gal/bed
Hospitals,
mental 150
gal/bed
Convalescent,
nursing, rest homes without laundry facilities 60 gal/bed
Convalescent,
nursing, rest homes with laundry facilities 120
gal/bed
Residential
care facilities 60
gal/person
Parks,
recreation, camp grounds, R-V parks and other outdoor activity facilities
Campgrounds
with comfort station, without
water or sewer hookups 75
gal/campsite
Campgrounds
with water and sewer hookups 100
gal/campsite
Campground
dump station facility 50
gal/space
Construction,
hunting or work camps with flush toilets 60
gal/person
Construction,
hunting or work camps with chemical or
portable toilets 40
gal/person
Parks
with restroom facilities 250
gal/plumbing fixture
Summer
camps without food preparation or laundry facilities 30
gal/person
Summer
camps with food preparation and laundry facilities 60
gal/person
Swimming
pools, bathhouses and spas 10
gal/person
Public access restrooms 325
gal/plumbing fixture
Schools, preschools and day care
Day care and preschool
facilities 25
gal/person (child & employee)
Schools with cafeteria, gym
and showers 15
gal/student
Schools with cafeteria 12
gal/student
Schools without cafeteria,
gym or showers 10
gal/student
Boarding schools 60
gal/person (student & employee)
Service
stations, car wash facilities
Service
stations, gas stations 250
gal/plumbing fixture
Car
wash facilities (if recycling water see Rule .0235) 1200
gal/bay
Sports
centers
Bowling
center 50
gal/lane
Fitness,
exercise, karate or dance center 50
gal/100 sq ft
Tennis,
racquet ball 50
gal/court
Gymnasium 50
gal/100 sq ft
Golf
course with only minimal food service 250
gal/plumbing fixture
Country
clubs 60
gal/member or patron
Mini
golf, putt-putt 250
gal/plumbing fixture
Go-kart,
motocross 250
gal/plumbing fixture
Batting
cages, driving ranges 250
gal/plumbing fixture
Marinas without bathhouse 10
gal/slip
Marinas with bathhouse 30
gal/slip
Video
game arcades, pool halls 250
gal/plumbing fixture
Stadiums,
auditoriums, theaters, community centers 5
gal/seat
Stores, shopping centers, malls
and flea markets
Auto,
boat, recreational vehicle dealerships/showrooms
with restrooms 125
gal/plumbing fixture
Convenience
stores, with food preparation 60
gal/100 sq ft
Convenience stores, without
food preparation 250 gal/plumbing
fixture
Flea markets 30
gal/stall
Shopping centers and malls
with food service 130 gal/1000 sq
ft
Stores and shopping centers
without food service 100 gal/1000 sq ft
Transportation terminals – air,
bus, train, ferry, port and dock 5 gal/passenger
(d) Design daily flow rates for proposed non-residential
developments where the types of use and occupancy are not known shall be
designed for a minimum of 880 gallons per acre or the applicant shall specify
an anticipated flow based upon anticipated or potential uses.
(e) Conditions applicable to the use of the above design
daily flow rates:
(1) For restaurants, convenience stores,
service stations and public access restroom facilities, higher design daily
flow rates shall be required based on higher expected usage where use is
increased because of its proximity to highways, malls, beaches, or other
similar high use areas.
(2) Residential property on barrier islands and
similar communities located south or east of the Atlantic Intracoastal Waterway
used as vacation rental as defined in G.S. 42A-4 shall use 120 gallons per day
per habitable room. Habitable room shall mean a room or enclosed floor space
used or intended to be used for living or sleeping, excluding kitchens and
dining areas, bathrooms, shower rooms, water closet compartments, laundries,
pantries, foyers, connecting corridors, closets, and storage spaces.
(f) An adjusted daily sewage flow design rate shall be
granted for permitted but not yet tributary connections and future connections
tributary to the system upon showing that a sewage system is adequate to meet
actual daily wastewater flows from a facility included in Paragraph (b) or (c)
of this Rule without causing flow violations at the receiving wastewater
treatment plant or capacity related sanitary sewer overflows within the
collection system as follows:
(1) Documented, representative data from that
facility or a comparable facility shall be submitted by an authorized signing
official in accordance with Rule .0106 of this Section to the Division as
follows for all flow reduction request:
(A) Dates of flow meter calibrations during the time
frame evaluated and indication if any adjustments were necessary.
(B) A breakdown of the type of connections (e.g. two
bedroom units, three bedroom units) and number of customers for each month of
submitted data as applicable. Identification of any non-residential
connections including subdivision clubhouses/pools, restaurants, schools,
churches and businesses. For each non-residential connection, information as
identified in Paragraph (c) of this Rule (e.g. 200 seat church, 40 seat
restaurant, 35 person pool bathhouse).
(C) Owner of the collection system.
(D) Age of the collection system.
(E) Analysis of inflow and infiltration within the
collection system or receiving treatment plant, as applicable.
(F) Where a dedicated wastewater treatment plant serves
the specific area and is representative of the residential wastewater usage, at
least the 12 most recent consecutive monthly average wastewater flow readings
and the daily total wastewater flow readings for the highest average wastewater
flow month per customers as reported to the Division.
(G) Where daily data from a wastewater treatment plant
cannot be utilized or is not representative of the project area: at least 12
months worth of monthly average wastewater flows from the receiving treatment
plant shall be evaluated to determine the peak sewage month. Daily wastewater
flows shall then be taken from a flow meter installed at the most downstream
point of the collection area for the peak month selected that is representative
of the project area. Justification for the selected placement of the flow
meter shall also be provided.
(H) An estimated minimum design daily sewage flow rate shall
be taken by calculating the numerical average of the top three daily readings
for the highest average flow month. The calculations shall also account for
seasonal variations, excessive inflow and infiltration, age and suspected meter
reading/recording errors.
(2) The Division shall evaluate all data
submitted but shall also consider other factors in granting, with or without
adjustment, or denying a flow reduction request including: applicable weather
conditions during the data period (i.e. rainy or drought), other historical
monitoring data for the particular facility or other similar facilities
available to the Division, the general accuracy of monitoring reports and flow
meter readings, and facility usage (i.e., resort area).
(3) Flow increases shall be required if the
calculations in Subparagraph (f)(1) of this Rule yield design flows higher than
that specified in Paragraphs (b) or (c) of this Rule.
(4) The applicant/owner shall retain the letter
of any approved adjusted daily design flow rate for the life of the facility
and shall transfer such letter to any new system owner.
History Note: Authority G.S. 143‑215.1; 143‑215.3(a)(1);
Eff. September 1, 2006.
15A NCAC 02T .0115 OPERATIONAL AGREEMENTS
(a) Prior to issuance or reissuance of a permit pursuant to
this Subchapter for a wastewater facility or sewer extension as specified in
G.S. 143‑215.1(d1), a private applicant shall provide evidence with the permit
application:
(1) To show that the applicant has been
designated as a public utility by the North Carolina Utilities Commission and
is authorized to provide service to the specific project area. This may be a
Certificate of Public Convenience and Necessity or letter from the Public
Staff; or
(2) Enter into and submit an executed
Operational Agreement pursuant to G.S. 143‑215.1(d1) with the Division.
(b) Where the applicant is not a Homeowner's or Property
Owner's Association, an executed Operational Agreement must be submitted with
the permit application. A copy of the Articles of Incorporation, Declarations
and By-laws shall be submitted to the Division with the engineer's
certification as required by 15A NCAC 02T .0116 and prior to operation of the
permitted facilities.
(c) For permit applications where the applicant is a
legally formed Homeowners' or Property Owner's Association, an executed
Operational Agreement and a copy of the Articles of Incorporation, Declarations
and By-laws shall be submitted to the Division with the permit application.
(d) An Operational Agreement is required prior to donation
to a public utility or municipality unless the applicant is the respective
municipality or public utility. The Operational Agreement shall become void
upon transferring the permit to the public utility or municipality via a change
of ownership request to the Division and permit issuance into the new owner
name.
History Note: Authority G.S. 143‑215.1(d1);
Eff. September 1, 2006.
15A NCAC 02T .0116 CERTIFICATION OF COMPLETION
(a) Prior to the operation of any sewer system, treatment
works, utilization system, or disposal system for which an individual permit
has been issued in accordance with this Subchapter and the application prepared
by licensed professional, a certification must be received by the Division from
a professional certifying that the sewer system, treatment works, utilization
system, or disposal system has been installed in accordance with the rules, any
minimum design criteria except as noted, and approved plans and
specifications. The professional certification must be on official forms
completely filled out, where applicable, and submitted to the Division. For
facilities with phased construction or where there is a need to operate certain
equipment under actual operating conditions prior to certification, additional
certification may be needed as follow‑ups to the initial, pre‑operation
certification. The Division may not acknowledge receipt of engineering certifications.
The Permittee and the professional shall track the submittal of
certifications.
(b) For sewer extensions involving developer donated
projects where the developer is the original Permittee, a change of ownership
request shall be submitted to the Division on Division forms upon certifying
completion of the project.
(c) All deeds, easements and encroachment agreements
necessary for installation and operation and maintenance of the system shall be
obtained prior to operation of the system.
History Note: Authority G.S. 143‑215.1;
Eff. September 1, 2006.
15A NCAC 02T .0117 TREATMENT FACILITY OPERATION AND
MAINTENANCE
(a) For facilities permitted under this Subchapter, the
permittee must designate an Operator in Responsible Charge and a back‑up
operator as required by the Water Pollution Control System Operators
Certification Commission as established in 15A NCAC 08F .0200 and 15A NCAC 08G
.0200. Copies of this Rule are available from the Division, Archdale Building, 512 N. Salisbury Street, Raleigh, North Carolina 27604 at no charge.
(b) In order to insure the proper operation and maintenance
of facilities permitted under this Section, the Operator in Responsible Charge,
or a back‑up operator when appropriate must operate and visit the facility
as required by the Water Pollution Control System Operators Certification
Commission as established in 15A NCAC 08F .0200 and 15A NCAC 08G .0200. Copies
of this Rule are available from the Division, Archdale Building, 512 N. Salisbury Street, Raleigh, North Carolina 27604 at no charge.
History Note: Authority G.S. 143‑215.3;
Eff. September 1, 2006.
15A NCAC 02T .0118 DEMONSTRATION OF FUTURE WASTEWATER
TREATMENT CAPACITIES
In order to insure that treatment, utilization, or disposal
systems do not exceed their hydraulic treatment capacities, no permits for
sewer line extensions shall be issued to wastewater treatment systems owned or
operated by municipalities, counties, sanitary districts or public utilities
unless they meet the following requirements:
(1) Prior to exceeding 80 percent of the wastewater
treatment system's permitted hydraulic capacity (based on the average flow of
the last calendar year), the permittee must submit an approvable engineering
evaluation of their future wastewater treatment, utilization, and disposal
needs. This evaluation must outline specific plans for meeting future
wastewater treatment, utilization, or disposal needs by either expansion of the
existing system, elimination or reduction of extraneous flows, or water
conservation and must include the source(s) of funding for the improvements.
If expansion is not proposed or is proposed for a later date, a detailed
justification must be made to the satisfaction of the Director that wastewater treatment
needs will be met based on past growth records and future growth projections
and, as appropriate, shall include conservation plans or other specific
measures to achieve waste flow reductions.
(2) Prior to exceeding 90 percent of the wastewater treatment,
utilization, or disposal systems permitted hydraulic capacity, (based on the
last calendar year), the permittee must obtain all permits needed for the
expansion of the wastewater treatment, utilization, or disposal system and, if
construction is needed, submit approvable final plans and specifications for
expansion including a construction schedule. If expansion is not proposed or
is proposed for a later date, a detailed justification must be made to the
satisfaction of the Director that wastewater treatment needs will be met based
on past growth records and future growth projections and, as appropriate, shall
include conservation plans or other specific measures to achieve waste flow
reductions.
(3) The Director shall allow permits to be issued to
facilities that are exceeding the 80 percent or 90 percent loading rates if the
additional flow is not projected to result in the facility exceeding its
permitted hydraulic capacity, the facility is in compliance with all other
permit limitations and requirements, and it is demonstrated to the satisfaction
of the Director that adequate progress is being made in developing the needed
engineering evaluations or plans and specifications. In determining the
adequacy of the progress, the Director shall consider the projected flows, the
complexity and scope of the work to be completed and any projected
environmental impacts.
History Note: Authority G.S. 143‑215.3;
Eff. September 1, 2006.
15A Ncac 02T .0119 reserved for future codification
15A NCAC 02T .0120 HISTORICAL CONSIDERATION IN PERMIT
APPROVAL
(a) The Division shall consider an applicant's compliance
history in accordance with G.S. 143-215.1(b)(4)b.2. and with the requirements
contained within this Rule for environmental permits and certifications issued
under Article 21. Paragraph (b) of this Rule is a partial set of criteria for
routine consideration under G.S. 143-215.1(b)(4)b.2. The Director may also
consider other compliance information in determining compliance history.
(b) When any of the following apply, permits for new and
expanding facilities shall not be granted, unless the Division determines that
the permit is specifically and solely needed for the construction of facilities
to resolve non-compliance with any environmental statute or rule:
(1) The applicant or any parent, subsidiary, or
other affiliate of the applicant 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 have been abandoned or
exhausted.
(2) The applicant or any affiliation has
previously abandoned a wastewater treatment facility without properly closing
the facility in accordance with the permit or this Subchapter.
(3) The applicant or any affiliation has not
paid a civil penalty where all appeals have been abandoned or exhausted.
(4) The applicant or any affiliation is
currently not compliant with any compliance schedule in a permit, settlement
agreement or order.
(5) The applicant or any affiliation has not
paid an annual fee in accordance with Rule .0105(e)(2).
(c) Any variance to this Rule shall be approved by the
Director and shall be based on the current compliance status of the permittee's
facilities and the magnitude of previous violations. Variance approval shall
not be delegated to subordinate staff.
History Note: Authority G.S. 143‑215.1(b); 143‑215.3(a);
Eff. September 1, 2006.
section .0200 – wastewater pump and haul systems
15A NCAC 02T .0201 SCOPE
This Section applies to all pump and haul activities of
wastewater under the authority of the Division. This Section does not apply to
the transport of animal waste from animal waste management systems permitted
under Section .1300 of this Subchapter and Section .1400 of this Subchapter. In
addition, this Section does not apply to the transport of wastewater residuals
or biosolids permitted under Section .1100 of this Subchapter or Section .1200
of this Subchapter.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15a NCAC 02T .0202 reserved for future codification
15A NCAC 02T .0203 PERMITTING BY REGULATION
(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) Washwater from single-beverage kiosks and
similar operations not regulated under the authority of the Division of
Environmental Health if the following criteria are met:
(A) The facility notifies the appropriate Division
regional office in writing advising of the type of operation, type and quantity
of wastewater generated, and the receiving wastewater treatment facility. A
letter from the facility that is accepting the wastewater (type and quantity)
specifically agreeing to accept wastewater from the applicant shall be
included.
(B) The wastewater does not contain any human waste.
(C) The waste is collected and discharged into a sewer
or treatment system designed and permitted to accept the type of wastewater
being pumped and hauled.
(2) Industrial wastewater if the following
criteria are met:
(A) The facility notifies the appropriate Division
regional office in writing advising of the type of operation, type and quantity
of wastewater generated, location, and the receiving wastewater treatment
facility. A letter from the facility accepting the wastewater (type and
quantity) specifically agreeing to accept wastewater from the applicant shall
be included.
(B) The wastewater does not contain any human waste.
(C) The waste is collected and discharged into a sewer
or treatment system designed and permitted to accept the type of wastewater
being pumped and hauled.
(D) The pump and haul activity is not to alleviate a
failing wastewater system.
(E) The Division regional office concurs in writing that
the activity meets the criteria in this Rule.
(3) Pump and hauling of waste from sewer
cleaning activities.
(b) The Director may determine that a system should not be
deemed permitted in accordance with this Rule and Rule .0113 of this
Subchapter. This determination shall be made in accordance with Rule .0113(e)
of this Subchapter.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0204 PERMITTING
(a) Pump and haul permits are not acceptable long-term
domestic wastewater treatment alternatives. Permits for domestic wastewater
shall only be issued in cases of environmental emergencies, nuisance conditions
(e.g. odors, vectors), health problems, or for unavoidable delays in
construction of systems previously permitted under this Section. The permits
shall be issued for a period of no more than six months unless the Director
determines that conditions are such that the final waste management options cannot
be implemented within six months.
(b) Applications shall include a letter from the facility
accepting the wastewater specifically agreeing to accept wastewater (type and
quantity) from the applicant for the proposed activity.
(c) Pump and haul facilities shall include at a minimum 24
hours storage with high-water alarms.
(d) Permitted pump and haul facilities or activities under
this rule shall be inspected at least daily by the permittee or its
representative.
History Note: Authority G.S. 143-215.1; 143-215.3(a.);
Eff. September 1, 2006.
SECTION .0300 - SEWER EXTENSIONs
15A NCAC 02T .0301 SCOPE
The rules in this Section set forth the requirements and
procedures for application and issuance of permits for sewers as required by
G.S. 143-215.1(a) and permitting delegation of local sewer programs allowable
by G.S. 143-215.1(f). The rules in this Section apply to all sewer extensions
including gravity sewers, pump stations, force mains, vacuum sewers, pressure
sewers (including Septic Tank Effluent Pump (STEP) systems) or alternative
sewer systems that discharge to another sewer system and requirements for local
delegated sewer extension permitting programs.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0302 DEFINITIONS
(a) The following definitions are used in this Section:
(1) "Alternative sewer system" means
any sewer system (collection system) other than a gravity system or standard
pump station and force main. These include pressure sewer systems, septic
tank/effluent pump (STEP) sewer systems, vacuum sewer system, and small
diameter variable grade gravity sewers.
(2) "Building" means any structure
occupied or intended for supporting or sheltering any occupancy.
(3) "Building drain" means that part
of the lowest piping of a drainage system that receives the discharge from
soil, waste and other drainage pipes that extends 10 feet beyond the walls of
the building and conveys the drainage to the building sewer.
(4) "Building sewer" means that part
of the drainage system that extends from the end of the building drain and
conveys the discharge from a single building to a public gravity sewer, private
gravity sewer, individual sewage disposal system or other point of disposal.
(5) "Fast-track" means a permitting
process whereby a professional engineer certifies a sewer design and associated
construction documents conform to all applicable sewer related rules and design
criteria, thereby forgoing an upfront technical review by the Division.
(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 a pressure sewer system.
(7) "Private sewer" means any part of
a sewer system which collects wastewater from one building and crosses another
property or travels along a street right of way or from more than one building
and is not considered a public sewer.
(8) "Public sewer" means a sewer
located in a dedicated public street, roadway, or dedicated public right‑of‑way
or easement which is owned or operated by any municipality, county, water or
sewer district, or any other political subdivision of the state authorized to
construct or operate a sewer system.
(9) "Sewer system" means pipelines or
conduits, pumping stations, including lift stations and grinder stations,
alternative systems, and appliances appurtenant thereto, used for conducting
wastewater to a point of ultimate treatment and disposal. A sewer system may
also be referred to as a collection system.
(10) "Small diameter, variable grade gravity
sewer system" means a system of wastewater collection utilizing an
interceptor tank to remove solids and grease from the waste stream, thereby
allowing smaller diameter pipes and shallower grades to be used. Flow is
transferred to the central gravity system in the public right-of-way by gravity
or effluent pumps. With venting and design, inflective grades (up-gradients)
may also be accommodated.
(11) "Septic tank/effluent pump (STEP)
system" means the same type of system as a "pressure sewer
system" except that the individual grinder pump is replaced with a septic
tank with an effluent pump either in the second chamber of the septic tank or
in a separate pump tank that follows the septic tank.
(12) "Vacuum sewer system" means a
mechanized system of wastewater collection utilizing differential air pressure
to move the wastewater. Centralized stations provide the vacuum with valve pits
providing the collection point from the source and also the inlet air required
to move the wastewater. In conjunction with the vacuum pumps, a standard (non
vacuum) pump station and force main is used to transport the wastewater from
the vacuum tanks to a gravity sewer or ultimate point of treatment and
disposal.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0303 PERMITTING BY REGULATION
(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) A building sewer documented by the local
building inspector to be in compliance with the North Carolina State Plumbing
Code, which 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.
(2) A gravity sewer serving a single building
with less than 600 gallons per day of flow as calculated using rates in 15A
NCAC 02T .0114 that crosses another property or parallels a right-of-way
provided that:
(A) an easement for crossing another property is
obtained, a map is created and both are recorded at the Register of Deeds
office in the county of residence for both property owners and runs with the
land, or, in the case of a building sewer traveling along a right-of-way,
documented permission from the dedicated right-of-way owner to use such
right-of-way;
(B) the building inspector certifies the sewer to the
point of connection to the existing sewer is in accordance with state or local
plumbing code; and
(C) no other connections are made to the sewer without
prior approval from the Division.
(3) New pump stations or sewage ejectors and
force mains if all of the following criteria are met:
(A) the pump station serves a single building,
(B) the force main does not traverse other property or
parallel a street right-of-way,
(C) the force main ties into a non-pressurized
pipe/manhole/wetwell (i.e. is not part of an alternative sewer system),
(D) the system is approved by the local building
inspector as being in complete compliance with the North Carolina Plumbing Code
to the point of connection to the existing sewer, and
(E) no other connections are made to the sewer without
prior approval from the Division.
(4) The following sewer operations provided
that the work conforms to all rules, setbacks and design standards; record
drawings of the completed project are kept for the life of the project; and new
sources of wastewater flow, immediate or future, are not planned to be
connected to the sewer other than previously permitted but not yet tributary:
(A) rehabilitation or replacement of sewers in kind
(i.e., size) with the same horizontal and vertical alignment;
(B) rehabilitation or replacement of public 6-inch
sewers with 8-inch sewers provided that the rehabilitation or replacement is to
correct deficiencies and bring the sewer up to current minimum standards;
(C) line relocations of the same pipe size and within
the same right-of-way or easement;
(D) parallel line installations of the same size and
within the right-of-way or easement where the existing line will be abandoned;
(E) point repairs; and
(F) in place pump station repairs/upgrades and
maintaining permitted capacity to within five percent of the original permitted
capacity for pump replacement.
(b) The Director may determine that a system should not be
deemed permitted in accordance with this Rule and Rule .0113 of this
Subchapter. This determination shall be made in accordance with Rule .0113(e)
of this Subchapter.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0304 APPLICATION SUBMITTAL
(a) Application for permits pursuant to this Section shall
be made on forms provided by the Division.
(b) Applications shall not be submitted unless the
Permittee has assured downstream sewer capacity.
(c) For pressure sewers, vacuum sewers, STEP systems and
other alternative sewer systems discharging into a sewer system, the Permittee,
by certifying the permit application and receiving an issued permit, agrees to
be responsible for all individual pumps, tanks, service laterals and main lines
as permitted. The line from a building to the septic or pump tank is excluded
from this responsibility. This does not prohibit the Permittee from entering
into a service agreement with another entity. However, the Permittee shall be
responsible for correcting any environmental or public health problems with the
system.
(d) For sewer extensions involving gravity sewers, pump
stations and force mains or any combination thereof that do not require an
Environmental Assessment pursuant to 15A NCAC 01C .0408 (except for low
pressure sewers, vacuum sewers and STEP systems discharging to a sewer system),
are not funded through the Division's Construction, Grants and Loans Section,
and where plans, calculations and specifications and other supporting documents
have been sealed by a professional engineer, application may be made according
to the fast-track permitting process.
(e) Projects involving an Environmental Assessment per 15A
NCAC 01C .0408 or are funded through the Division's Construction, Grants and
Loans Section must be submitted for a full technical review on application
forms provided by the Division. An application for sewers involving an
Environmental Assessment shall not be considered complete until either a
Finding of No Significant Impact or Record of Decision is issued.
(f) Where the plans were not prepared by a professional
engineer, applications shall be submitted for full technical review on
application forms specified by the Division.
(g) Low pressure sewer systems, vacuum sewer systems and
other alternative sewer systems shall be submitted for a full technical review
using the official application form for those systems.
(h) A letter of agreement from the owner or an official,
meeting the criteria in Rule .0106 of this Subchapter, of the receiving
collection system or treatment works accepting the wastewater is required, if
the application is not submitted by the owner of the receiving collection
system or treatment works. This letter shall be specific to the project whether
or not capacity has been purchased through an intergovernmental agreement or
contract. This letter shall also signify that the owner of the receiving
collection system or treatment works has adequate capacity to transport and
treat the proposed new wastewater. This shall not negate the need for
downstream sewer capacity calculations.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
143-215.67;
Eff. September 1, 2006.
15A NCAC 02T .0305 DESIGN CRITERIA
(a) Construction of sewers and sewer extensions are
prohibited in the following areas unless the specified determinations are made:
(1) in a natural area designated on the State
Registry of Natural Heritage Areas by a protection agreement between the owner
and the Secretary, unless the Commission agrees that no prudent, feasible or
technologically possible alternative exists; or,
(2) in a natural area dedicated as a North
Carolina Nature Preserve by mutual agreement between the owner and State of
North Carolina (Governor and Council of State), unless the Commission
recommends and the Governor and Council of State agree that no prudent,
feasible or technologically possible alternative exists;
(b) Engineering design documents. The following documents
shall be prepared prior to submitting a permit application to the Division. If
submittal of such documents is not requested in the permitting process (i.e.,
fast-track), they shall be available upon request by the Division. If required
by G.S. 89C, a professional engineer shall prepare these documents:
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that
preparation of engineering design documents pursuant to this Paragraph
constitutes practicing engineering under G.S. 89C.]
(1) A plan and profile of sewers, showing their
proximity to other utilities and natural features, such as water supply lines,
water lines, wells, storm drains, surface waters, roads and other trafficked
areas.
(2) Design calculations including pipe and pump
sizing, velocity, pump cycle times and level control settings, pump station
buoyancy, wet well storage, surge protection, detention time in the wet well
and force main, ability to flush low points in force mains with a pump cycle,
and downstream sewer capacity analysis.
(3) Specifications relative to the sewer system
describing all materials to be used, methods of construction and means for
assuring the quality and integrity of the finished project.
(c) All deeds, easements and encroachment agreements
necessary for installation and operation and maintenance of the system shall be
obtained prior to operation of the system.
(d) There shall be no by-pass or overflow lines designed in
any new sewer system except for valved piping and appurtenances intended for
emergency pumping operation(s).
(e) A minimum of two feet protection from a 100-year flood
shall be provided unless there is a water-tight seal on all station hatches and
manholes with control panels and vents extending two feet above the 100-year
flood elevation.
(f) The following minimum separations shall be provided for
the sewer system except as allowed by Paragraph (g) of this Rule:
Storm sewers and other utilities not listed below
(vertical) 24
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
wells, WS-I waters or Class I
or Class II impounded reservoirs used as
a source of drinking water 100 feet
Waters classified WS (except WS-I or WS-V), B, SA, ORW,
HQW, or SB from normal
high water (or tide elevation) and
wetlands 50
feet
Any other stream, lake, impoundment, or ground water
lowering and surface drainage ditches 10 feet
Any building foundation 5
feet
Any basement 10
feet
Top slope of embankment or cuts of 2 feet or more
vertical height 10
feet
Drainage systems and interceptor drains 5
feet
Any swimming pool 10
feet
Final earth grade (vertical) 36
inches
(g) Alternatives where separations in Paragraph (f) of this
Rule cannot be achieved. Nothing in this Paragraph shall supersede the
allowable alternatives provided in the Commission for Public Health Public
Water Supply Rules (15A NCAC 18C), Commission for Public Health Sanitation Rules
(15A NCAC 18A) or the Groundwater Protection Rules (15A NCAC 02L and 15A NCAC
02C) that pertain to the separation of sewer systems to water mains or public
or private wells:
(1) For storm sewers, engineering solutions
such as ductile iron pipe or structural bridging to prevent crushing the
underlying pipe.
(2) For public or private wells, piping
materials, testing methods and acceptability standards meeting water main
standards shall be used where these minimum separations cannot be maintained.
All appurtenances shall be outside the 100 foot radius. The minimum separation
shall however not be less than 25 feet from a private well or 50 ft from a
public well.
(3) For public water main horizontal or
vertical separations, alternatives as described in 15A NCAC 18C .0906(b) and (c).
(4) For less than 36-inches cover from final
earth grade, ductile iron pipe shall be specified. Ductile iron pipe or other
pipe with proper bedding to develop design supporting strength shall be
provided where sewers are subject to traffic bearing loads.
(5) For all other separations, materials,
testing methods and acceptability standards meeting water main standards (15A
NCAC 18C) shall be specified.
(h) The following criteria shall be met for all pumping
stations and force mains:
(1) Pump Station Reliability:
(A) Pump stations, except when exempted by Subparagraph
(j)(2) of this Rule, shall be designed with multiple pumps such that peak flow
can be pumped with the largest pump out of service.
(B) A standby power source or pump is required at all pump
stations except for those pump stations subject to Subparagraph (j)(2) of this
Rule. Controls shall be provided to automatically activate the standby source
and signal an alarm condition.
(C) As an alternative to Part (B) for pump stations with
an average daily design flow less than 15,000 gallons per day as calculated
using Rule .0114 of this Subchapter, a portable power source or pumping
capability may be utilized. It shall be demonstrated to the Division that the
portable source is owned or contracted by the permittee and is compatible with
the station. If the portable power source or pump is dedicated to multiple
pump stations, an evaluation of all the pump stations' storage capacities and
the rotation schedule of the portable power source or pump, including travel
timeframes, shall be provided in the case of a multiple station power outage.
(D) As an alternative to Part (B) for pump or vacuum
stations connecting a single building to an alternative sewer system, wet well
storage requirements shall be documented to provide 24-hours worth of
wastewater storage or, exceed the greatest power outage over the last three
years or the documented response time to replace a failed pump, whichever is
greater. Documentation shall be required pursuant to the permit application.
(E) All pump stations designed for two pumps or more
shall have a telemetry system to provide remote notification of a problem
condition to include power failure and high water alarm.
(F) high water audio and visual alarm.
(2) Pump stations shall have a permanent
weatherproof sign stating the pump station identifier, 24-hour emergency number
and instructions to call in case of emergency. Simplex pump or vacuum stations
serving a single-family residence shall have a placard or sticker placed inside
the control panel with a 24-hour emergency contact number.
(3) Screened vents for all wet wells.
(4) The public shall be restricted access to
the site and equipment.
(5) Air relief valves shall be provided at all
high points along force mains where the vertical distance exceeds ten feet.
(i) The following criteria shall be met for gravity sewers:
(1) for public gravity sewers, a minimum eight
inch diameter pipe and for private gravity sewers, a minimum six inch diameter
pipe;
(2) the maximum separation between manholes
shall be 425 feet unless written documentation is submitted with the
application that the owner/authority has the capability to perform routine
cleaning and maintenance on the sewer at the specified manhole separation; and
(3) drop manholes shall be provided where
invert separations exceed 2.5 feet.
(j) The following criteria shall be met for low pressure
sewers, vacuum sewers, STEP and other alternative sewers discharging into
another sewer system:
(1) Hydraulic modeling of the system shall be
submitted using the statistical (projected) number of pumps running at one
time. If computer modeling is provided by a pump manufacturer, it shall be
indicated and shall be considered part of the design calculations pursuant to
Subparagraph (b)(2) of this Rule.
(2) Simplex pump stations shall only be
allowable for single-family residences. All other buildings connected to the
system shall at a minimum have duplex pumps.
(3) Septic tanks shall adhere to the standards
established in 15A NCAC 18A .1900.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0306 LOCAL PROGRAMS FOR SEWER SYSTEMS
(a) Jurisdiction. Municipalities, counties, local boards
or commissions, water and sewer authorities, or groups of municipalities and
counties may apply to the Commission for approval of local programs for
permitting construction, modification, and operation of public and private
sewer systems in their utility service areas (i.e., delegation) pursuant to
G.S. 143-215.1(f). Permits issued by approved local programs serve in place of
permits issued by the Division except for projects involving an Environmental
Assessment, which shall continue to be permitted by the Division. The
Division may chose to cede permitting authority to the approved local program
after review of Environmental Assessment projects or if other permits are
required.
(b) Applications. Application for approval of a local
program must provide adequate information to assure compliance with the
requirements of G.S. 143‑215.1(f) and the following requirements:
(1) Applications for local sewer system
programs shall be submitted to the Director.
(2) The program application shall include three
copies of the intended permit application forms, permit shell(s), minimum
design criteria (specifications), sewer ordinances, flow chart of permitting,
staffing, inspection and certification procedures, intended permit application
fees, downstream capacity assurance methods and other relevant documents to be
used in administering the local program. The applicant shall specify in a
cover letter what permits the local authority desires to issue. The options
are any of the following: gravity sewers, pump stations, force mains, and/or
pressure sewers. The applicant shall also specify whether such permits will be
issued to public (to be self owned) or private systems (not donated to
delegated authority).
(3) Certification that the local authorities
for processing permit applications, setting permit requirements, enforcement,
and penalties are compatible with those for permits issued by the Division.
(4) If the treatment and disposal system
receiving the waste is under the jurisdiction of another local unit of
government, then the program application must contain a written statement from
that local unit of government that the proposed program complies with all its
requirements and that the applicant has entered into a satisfactory contract
which assures continued compliance.
(5) Any future amendments to the requirements
of this Section shall be incorporated into the local sewer system program
within 60 days of the effective date of the amendments.
(6) A Professional Engineer shall be on the
staff of the local sewer system program or retained as a consultant to review
unusual situations or designs and to answer questions that arise in the review
of proposed projects.
(7) Each project permitted by the local sewer
system program shall be inspected for compliance with the requirements of the
local program at least once during construction.
(c) Approval of Local Programs. The staff of the Division
shall acknowledge receipt of an application for a local sewer system program in
writing, review the application, notify the applicant of additional information
that may be required, and make a recommendation to the Commission on the
acceptability of the proposed local program.
(d) Conditions of Local Program Approval (Delegation).
Once approved by the Commission, the delegated authority shall adhere to the
following:
(1) Adequacy of Receiving Facilities. Local
sewer system programs shall not issue a permit for a sewer project which would
increase the flow or change the characteristics of waste to a treatment works
or sewer system unless the local program has received a written determination
from the Division that, pursuant to G.S. 143‑215.67(a), the treatment
works or sewer system is adequate to receive the waste. The Division staff
may, when appropriate, provide one written determination that covers all local
permits for domestic sewage sewer projects with total increased flow to a
particular treatment works less than a specified amount and which are issued
within a specified period of time. In no case shall the local sewer system
program issue a permit for additional wastewater if the receiving wastewater
treatment is in noncompliance with its Division issued permit unless the
additional flow is allowed as part of a special order pursuant to G.S.
143-215.2. In no case shall the delegated authority issue a permit for
additional wastewater without documenting capacity assurance along the
tributary wastewater path to the wastewater treatment plant.
(2) All permitting actions shall be summarized
and submitted to the Division and the appropriate Division Regional Office on a
quarterly basis on Division forms. 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 within 30 days after the end of each quarter.
(3) A copy of all program documents such as
specifications, permit applications, permit shells, shell certification forms,
and ordinance pertaining to permitting shall be submitted to the Division on an
annual basis along with a summary of any other program changes. Program
changes to note include staffing, processing fees, and ordinance revisions.
After initial submittal of such documents and if no further changes occur in
subsequent years, a letter stating such may be submitted in lieu of the
requested documentation. The Division may request changes to local program
documents if the Commission adopts more stringent standards.
(4) Modification of a Local Program.
Modifications to local programs, including the expansion of permitting
authority shall not be required to be approved by the Commission, but by the
Director.
(e) Appeal of Local Decisions. Appeal of individual permit
denials or issuance with conditions the permit applicant finds unacceptable
shall be made according to the approved local ordinance. The Commission shall
not consider individual permit denials or issuance with conditions to which a
Permittee objects. This Paragraph does not alter the enforcement authority of
the Commission as specified in G.S. 143‑215.1(f).
(f) The Division may audit the delegated program for
compliance with this Rule and G.S. 143-215.1(f) at any time with a scheduled
appointment with the delegated authority.
(g) The Division shall maintain a list of all local units
of government with approved local sewer system programs and make copies of the
list available to the public upon request and payment of any reasonable costs
for reproduction. The list may be obtained from the Division.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
SECTION .0400 – SYSTEM-WIDE COLLECTION SYSTEM PERMITTING
15A NCAC 02T .0401 SCOPE
The rules of this Section apply to system-wide collection
systems pursuant to G.S. 143-215.9B, where the Director may issue system-wide
permits for collection systems relating to operation and maintenance of sewers,
pump stations, force mains and all appurtenances.
History Note: Authority G.S. 143-215.1(a);
143-215.3(a); 143-215.9B;
Eff. September 1, 2006.
15A NCAC 02T .0402 DEFINITIONS
The following definitions are used in this Section:
(1) "Collection system" means a public or
private sewer system, consisting of sewer lines, force mains, pump stations or
any combination thereof that conveys wastewater to a designated wastewater
treatment facility or separately-owned sewer system. For purposes of
permitting, the collection system is considered to be any existing or newly
installed system extension up to the wastewater treatment facility property or
point of connection with a separately-owned sewer system.
(2) "High-priority sewer" means any aerial
sewer, sewer contacting surface waters, siphon, sewer positioned parallel to
streambanks that is subject to erosion that undermines or deteriorates the
sewer, or sewer designated as high priority in a Division issued permit where
the sewer does not meet minimum design requirements.
History Note: Authority G.S. 143-215.1(a);
143-215.3(a); 143-215.9B;
Eff. September 1, 2006.
15A NCAC 02T .0403 PERMITTING BY REGULATION
(a) Collection systems having an actual, permitted or
Division approved average daily flow less than 200,000 gallons per day are
deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets
the criteria in Rule .0113 of this Subchapter and all specific criteria
required in this Rule:
(1) The sewer system is effectively maintained
and operated at all times to prevent discharge to land or surface waters, and
to prevent any contravention of groundwater standards or surface water
standards.
(2) A map of the sewer system has been
developed and is actively maintained.
(3) An operation and maintenance plan including
pump station inspection frequency, preventative maintenance schedule, spare parts
inventory and overflow response has been developed and implemented.
(4) 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). Pump stations that are
connected to a telemetry system are inspected at least once per week.
(5) High-priority sewers are inspected by the
permittee or its representative at least once every six-months and inspections
are documented.
(6) A general observation by the permittee or
its representative of the entire sewer system is conducted at least once per
year.
(7) Overflows and bypasses are reported to the
appropriate Division regional office in accordance with 15A NCAC 02B .0506(a),
and public notice is provided as required by G.S. 143-215.1C.
(8) A Grease Control Program is in place as
follows:
(A) For publicly owned collection systems, the Grease
Control Program shall include at least bi-annual distribution of educational
materials for both commercial and residential users and the legal means to
require grease interceptors for new construction and retrofit, if necessary, of
grease interceptors at existing establishments. The plan shall also include
legal means for inspections of the grease interceptors, enforcement for
violators and the legal means to control grease entering the system from other
public and private satellite sewer systems.
(B) For privately owned collection systems, the Grease
Control Program shall include at least bi-annual distribution of grease
education materials to users of the collection system by the permittee or its
representative.
(C) Grease education materials shall be distributed more
often than required in Parts (A) and (B) of this Subparagraph if necessary to
prevent grease-related sanitary sewer overflows.
(9) Right-of-ways and easements are maintained
in the full easement width for personnel and equipment accessibility.
(10) Documentation shall be kept for
Subparagraphs (a)(1) through (a)(9) of this Rule for a minimum of three years
with exception of the map, which shall be maintained for the life of the
system.
(b) Private collection systems on a single property serving
an industrial facility where the domestic wastewater contribution is less than
200,000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system
should not be deemed to be permitted in accordance with this Rule and Rule
.0113 of this Subchapter. This determination shall be made in accordance with
Rule .0113(e) of this Subchapter.
History Note: Authority G.S. 143-215.1(a);
143-215.3(a); 143-215.9B;
Eff. September 1, 2006.
15A NCAC 02T .0404 MULTIPLE COLLECTION SYSTEMS UNDER COMMON
OWNERSHIP
If a public entity owns multiple but separate collection
systems (i.e., tributary to separate plants) and any one is subject to an
individual permit, all collection systems shall be covered under one permit.
This shall not be applicable to public utilities authorized to operate by the
North Carolina Utilities Commission who own several individual systems within
the state.
History Note: Authority G.S. 143-215.1(a);
143-215.3(a); 143-215.9B;
Eff. September 1, 2006.
15A NCAC 02T .0405 IMPLEMENTATION
(a) Permit applications for the initial issuance of a
collection system permit shall be completed and submitted to the Division
within 60 days of the collection system owner's certified mail receipt of the
Division's request for application submittal. Permit renewal requests shall be
submitted to the Director at least 180 days prior to expiration, unless the
permit has been revoked in accordance with 15A NCAC 02T .0110. All
applications must be submitted in duplicate, completed on official forms, and
fully executed.
(b) Collection systems subject to an individual permit
shall comply with the standards in Rule .0403 of this Section until such time
as their individual permit is issued.
History Note: Authority G.S. 143-215.1(a);
143-215.3(a); 143-215.9B;
Eff. September 1, 2006.
SECTION .0500 – WASTEWATER IRRIGATION SYSTEMS
15A NCAC 02T .0501 SCOPE
The rules in this Section apply to all surface irrigation of
wastewater systems not otherwise specifically governed by other rules of this
Subchapter. Surface irrigation of wastewater includes spray irrigation, drip
irrigation, and any other application of wastewater to the ground surface.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0502 reserved for future codification
15A NCAC 02T .0503 reserved for future codification
15A NCAC 02T .0504 APPLICATION SUBMITTAL
(a) The requirements in this Rule apply to all new and
expanding facilities, as applicable.
(b) Soils Report. A soil evaluation of the disposal site
shall be provided to the Division by the applicant in a report that includes
the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
[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.]
(1) Field description of soil profile, based on
examinations of excavation pits or auger borings, within seven feet of land
surface or to bedrock describing the following parameters by individual
diagnostic horizons:
(A) thickness of the horizon;
(B) texture;
(C) color and other diagnostic features;
(D) structure;
(E) internal drainage;
(F) depth, thickness, and type of restrictive
horizon(s); and
(G) presence or absence and depth of evidence of any
seasonal high water table (SHWT).
Applicants shall dig pits when necessary for evaluation of the
soils at the site.
(2) Recommendations concerning loading rates of
liquids, solids, other wastewater constituents and amendments. Annual
hydraulic loading rates shall be based on in-situ measurement of saturated
hydraulic conductivity in the most restrictive horizon for each soil mapping
unit. Maximum irrigation precipitation rates shall be provided for each soil
mapping unit.
(3) A field-delineated soil map delineating
soil mapping units within each land application site and showing all physical
features, location of pits and auger borings, legends, scale, and a north
arrow. The legends shall also include dominant soil series name and family or
higher taxonomic class for each soil mapping unit.
(4) A representative soils analysis (i.e.,
Standard Soil Fertility Analysis) conducted on each land application site. The
Standard Soil Fertility Analysis shall include the following parameters:
(A) acidity,
(B) base saturation (by calculation),
(C) calcium,
(D) cation exchange capacity,
(E) copper,
(F) exchangeable sodium percentage (by calculation),
(G) magnesium,
(H) manganese,
(I) percent humic matter,
(J) pH,
(K) phosphorus,
(L) potassium,
(M) sodium, and
(N) zinc.
(c) Engineering design documents. If required by G.S. 89C,
a professional engineer shall prepare these documents. The following documents
shall be provided to the Division by the applicant:
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that
preparation of engineering design documents pursuant to this Paragraph
constitutes practicing engineering under G.S. 89C.]
(1) engineering plans for the entire system,
including treatment, storage, application, and disposal facilities and
equipment except those previously permitted unless those previously permitted
are directly tied into the new units or are critical to the understanding of
the complete process;
(2) specifications describing materials to be
used, methods of construction, and means for ensuring quality and integrity of
the finished product including leakage testing; and
(3) engineering calculations including
hydraulic and pollutant loading for each treatment unit, treatment unit sizing
criteria, hydraulic profile of the treatment system, total dynamic head and
system curve analysis for each pump, buoyancy calculations, and irrigation
design.
(d) Site plans. If required by G.S. 89C, a professional
land surveyor shall provide location information on boundaries and physical
features not under the purview of other licensed professions. Site plans or
maps shall be provided to the Division by the applicant depicting the location,
orientation and relationship of facility components including:
[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 G.S. 89C.]
(1) a scaled map of the site, with topographic
contour intervals not exceeding 10 feet or 25 percent of total site relief and
showing all facility-related structures and fences within the treatment,
storage and disposal areas, and soil mapping units shown on all disposal sites;
(2) the location of all wells (including usage
and construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within
500 feet of all waste treatment, storage, and disposal site(s) and delineation
of the review and compliance boundaries;
(3) setbacks as required by Rule .0506 of this
Section; and
(4) site property boundaries within 500 feet of
all waste treatment, storage, and disposal site(s).
(e) A hydrogeologic description prepared by a Licensed
Geologist, Licensed Soil Scientist, or Professional Engineer if required by
Chapters 89E, 89F, or 89C respectively of the subsurface to a depth of 20 feet
or bedrock, whichever is less, shall be provided to the Division by the
applicant for systems treating industrial waste and any system with a design
flow over 25,000 gallons per day. 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 the following components:
[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 G.S. 89E, soil
science under G.S. 89F, or engineering under G.S. 89C.]
(1) a description of the regional and local
geology and hydrogeology;
(2) a description, based on field observations
of the site, of the site topographic setting, streams, springs and other
groundwater discharge features, drainage features, existing and abandoned
wells, rock outcrops, and other features that may affect the movement of the
contaminant plume and treated wastewater;
(3) changes in lithology underlying the site;
(4) depth to bedrock and occurrence of any rock
outcrops;
(5) the hydraulic conductivity and
transmissivity of the affected aquifer(s);
(6) depth to the seasonal high water table;
(7) a discussion of the relationship between
the affected aquifers of the site to local and regional geologic and
hydrogeologic features;
(8) a discussion of the groundwater flow regime
of the site prior to operation of the proposed facility and post operation of
the proposed facility focusing on the relationship of the system to groundwater
receptors, groundwater discharge features, and groundwater flow media; and
(9) if the SHWT is within six feet of the
surface, a mounding analysis to predict the level of the SHWT after wastewater
application.
(f) Property Ownership Documentation shall be provided to
the Division by the applicant consisting of:
(1) legal documentation of ownership (i.e.,
contract, deed or article of incorporation);
(2) written notarized intent to purchase
agreement signed by both parties, accompanied by a plat or survey map; or
(3) written notarized lease agreement signed by
both parties, specifically indicating the intended use of the property, as well
as a plat or survey map. Lease agreements shall adhere to the requirements of
15A NCAC 02L .0107.
(g) Public utilities shall submit to the Division a
Certificate of Public Conveyance and Necessity or a letter from the NC
Utilities Commission stating that a franchise application has been received.
(h) A complete chemical analysis of the typical wastewater
to be discharged shall be provided to the Division by the applicant for
industrial waste, including Total Organic Carbon, 5-day Biochemical Oxygen
Demand (BOD5), Chemical Oxygen Demand (COD), Nitrate Nitrogen (NO3-N),
Ammonia Nitrogen (NH3-N), Total Kjeldahl Nitrogen (TKN), pH,
Chloride, Total Phosphorus, Phenol, Total Volatile Organic Compounds, Fecal
Coliform, Calcium, Sodium, Magnesium, Sodium Adsorption Ratio (SAR), Total
Trihalomethanes, Toxicity Test Parameters and Total Dissolved Solids.
(i) A project evaluation and a receiver site agronomic
management plan (if applicable) and recommendations concerning cover crops and
their ability to accept the proposed application rates of liquid, solids,
minerals and other constituents of the wastewater shall be provided to the
Division by the applicant.
(j) A residuals management plan as required by Rule .0508
of this Section shall be provided to the Division by the applicant. A written
commitment is not required at the time of application; however, it must be
provided to the Division prior to operation of the permitted system.
(k) A water balance shall be provided to the Division by
the applicant that determines required effluent storage based upon the most
limiting factor of the hydraulic loading based on either the most restrictive
horizon or groundwater mounding analysis; or nutrient management based on
either agronomic rates for the specified cover crop or crop management.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0505 DESIGN CRITERIA
(a) The requirements in this Rule apply to all new and
expanding facilities, as applicable.
(b) Minimum degree of treatment for new and expanding
systems are as follows:
(1) For new municipal, domestic and commercial facilities,
the minimum degree of treatment shall meet a monthly average of five-day
Biochemical Oxygen Demand (BOD5) ≤ 30 mg/L; Total Suspended
Solids (TSS) ≤ 30 mg/L; Ammonia (NH3) ≤ 15 mg/L; and
Fecal Coliforms ≤ 200 colonies/100 ml.
(2) For expanding municipal, domestic, and
commercial facilities except systems subject to Subparagraphs (b)(3) or (b)(4)
of this Rule, facilities shall meet the limitation provided in Subparagraph
(b)(1) of this Rule.
(3) For expanding municipal facilities, except
those permitted as new under Subparagraph (b)(1) of this Rule, with lagoon
treatment systems, the minimum degree of treatment shall meet a monthly average
of five-day Biochemical Oxygen Demand (BOD5) ≤ 60 mg/L; Total
Suspended Solids (TSS) ≤ 90 mg/L; Fecal Coliforms ≤ 200
colonies/100 ml. No expanding facilities shall be permitted under this
provision for any project whose application is received by the Division after
December 31, 2011.
(4) For expanding municipal facilities whose
application is received by the Division after December 31, 2011, except those
permitted as new under Subparagraph (b)(1) of this Rule, with lagoon treatment
systems, the minimum degree of treatment shall meet a monthly average of
five-day Biochemical Oxygen Demand (BOD5) ≤ 30 mg/L; Total
Suspended Solids (TSS) ≤ 90 mg/L; Fecal Coliforms ≤ 200
colonies/100 ml.
(5) Treatment for other operations shall be
based on producing the quality effluent used in documenting protection of surface
water or groundwater standards.
(c) All wastes shall be applied at agronomic rates unless
predictive calculations are provided that document State groundwater standards
will be protected.
(d) All treatment/storage lagoons/ponds shall have at least
two feet of freeboard.
(e) Waste, including treated waste, shall not be placed
directly into, or in contact with, GA classified groundwater unless such
placement will not result in a contravention of GA groundwater standards, as
demonstrated by predictive calculations or modeling.
(f) Treatment works and disposal systems utilizing earthen
basins, lagoons, ponds or trenches, excluding holding ponds containing
non-industrial treated effluent prior to spray irrigation, for treatment,
storage or disposal shall have either a liner of natural material at least one foot
in thickness and having a hydraulic conductivity of no greater than 1 x 10-6
centimeters per second when compacted, or a synthetic liner of sufficient
thickness to exhibit structural integrity and an effective hydraulic
conductivity no greater than that of the natural material liner.
(g) The bottoms of earthen impoundments, trenches or other
similar excavations shall be at least four feet above the bedrock surface,
except that the bottom of excavations which are less than four feet above
bedrock shall have a liner with a hydraulic conductivity no greater than 1 x 10-7
centimeters per second. Liner thickness shall be that thickness necessary to
achieve a leakage rate consistent with the sensitivity of classified
groundwaters. Liner requirements may be reduced if it can be demonstrated by
the applicant through predictive calculations or modeling methods that
construction and use of these treatment and disposal units will not result in
contravention of surface water or groundwater standards.
(h) Impoundments, trenches or other excavations made for
the purpose of storing or treating waste shall not be excavated into bedrock
unless the placement of waste into such excavations will not result in a
contravention of surface water or groundwater standards, as demonstrated by
predictive calculations or modeling.
(i) Flow equalization of at least 25 percent of the
facilities permitted hydraulic capacity must be provided for all seasonal or
resort facilities and all other facilities with fluctuations in influent flow
which may adversely affect the performance of the system.
(j) By-pass and overflow lines shall be prohibited.
(k) Multiple pumps shall be provided if pumps are used.
(l) Power reliability shall be provided consisting of:
(1) automatically activated standby power
supply onsite, capable of powering all essential treatment units under design
conditions; or
(2) approval by the Director that the facility:
(A) serves a private water distribution system which has
automatic shut-off at power failure and no elevated water storage tanks,
(B) has sufficient storage capacity that no potential
for overflow exists, and
(C) can tolerate septic wastewater due to prolonged
detention.
(m) A water-tight seal on all treatment/storage units or
minimum of two feet protection from 100-year flood shall be provided.
(n) Irrigation system design shall not exceed the
recommended precipitation rates in the soils report prepared pursuant to Rule
.0504 of this Section.
(o) A minimum of 30 days of residual storage shall be provided.
(p) Disposal areas shall be designed to maintain a one-foot
vertical separation between the seasonal high water table and the ground
surface.
(q) The public shall be prohibited access to the wetted
irrigation area and treatment facilities.
(r) Influent pump stations shall meet the sewer minimum
design criteria as provided in Section .0300 of this Subchapter.
(s) Septic tanks shall adhere to the standards established
in 15A NCAC 18A .1900.
(t) The irrigation system shall be provided with a flow
meter to allow accurate determination of the volume of treated wastewater
applied to each field.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0506 SETBACKS
(a) 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
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
(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
(c) Achieving the reclaimed water effluent standards
contained in 15A NCAC 02U .0301 shall permit the system to use the setbacks
located in 15A NCAC 02U .0701(d) for property lines and the compliance boundary
shall be at the irrigation area boundary.
(d) Setback waivers shall be written, notarized, signed by
all parties involved and recorded with the county Register of Deeds. Waivers
involving the compliance boundary shall be in accordance with 15A NCAC 02L
.0107.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. June 18, 2011.
15A NCAC 02T .0507 OPERATION AND MAINTENANCE PLAN
An operation and maintenance plan shall be maintained for
all systems. The plan shall:
(1) describe the operation of the system in sufficient
detail to show what operations are necessary for the system to function and by
whom the functions are to be conducted;
(2) describe anticipated maintenance of the system;
(3) include provisions for safety measures including
restriction of access to the site and equipment, as appropriate; and
(4) include spill control provisions including:
(a) response to upsets and bypasses including
control, containment, and remediation; and
(b) contact information for plant personnel,
emergency responders, and regulatory agencies.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0508 RESIDUALS MANAGEMENT PLAN
A Residuals Management Plan shall be maintained for all
systems that generate residuals. The plan must include the following:
(1) a detailed explanation as to how the residuals will
be collected, handled, processed, stored and disposed;
(2) an evaluation of the residuals storage requirements
for the treatment facility based upon the maximum anticipated residuals
production rate and ability to remove residuals;
(3) a permit for residuals utilization, a written
commitment to the Permittee of a Department approved residuals
disposal/utilization program accepting the residuals which demonstrates that
the approved program has adequate capacity to accept the residuals, or that an
application for approval has been submitted; and
(4) if oil, grease, grit, or screenings removal and
collection is a designed unit process, a detailed explanation as to how the
oil/grease will be collected, handled, processed, stored and disposed.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
SECTION .0600 – SINGLE-FAMILY RESIDENCE wastewater IRRIGATION
SYSTEMS
15A NCAC 02T .0601 SCOPE
The rules in this Section apply to all surface irrigation of
wastewater systems specifically designed for one building single-family
residences. Surface irrigation systems serving single-family residences are
considered to be ground absorption systems in accordance with 15A NCAC 02L
.0107.
History Note: Authority G.S. 143‑215.1; 143‑215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0602 reserved for future codification
15A NCAC 02T .0603 reserved for future codification
15A NCAC 02T .0604 APPLICATION SUBMITTAL
(a) The requirements in this Rule apply to all new and
expanding facilities, as applicable.
(b) Soils Report. A soil evaluation of the disposal site
shall be provided to the Division by the applicant in a report that includes
the following. If required by G.S. 89F, a soil scientist shall prepare this
evaluation:
[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.]
(1) Field description of soil profile, based on
examinations of excavation pits and auger borings, within seven feet of land
surface or to bedrock describing the following parameters by individual
diagnostic horizons:
(A) thickness of the horizon;
(B) texture;
(C) color and other diagnostic features;
(D) structure;
(E) internal drainage;
(F) depth, thickness, and type of restrictive
horizon(s); and
(G) presence or absence and depth of evidence of any
seasonal high water table.
Applicants may be required to dig pits when necessary for proper
evaluation of the soils at the site.
(2) Recommendations concerning loading rates of
liquids, solids, other wastewater constituents and amendments. Annual
hydraulic loading rates shall be based on in-situ measurement of saturated
hydraulic conductivity in the most restrictive horizon for each soil mapping
unit. Maximum irrigation precipitation rates shall be provided for each soil
mapping unit.
(3) A soil map delineating soil mapping units
within each land application site and showing all physical features, location
of pits and auger borings, legends, scale, and a north arrow.
(4) A representative soils analysis (i.e.,
Standard Soil Fertility Analysis) conducted on each land application site. The
Standard Soil Fertility Analysis shall include the following parameters:
(A) acidity,
(B) base saturation (by calculation),
(C) calcium,
(D) cation exchange capacity,
(E) copper,
(F) exchangeable sodium percentage (by calculation),
(G) magnesium,
(H) manganese,
(I) percent humic matter,
(J) pH,
(K) phosphorus,
(L) potassium,
(M) sodium, and
(N) zinc.
(c) Engineering design documents. If required by G.S. 89C,
a professional engineer shall prepare these documents. The following documents
shall be provided to the Division by the applicant:
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that
preparation of engineering design documents pursuant to this Paragraph
constitutes practicing engineering under G.S. 89C.]
(1) engineering plans for the entire system,
including treatment, storage, application, and disposal facilities and
equipment except those previously permitted unless those previously permitted
are directly tied into the new units or are critical to the understanding of
the complete process;
(2) specifications describing materials to be
used, methods of construction, and means for ensuring quality and integrity of
the finished product including leakage testing; and
(3) engineering calculations including
hydraulic and pollutant loading for each treatment unit, treatment unit sizing
criteria, hydraulic profile of the treatment system, total dynamic head and
system curve analysis for each pump, buoyancy calculations, and irrigation
design.
(d) Site plans. If required by G.S. 89C, a professional
land surveyor shall provide location information on boundaries and physical
features not under the purview of other licensed professions. Site plans or
maps shall be provided to the Division by the applicant depicting the location,
orientation and relationship of facility components including:
[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 G.S. 89C.]
(1) a scaled map of the site, with topographic
contour intervals not exceeding two feet and showing all facility-related
structures and fences within the treatment, storage and disposal areas, and
soil mapping units shown on all disposal sites;
(2) the location of all wells (including usage
and construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within
500 feet of all waste treatment, storage, and disposal site(s) and delineation
of the review and compliance boundaries;
(3) setbacks as required by Rule .0606 of this
Subchapter; and
(4) site property boundaries within 500 feet of
all waste treatment, storage, and disposal site(s).
(e) Property Ownership Documentation shall be provided to
the Division consisting of:
(1) legal documentation of ownership (i.e.,
contract, deed or article of incorporation);
(2) written notarized intent to purchase
agreement signed by both parties, accompanied by a plat or survey map; or
(3) written notarized lease agreement signed by
both parties, specifically indicating the intended use of the property, as well
as a plat or survey map. Lease agreements shall adhere to the requirements of
15A NCAC 02L .0107.
(f) An Operation and Maintenance Plan addressing routine
inspections, maintenance schedules, troubleshooting and a layman's explanation
about the wastewater treatment and irrigation disposal systems shall be
submitted to the Division by the applicant.
(g) A letter from the local County Health Department
denying the site for all subsurface systems shall be submitted to the Division
by the applicant.
(h) A notarized Operation and Maintenance Agreement shall
be submitted to the Division by the applicant.
History Note: Authority G.S. 143‑215.1; 143‑215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0605 DESIGN CRITERIA
(a) The requirements in this Rule apply to new and
expanding facilities.
(b) Minimum degree of treatment prior to storage shall meet
a monthly average of five-day Biochemical Oxygen Demand (BOD5)
≤ 30 mg/L; Total Suspended Solids (TSS) ≤ 30 mg/L; Ammonia (NH3)
≤ 15 mg/L; and Fecal Coliforms ≤ 200 colonies/100 ml.
(c) Waste, including treated waste, shall not be placed
directly into, or in contact with, GA classified groundwater unless such
placement will not result in a contravention of GA groundwater standards, as
demonstrated by predictive calculations or modeling.
(d) Excavation into bedrock shall be lined with a 10
millimeter synthetic liner.
(e) Earthen treatment and storage facilities shall be
prohibited.
(f) By-pass and overflow lines shall be prohibited.
(g) A water-tight seal on all treatment/storage units or
minimum of two feet protection from 100-year flood shall be provided.
(h) Preparation of an operational management plan, and, if
appropriate, a crop management plan shall be provided.
(i) Fencing shall be provided to prevent access to the
irrigation site (minimum 2-strand wire) and treatment units shall be secured
with locks on all tankage and control panels.
(j) Irrigation system design shall not exceed the
recommended precipitation rates in the soils report prepared pursuant to Rule .0604
of this Section.
(k) Septic tanks shall adhere to 15A NCAC 18A .1900.
(l) Tablet chlorination disinfection shall be provided.
(m) A minimum of five days of storage based on average
daily flow between the pump off float and inlet invert pipe shall be provided.
(n) Pump/dosing tanks shall have audible and visual alarms
external to any structure.
(o) Rain / moisture sensor shall be provided to prevent
irrigation during precipitation events or wet conditions that would cause
runoff.
(p) A minimum of 18 inches of vertical separation between
the apparent seasonal high water table and the ground surface shall be
provided.
(q) A minimum of one foot of vertical separation between
any perched seasonal high water table and the ground surface shall be provided.
(r) Loading rates shall not exceed 50 inches per year.
History Note: Authority G.S. 143‑215.1; 143‑215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0606 SETBACKS
(a) 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
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
(b) Treatment and storage facilities associated with
systems permitted under this Section shall adhere to the setback requirements
in Section .0500 of this Subchapter except as provided in this Rule.
(c) Setback waivers shall be written, notarized, signed by
both parties and recorded with the County Register of Deeds. Waivers involving
the compliance boundary shall be in accordance with 15A NCAC 02L .0107.
History Note: Authority G.S. 143‑215.1; 143‑215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0607 CONNECTION TO REGIONAL SYSTEM
If a public or community sewage system is or becomes
available, the subject wastewater treatment facilities shall be closed and all
wastewater discharged into the public or community sewage system.
History Note: Authority G.S. 143‑215.1; 143‑215.3(a);
Eff. September 1, 2006.
SECTION .0700 – HIGH RATE INFILTRATION SYSTEMS
15A NCAC 02T .0701 SCOPE
This Section applies to all high-rate infiltration
facilities. High-rate infiltration facilities include all facilities that
dispose of wastewater effluent onto the land at an application rate that meets
or exceeds the rates provided in Rule .0702 of this Section.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0702 DEFINITIONS
As used in this Section, "High-rate infiltration"
shall mean:
(1) In coastal areas as defined in Section 15A NCAC 02H
.0400, 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).
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0703 Reserved for future codification
15A NCAC 02T .0704 APPLICATION SUBMITTAL
(a) The requirements in this Rule apply to all new and
expanding facilities, as applicable.
(b) Soils Report. A soil evaluation of the disposal site
shall be provided to the Division by the applicant in a report that includes
the following. If required by G.S. 89F, a soil scientist shall prepare this
evaluation:
[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.]
(1) Field description of soil profile, based on
examinations of excavation pits and auger borings, within seven feet of land
surface or to bedrock describing the following parameters by individual
diagnostic horizons:
(A) thickness of the horizon;
(B) texture;
(C) color and other diagnostic features;
(D) structure;
(E) internal drainage;
(F) depth, thickness, and type of restrictive
horizon(s); and
(G) presence or absence and depth of evidence of any
seasonal high water table (SHWT).
Applicants shall dig pits when necessary for proper evaluation of
the soils at the site.
(2) Recommendations concerning loading rates of
liquids, solids, other wastewater constituents and amendments. Annual
hydraulic loading rates shall be based on in-situ measurement of saturated
hydraulic conductivity in the most restrictive horizon for each soil mapping
unit. Maximum irrigation precipitation rates shall be provided for each soil
mapping unit.
(3) A soil map delineating soil mapping units
within each land application site and showing all physical features, location
of pits and auger borings, legends, scale, and a north arrow.
(4) A representative soils analysis (i.e.,
Standard Soil Fertility Analysis) conducted on each land application site. The
Standard Soil Fertility Analysis shall include the following parameters:
(A) acidity,
(B) base saturation (by calculation),
(C) calcium,
(D) cation exchange capacity,
(E) copper,
(F) exchangeable sodium percentage (by calculation),
(G) magnesium,
(H) manganese,
(I) percent humic matter,
(J) pH,
(K) phosphorus,
(L) potassium,
(M) sodium, and
(N) zinc.
(c) Engineering design documents. If required by G.S. 89C,
a professional engineer shall prepare these documents. The following documents
shall be provided to the Division by the applicant:
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that
preparation of engineering design documents pursuant to this Paragraph
constitutes practicing engineering under G.S. 89C.]
(1) engineering plans for the entire system,
including treatment, storage, application, and disposal facilities and
equipment except those previously permitted unless those previously permitted
are directly tied into the new units or are critical to the understanding of
the complete process;
(2) specifications describing materials to be
used, methods of construction, and means for ensuring quality and integrity of
the finished product including leakage testing; and
(3) engineering calculations including
hydraulic and pollutant loading for each treatment unit, treatment unit sizing
criteria, hydraulic profile of the treatment system, total dynamic head and
system curve analysis for each pump, buoyancy calculations, and
irrigation/infiltration design.
(d) Site plans. If required by G.S. 89C, a professional
land surveyor shall provide location information on boundaries and physical
features not under the purview of other licensed professions. Site plans or
maps shall be provided to the Division by the applicant depicting the location,
orientation and relationship of facility components including:
[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 G.S. 89C.]
(1) a scaled map of the site, with topographic
contour intervals not exceeding 10 feet or 25 percent of total site relief and
showing all facility-related structures and fences within the treatment,
storage and disposal areas, and soil mapping units shown on all disposal sites;
(2) the location of all wells (including usage
and construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within
500 feet of all waste treatment, storage, and disposal site(s) and delineation
of the review and compliance boundaries;
(3) setbacks as required by Rule .0706 of this
Section; and
(4) site property boundaries within 500 feet of
all waste treatment, storage, and disposal site(s).
(e) A hydrogeologic description prepared by a Licensed
Geologist, Licensed Soil Scientist, or Professional Engineer if required by
Chapters 89E, 89F, or 89C respectively of the subsurface to a depth of 20 feet
or bedrock, whichever is less, shall be provided to the Division for systems
treating industrial waste and any system with a design flow of over 25,000
gallons per day. 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 the following components:
[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 G.S. 89E, soil science
under G.S. 89F, or engineering under G.S. 89C.]
(1) a description of the regional and local
geology and hydrogeology;
(2) a description, based on field observations
of the site, of the site topographic setting, streams, springs and other
groundwater discharge features, drainage features, existing and abandoned
wells, rock outcrops, and other features that may affect the movement of the
contaminant plume and treated wastewater;
(3) changes in lithology underlying the site;
(4) depth to bedrock and occurrence of any rock
outcrops;
(5) the hydraulic conductivity and
transmissivity of the affected aquifer(s);
(6) depth to the seasonal high water table;
(7) a discussion of the relationship between
the affected aquifers of the site to local and regional geologic and
hydrogeologic features;
(8) a discussion of the groundwater flow regime
of the site prior to operation of the proposed facility and post operation of
the proposed facility focusing on the relationship of the system to groundwater
receptors, groundwater discharge features, and groundwater flow media; and
(9) a mounding analysis to predict the level of
the SHWT after wastewater application.
(f) Property Ownership Documentation shall be provided to
the Division consisting of:
(1) legal documentation of ownership (i.e.,
contract, deed or article of incorporation);
(2) written notarized intent to purchase
agreement signed by both parties, accompanied by a plat or survey map; or
(3) written notarized lease agreement signed
by both parties, specifically indicating the intended use of the property, as
well as a plat or survey map. Lease agreements shall adhere to the
requirements of 15A NCAC 02L .0107(f).
(g) Public utilities shall submit a Certificate of Public
Conveyance and Necessity or a letter from the NC Utilities Commission stating
that a franchise application has been received.
(h) A complete chemical analysis of the typical wastewater
to be discharged shall be provided to the Division for industrial waste,
including Total Organic Carbon, 5-day Biochemical Oxygen Demand (BOD5),
Chemical Oxygen Demand (COD), Nitrate Nitrogen (NO3-N), Ammonia
Nitrogen (NH3-N), Total Kjeldahl Nitrogen (TKN), pH, Chloride, Total
Phosphorus, Phenol, Total Volatile Organic Compounds, Fecal Coliform, Calcium,
Sodium, Magnesium, Sodium Adsorption Ratio (SAR), Total Trihalomethanes,
Toxicity Test Parameters and Total Dissolved Solids.
(i) A project evaluation and a receiver site agronomic
management plan (if applicable) containing recommendations concerning cover
crops and their ability to accept the proposed application rates of liquid,
solids, minerals and other constituents of the wastewater shall be provided to
the Division.
(j) A residuals management plan as required by Rule .0708
of this Section is to be provided to the Division. A written commitment is not
required at the time of application; however, it must be provided prior to
operation of the permitted system.
(k) A water balance shall be provided to the Division that
determines required effluent storage based upon the most limiting factor of the
hydraulic loading based on either the most restrictive horizon or groundwater
mounding analysis; or nutrient management based on either agronomic rates for a
specified cover crop or crop management requirements.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0705 DESIGN CRITERIA
(a) The requirements in this Rule apply to all new and
expanding facilities, as applicable.
(b) Degree of treatment shall be based on a monthly average
5-day Biochemical Oxygen Demand (BOD5) ≤ 10 mg/L; Total Suspended Solids
(TSS) ≤ 15 mg/L; Ammonia Nitrogen (NH3-N) ≤ 4 mg/L;
Fecal Coliforms ≤ 14 per 100 mL; and Nitrate Nitrogen (NO3-N)
≤ 10 mg/L for domestic and commercial operations. Treatment for other
operations shall be based on producing the quality effluent used in documenting
protection of surface water or groundwater standards. More stringent effluent
limits may be applied in accordance with calculations submitted by the
applicant to document protection of surface water or groundwater standards.
(c) All treatment/storage lagoons/ponds shall have at least
two feet of freeboard.
(d) Waste, including treated waste, shall not be placed
directly into, or in contact with, GA classified groundwater unless such
placement will not result in a contravention of GA groundwater standards, as
demonstrated by predictive calculations or modeling.
(e) Treatment works and disposal systems utilizing earthen
basins, lagoons, ponds or trenches, excluding holding ponds containing
non-industrial treated effluent prior to spray irrigation, for treatment,
storage or disposal shall have either a liner of natural material at least one
foot in thickness and having a hydraulic conductivity of no greater than 1 x 10-6
centimeters per second when compacted, or a synthetic liner of sufficient
thickness to exhibit structural integrity and an effective hydraulic
conductivity no greater than that of the natural material liner.
(f) The bottoms of earthen impoundments, trenches or other
similar excavations shall be at least four feet above the bedrock surface,
except that the bottom of excavations which are less than four feet above
bedrock shall have a liner with a hydraulic conductivity no greater than 1 x 10-7
centimeters per second. Liner thickness shall be that thickness necessary to
achieve a leakage rate consistent with the sensitivity of classified
groundwaters. Liner requirements may be reduced if it can be demonstrated to
the Division by predictive calculations or modeling methods that construction
and use of these treatment and disposal units will not result in contravention
of surface water or groundwater standards.
(g) Impoundments, trenches or other excavations made for
the purpose of storing or treating waste shall not be excavated into bedrock
unless the placement of waste into such excavations will not result in a
contravention of surface water or groundwater standards, as demonstrated by
predictive calculations or modeling.
(h) Flow equalization of at least 25 percent of the
facilities permitted hydraulic capacity must be provided for all seasonal or
resort facilities and all other facilities with fluctuations in influent flow
which may adversely affect the performance of the system.
(i) By-pass and overflow lines shall be prohibited.
(j) Multiple pumps shall be provided if pumps are used.
(k) Power reliability shall be provided consisting of:
(1) automatically activated standby power
supply onsite, capable of powering all essential treatment units under design
conditions; or
(2) approval by the Director that the facility:
(A) serves a private water distribution system which has
automatic shut-off at power failure and no elevated water storage tanks,
(B) has sufficient storage capacity that no potential
for overflow exists, and
(C) can tolerate septic wastewater due to prolonged
detention.
(l) A water-tight seal on all treatment/storage units or
minimum of two feet protection from 100-year flood shall be provided.
(m) Irrigation system design shall not exceed the
recommended precipitation rates in the soils report prepared pursuant to Rule
.0704 of this Section.
(n) A minimum of 30 days of residuals storage shall be
provided.
(o) Disposal areas shall be designed to maintain a one-foot
vertical separation between the seasonal high water table and the ground
surface.
(p) The public shall be prohibited access to the wetted
disposal area and treatment facilities.
(q) Influent pump stations shall meet the sewer minimum
design criteria as provided in Section .0300 of this Subchapter.
(r) Septic tanks shall adhere to 15A NCAC 18A .1900.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0706 SETBACKS
(a) The setbacks for Infiltration 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 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 shallow groundwater supply (less than 50 feet
deep) 500
(b) Setbacks in Paragraph (a) of this Rule to surface
waters, groundwater lowering ditches, and subsurface groundwater lowering
drainage systems shall be 100 feet if the treatment units are designed to meet
a Total Nitrogen of 7 mg/l and Total Phosphorus of 3 mg/l effluent limit.
(c) Setbacks in Paragraph (a) of this Rule to surface
waters, groundwater lowering ditches, and subsurface groundwater lowering
drainage systems shall be 50 feet if the treatment units are designed to meet a
Total Nitrogen of 4 mg/l and Total Phosphorus of 2 mg/l effluent limit. This
setback provision does not apply to SA waters.
(d) Treatment and storage facilities associated with
systems permitted under this Section shall adhere to the setback requirements
in Section .0500 of this Subchapter except as provided in this Rule.
(e) Setback waivers shall be written, notarized, signed by
all parties involved and recorded with the County Register of Deeds. Waivers
involving the compliance boundary shall be in accordance with 15A NCAC 02L
.0107.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0707 OPERATION AND MAINTENANCE PLAN
An operation and maintenance plan shall be maintained for
all systems. The plan shall:
(1) describe the operation of the system in sufficient
detail to show what operations are necessary for the system to function and by
whom the functions are to be conducted;
(2) describe anticipated maintenance of the system;
(3) include provisions for safety measures including
restriction of access to the site and equipment, as appropriate; and
(4) include spill control provisions including:
(A) response to upsets and bypasses including
control, containment, and remediation; and
(B) contact information for plant personnel,
emergency responders, and regulatory agencies.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0708 RESIDUALS MANAGEMENT PLAN
A Residuals Management Plan shall be maintained for all
systems that generate residuals. The plan must include the following:
(1) a detailed explanation as to how the residuals will
be collected, handled, processed, stored and disposed of;
(2) an evaluation of the residuals storage requirements
for the treatment facility based upon the maximum anticipated residuals
production rate and ability to remove residuals;
(3) a permit for residuals utilization, a written
commitment to the Permittee of a Department approved residuals
disposal/utilization program accepting the residuals which demonstrates that
the approved program has adequate capacity to accept the residuals, or that an
application for approval has been submitted; and
(4) if oil, grease, grit, or screenings removal and
collection is a designed unit process, a detailed explanation as to how the
oil/grease will be collected, handled, processed, stored and disposed.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
SECTION .0800 – OTHER NON-DISCHARGE WASTEWATER SYSTEMS
15A NCAC 02T .0801 SCOPE
This Section applies to systems not specifically regulated
by other rules in this Subchapter in which the waste is disposed of by ground
absorption systems or other non-discharge systems such as infiltration lagoons
and evaporative systems as well as authorizations to construct for NPDES
facilities.
History Note: Authority G.S. 143-215.1; 143-215.3(a.);
Eff. September 1, 2006.
15A NCAC 02T .0802 reserved for future codification
15A NCAC 02T .0803 reserved for future codification
15A NCAC 02T .0804 APPLICATION SUBMITTAL
Submittal requirements shall be the same as systems
permitted under 15A NCAC 02T .0504 except those that are not applicable to
authorization to construct type permits (e.g., soils report, hydrogeological investigations,
or receiver site management plan).
History Note: Authority G.S. 143-215.1; 143-215.3(a.);
Eff. September 1, 2006.
15A NCAC 02T .0805 DESIGN CRITERIA
Design requirements shall be the same as systems permitted
under 15A NCAC 02T .0505 except those that are not applicable to authorization
to construct type permits (e.g. degree of treatment and irrigation system
design requirements) or specifically addressed by Section 15A NCAC 02H .0100.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .0806 SETBACKS
Setbacks shall be the same as those listed in 15A NCAC 02T .0506
except infiltration basins, which shall meet the setbacks listed in 15A NCAC
02T .0706 for infiltration units.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
SECTION .0900 – RECLAIMED WATER SYSTEMS
15A NCAC 02T .0901 SCOPE
15A NCAC 02T .0902 DEFINITIONS
15A NCAC 02T .0903 PERMITTING BY REGULATION
15A NCAC 02T .0904 APPLICATION SUBMITTAL – CONJUNCTIVE SYSTEMS
15A NCAC 02T .0905 APPLICATION SUBMITTAL – NON-CONJUNCTIVE
SYSTEMS
15A NCAC 02T .0906 RECLAIMED WATER EFFLUENT STANDARDS
15A NCAC 02T .0907 DESIGN CRITERIA FOR WASTEWATER TREATMENT
FACILITIES – CONJUNCTIVE SYSTEMS
15A NCAC 02T .0908 DESIGN CRITERIA FOR WASTEWATER TREATMENT
FACILITIES – NON-CONJUNCTIVE SYSTEMS
15A NCAC 02T .0909 DESIGN CRITERIA FOR DISTRIBUTION LINES
15A NCAC 02T .0910 RECLAIMED WATER UTILIZATION
15A NCAC 02T .0911 BULK DISTRIBUTION OF RECLAIMED WATER
15A NCAC 02T .0912 SETBACKS
15A NCAC 02T .0913 OPERATION AND MAINTENANCE PLAN
15A NCAC 02T .0914 RESIDUALS MANAGEMENT PLAN
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Repealed Eff. June 18, 2011.
15A NCAC 02T .0915 LOCAL PROGRAM APPROVAL
History Note: Authority G.S. 143-215.1; 143-215.3(a);
S.L. 2006-250;
Eff. January 1, 2007;
Repealed Eff. June 18, 2011.
section .1000 - CLOSED–LOOP RECYCLE SYSTEMS
15A NCAC 02T .1001 SCOPE
This Section applies to closed–loop recycle systems in which
nondomestic wastewater is repeatedly recycled back through the process in which
the waste was generated. The following systems are not regulated by this
Section:
(1) the reuse or return of wastewater from a permitted
animal waste lagoon facility for waste flushing covered by Section .1300 of
this Subchapter;
(2) the recycling of wastewater from groundwater
remediation systems through an Injection Well or Infiltration Gallery covered
by Section .1600 of this Subchapter;
(3) the reuse of wastewater through treatment and
distribution as reclaimed water covered by Section .0900 of this Subchapter;
and
(4) the recycling of wastewater or well drilling fluids
for well construction, well development, well stimulation, or well
rehabilitation regulated by Article 27 of G.S. 113.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. March 19, 2015.
15A NCAC 02T .1002 reserved for future codification
15A NCAC 02T .1003 PERMITTING BY REGULATION
(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) Return of wastewater contained and under
roof within an industrial or commercial process where there is no anticipated
release of wastewater provided the facility develops and maintains a spill
control plan in the event of a release and no earthen basins are used.
(2) Recycling of rinse water at concrete mixing
facilities for concrete mix removal from equipment provided the wastewater is
contained within concrete structures, there is sufficient storage capacity to
contain the runoff from a 24-hour, 25-year storm event plus one foot freeboard
and the facility develops and maintains a spill control plan in the event of a
wastewater release. The facility must notify the appropriate Division regional
office in writing noting the owner, location, and that the design complies with
the above criteria.
(3) Recycling of wash and rinse water at
vehicle wash facilities provided the wastewater is contained within concrete,
steel or synthetic structures (i.e. not including earthen basins), all vehicle
washing is conducted under roof and there are no precipitation inputs (direct
or indirect), and the facility develops and maintains a spill control plan in
the event of a wastewater release.
(4) The reuse or return of wastewater within
the treatment works of a permitted wastewater treatment system.
(b) The Director may determine that a system should not be
deemed permitted in accordance with this Rule and Rule .0113 of this
Subchapter. This determination shall be made in accordance with Rule .0113(e)
of this Subchapter.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .1004 APPLICATION SUBMITTAL
(a) A general description including how the wastewater is
generated, how the wastewater will be recycled, and contingencies in case of
system failure shall be provided to the Division.
(b) Engineering design documents. If required by G.S. 89C,
a professional engineer shall prepare these documents. The following documents
shall be provided to the Division by the applicant:
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that
preparation of engineering design documents pursuant to this Paragraph
constitutes practicing engineering under G.S. 89C.]
(1) engineering plans for the entire system,
including treatment, storage, application, and disposal facilities and
equipment except those previously permitted unless those previously permitted
are directly tied into the new units or are critical to the understanding of
the complete process;
(2) specifications describing materials to be
used, methods of construction, and means for ensuring quality and integrity of
the finished product;
(3) engineering calculations including
hydraulic and pollutant loading for each treatment unit, treatment unit sizing
criteria, hydraulic profile of the treatment system, total dynamic head and
system curve analysis for each pump, and buoyancy calculations; and
(4) a water balance calculation documenting all
inputs and losses, including residuals, demonstrating the system will not
discharge to waters.
(c) Site plans. If required by G.S. 89C, a professional
land surveyor shall provide location information on boundaries and physical
features not under the purview of other licensed professions. Site plans or
maps shall be provided to the Division depicting the location, orientation and
relationship of facility components including:
[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 G.S. 89C.]
(1) a scaled map of the site, with topographic
contour intervals not exceeding two feet and showing all facility-related
structures and fences within the treatment, storage and disposal areas;
(2) the location of all wells (including usage
and construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within
500 feet of all waste treatment, storage, and disposal site(s) and delineation
of the review and compliance boundaries;
(3) setbacks as required by Rule .1006 of this
Section; and
(4) site property boundaries within 500 feet of
all waste treatment, storage, and disposal site(s).
(d) Property Ownership Documentation shall be provided to
the Division consisting of:
(1) legal documentation of ownership (i.e.,
contract, deed or article of incorporation);
(2) written notarized intent to purchase agreement
signed by both parties, accompanied by a plat or survey map; or
(3) written notarized lease agreement signed
by both parties, specifically indicating the intended use of the property, as
well as a plat or survey map. Lease agreements shall adhere to the
requirements of 15A NCAC 02L .0107(f).
(e) Public utilities shall submit a Certificate of Public
Conveyance and Necessity or a letter from the NC Utilities Commission to the
Division stating that a franchise application has been received.
(f) For industrial waste, a complete chemical analysis of
the typical wastewater to be discharged shall be provided to the Division. The
analysis may include Total Organic Carbon, 5-day Biochemical Oxygen Demand (BOD5),
Chemical Oxygen Demand (COD), Nitrate Nitrogen (NO3-N), Ammonia
Nitrogen (NH3-N), Total Kjeldahl Nitrogen (TKN), pH, Chloride, Total
Phosphorus, Phenol, Ammonia, Total Volatile Organic Compounds, Fecal Coliform,
Calcium, Sodium, Magnesium, Sodium Adsorption Ratio (SAR), Total
Trihalomethanes, Toxicity Test Parameters and Total Dissolved Solids. Nitrates,
Total Nitrogen, Calcium, Sodium, Magnesium, Total Volatile Organics, Total
Coliforms and Total Dissolved Solids.
(g) A detailed explanation as to how the residuals will be
collected, handled, processed, stored and disposed of shall be submitted to the
Division.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .1005 DESIGN CRITERIA
(a) Design criteria related to closed-loop recycle systems in
general.
(1) There shall be no public access to the
wastewater treatment equipment, wastewater storage structures or to the
wastewater within a closed-loop recycle facility.
(2) Where potable water is used to supplement a
closed-loop recycle water system, there shall be an air gap separation between
the potable water and closed-loop recycle water systems.
(b) Design criteria related to treatment and storage units utilized
in closed-loop recycle systems.
(1) The facility shall have the ability to stop
production of effluent, return the effluent back to the treatment facility,
store the effluent, or discharge the effluent to another permitted wastewater
treatment facility when recycling can not be conducted.
(2) Essential treatment units shall be provided
in duplicate where proper operation of the treatment unit is essential to the
operation of the closed-loop recycle system and the operation can not safely or
efficiently be immediately stopped or altered to operate without the
closed-loop recycle system.
(3) An automatically activated standby power
source, system shutdown, or other means shall be employed to prevent improperly
treated wastewater from entering a treated waste water storage structure or
from being recycled where loss of power would create an unsafe condition.
(4) Where they are suitable for reuse, residues
recovered during the treatment process may be recycled through the processes
that generated the wastewater rather than disposed of as a waste.
(5) A water tight seal on all treatment/storage
units or a minimum of two feet protection from the 100-year flood shall be
provided.
(6) Storage units in a closed-loop recycle
system shall be designed to contain the accumulation of water from a 25-year,
24-hour storm event with 1 foot freeboard, unless the system is protected from
rainfall and runoff.
(7) The bottoms of earthen impoundments,
trenches or other similar excavations shall be at least four feet above the
bedrock surface, except that the bottom of excavations which are less than four
feet above bedrock shall have a liner with a hydraulic conductivity no greater
than 1 x 10-7 centimeters per second. Liner thickness shall be that
thickness necessary to achieve a leakage rate consistent with the sensitivity
of classified groundwaters. Liner requirements may be reduced if it can be
demonstrated by predictive calculations or modeling methods acceptable to the
Director that construction and use of these treatment and disposal units will
not result in contravention of surface water or groundwater standards.
(8) Treatment works and disposal systems
utilizing earthen basins, lagoons, ponds or trenches, excluding holding ponds
containing non-industrial treated effluent prior to spray irrigation, for
treatment, storage or disposal shall have either a liner of natural material at
least one foot in thickness and having a hydraulic conductivity of no greater
than 1 x 10-6 centimeters per second when compacted, or a synthetic
liner of sufficient thickness to exhibit structural integrity and an effective
hydraulic conductivity no greater than that of the natural material liner.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .1006 SETBACKS
(a) The setbacks for Treatment/storage units shall be as
follows:
(feet)
Any habitable residence or place of public
assembly under separate ownership or 100
not to be maintained as part
of the project site
Any private or public water supply source 100
Surface waters (streams – intermittent and
perennial, perennial waterbodies, and 50
wetlands)
Any well with the exception of a Division
approved groundwater monitoring well 100
Any property line 50
(b) 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.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .1007 OPERATIONS AND MAINTENANCE PLAN
An Operations and Maintenance Plan shall be maintained for
all systems. The plan shall:
(1) describe the operation of the system in sufficient
detail to show what operations are necessary for the system to function and by
whom the functions are to be conducted;
(2) describe anticipated maintenance of the system;
(3) include provisions for safety measures including
restriction of access to the site and equipment, as appropriate; and
(4) include spill control provisions including:
(a) response to upsets and bypasses including
control, containment, and remediation; and
(b) contact information for plant personnel.
emergency responders, and regulatory agencies.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .1008 RESIDUALS MANAGEMENT PLAN
A Residuals Management Plan shall be maintained for all
systems that generate residuals. The plan must include the following:
(1) a detailed explanation as to how the residuals will
be collected, handled, processed, stored and disposed of;
(2) an evaluation of the residuals storage requirements
for the treatment facility based upon the maximum anticipated residuals
production rate and ability to remove residuals;
(3) a written commitment to the Permittee of a
Division approved, or that an application for approval has been submitted,
residuals disposal/utilization site for the acceptance of the residuals and
which demonstrates that the site has adequate capacity to accept the residuals;
and
(4) if oil, grease, grit, or screenings removal and
collection is a designed unit process, a detailed explanation as to how the
oil/grease will be collected, handled, processed, stored and disposed.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff September 1, 2006.
SECTION .1100 – RESIDUALS MANAGEMENT
15A NCAC 02T .1101 SCOPE
This Section 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 (i.e., dry weight
basis).
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A NCAC 02T .1102 DEFINITIONS
As used in this Section:
(1) "Aerobic digestion" shall mean the
biochemical decomposition of organic matter in residuals into carbon dioxide
and water by microorganisms in the presence of air.
(2) "Agricultural land" shall mean land on
which a food crop, feed crop, or fiber crop is grown.
(3) "Anaerobic digestion" shall mean the
biochemical decomposition of organic matter in residuals into methane gas and
carbon dioxide by microorganisms in the absence of air.
(4) "Bag and other container" shall mean a
bag, bucket, bin, box, carton, vehicle, trailer, tanker, or an open or closed
receptacle with a load capacity of 1.102 short tons or one metric ton or less.
(5) "Base flood" shall mean a flood that has
a one percent change of occurring in any given year (i.e., a flood with a
magnitude equaled once in 100 years).
(6) "Biological residuals" shall mean
residuals that have been generated during the treatment of domestic wastewater,
the treatment of animal processing wastewater, or the biological treatment of
industrial wastewater.
(7) "Biological treatment" shall mean
treatment in a system that utilizes biological processes that shall include
lagoons, activated sludge systems, extended aeration systems, and fixed film
systems.
(8) "Bulk residuals" shall mean residuals
that are transported and not sold or given away in a bag or other container for
application to the land.
(9) "Cover" shall mean soil or other material
used to cover residuals placed in a surface disposal unit.
(10) "Cumulative pollutant loading rate" shall
mean the maximum amount of a pollutant that can be applied to a unit area of
land.
(11) "Dedicated program" shall mean a program
involving the application of bulk residuals in which any of the permitted land
meets the definition of a dedicated land application site.
(12) "Dedicated land application site" shall
mean land:
(a) to which bulk residuals are applied at
greater than agronomic rates,
(b) to which bulk residuals are applied through
fixed irrigation facilities or irrigation facilities fed through a fixed supply
system, or
(c) where the primary use of the land is for the
disposal of bulk residuals, and agricultural crop production is of secondary
importance.
(13) "Density of microorganisms" shall mean the
number of microorganisms per unit mass of total solids (i.e., dry weight basis)
in the residuals.
(14) "Dry weight basis" shall mean the weight
calculated after the residuals have been dried at 105 degrees Celsius until
they reach a constant mass.
(15) "Feed crop" shall mean a crop produced for
consumption by animals.
(16) "Fiber crop" shall mean a crop grown for
fiber production. This shall include flax and cotton.
(17) "Food crop" shall mean a crop produced for
consumption by humans. This shall include fruits, vegetables, and tobacco.
(18) "Grit" shall mean sand, gravel, cinders,
or other materials with a high specific gravity generated during preliminary
treatment of wastewater in a wastewater treatment facility.
(19) "Incorporation" shall mean the mixing of
residuals with top soil to a minimum depth of four inches by methods such as
discing, plowing, and rototilling.
(20) "Injection" shall mean the subsurface
application of liquid residuals to a depth of four to 12 inches.
(21) "Land application" shall mean the spraying
or spreading of residuals onto the land surface; the injection of residuals
below the land surface; or the incorporation of residuals into the soil so that
the residuals can condition the soil or fertilize crops or vegetation grown in
the soil.
(22) "Lower explosive limit for methane gas"
shall mean the lowest percentage of methane gas in air, by volume, that
propagates a flame at 25 degrees Celsius and atmospheric pressure.
(23) "Monthly average" shall mean the
arithmetic mean of all measurements taken during the month.
(24) "Pathogens" shall mean disease-causing
organisms including disease-causing bacteria, protozoa, viruses, and viable
helminth ova.
(25) "Place residuals" shall mean to dispose of
residuals in a surface disposal unit.
(26) "Person who prepares residuals" shall mean
either the person who generates residuals during the treatment of waste in a
wastewater treatment facility or the person who derives a material from
residuals.
(27) "Pollutant limit" shall mean a numerical
value that describes the amount of a pollutant allowed per unit amount of
residuals or the amount of a pollutant that can be applied to a unit area of
land.
(28) "Public contact site" shall mean land with
a high potential for contact by the public as defined in 40 CFR 503.11(l).
This shall include public parks, ball fields, cemeteries, plant nurseries, turf
farms, and golf courses.
(29) "Runoff" shall mean rainwater, leachate,
or other liquid that drains overland and runs off of the land surface.
(30) "Screenings" shall mean rags or other
relatively large materials generated during preliminary treatment of wastewater
in a wastewater treatment facility.
(31) "Seismic impact zone" shall mean an area
that has a 10 percent or greater probability that the horizontal ground level
acceleration of the rock in the area exceeds 0.10 gravity once in 250 years.
(32) "Specific oxygen uptake rate (SOUR)" shall
mean the mass of oxygen consumed per unit time per unit mass of total solids
(i.e., dry weight basis) in the residuals.
(33) "Surface disposal unit" shall mean the
land on which only residuals are placed for final disposal, not including land
on which residuals is either treated or stored. This shall include monofills,
lagoons, and trenches.
(34) "Surface disposal unit boundary" shall
mean the outermost perimeter of a surface disposal unit.
(35) "Total solids" shall mean the materials
that remain as residue after the residuals have been dried at between 103 and
105 degrees Celsius until they reach a constant mass.
(36) "Water treatment residuals" shall mean
residuals that have been generated during the treatment of potable or process
water.
(37) "Unstabilized residuals" shall mean
residuals that have not been treated in either an aerobic or an anaerobic
treatment process.
(38) "Unstable area" shall mean land subject to
natural or human-induced forces that may damage the structural components of a
surface disposal unit. This shall include land on which the soils are subject
to mass movement.
(39) "Vector attraction" shall mean the characteristic
of residuals that attracts rodents, flies, mosquitoes, or other organisms
capable of transporting infectious agents.
(40) "Volatile solids" shall mean the amount of
the total solids in the residuals lost when they are combusted at 550 degrees
Celsius in the presence of excess air.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A ncac 02T .1103 PERMITTING BY REGULATION
(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) Preparation for land application, use, or
disposal of residuals in a solid waste facility permitted by the Division of
Waste Management that is approved to receive the residuals.
(2) Land application of residuals that have
been prepared for land application in a solid waste facility permitted by the
Division of Waste Management approved to receive the residuals as long as the
requirements of this Section are met.
(3) Land application sites onto which residuals
that are sold or given away in a bag or other container, are applied provided
the following criteria is 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 or bag or
other container label as required in Rule .1109(a) of this Section.
(4) Land application sites onto which bulk
biological residuals are applied, provided that the residuals and activities
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)(1) and Rule .1109(b) of this Section.
(5) Land application sites onto which residuals
generated from the treatment of potable or fresh water or that are generated
from the treatment of non-biological industrial wastewater with no domestic or
municipal wastewater contributions are applied, provided that the residuals and
activities meet the following criteria:
(A) the residuals meet the pollutant limits in Rule
.1105(a) and Rule .1105(c) of this Section,
(B) the residuals meet the pathogen requirements in Rule
.1106(b) of this Section, and
(C) the land application activities meet all applicable
conditions of Rule .1108(b)(1) and Rule .1109 of this Section.
(6) Transportation of residuals from the
residuals generating source facility to other Division or Division of Waste
Management facilities approved to treat, store, use, or dispose the residuals.
(b) The Director may determine that a system should not be
deemed permitted in accordance with this Rule and Rule .0113 of this
Subchapter. This determination shall be made in accordance with Rule .0113(e)
of this Subchapter.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A ncac 02T .1104 APPLICATION SUBMITTAL
(a) For new and expanding residuals treatment and storage
facilities:
(1) Site plans. If required by G.S. 89C, a
professional land surveyor shall provide location information on boundaries and
physical features not under the purview of other licensed professions. Site
plans or maps shall be provided to the Division by the applicant depicting the
location, orientation and relationship of facility components including:
[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 G.S. 89C.]
(A) a scaled map of the site, with topographic contour
intervals not exceeding 10 feet or 25 percent of total site relief and showing
all facility-related structures and fences within the treatment and storage
areas;
(B) the location of all wells (including usage and
construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within
500 feet of all treatment and storage facilities and delineation of the review
and compliance boundaries;
(C) setbacks as required by Rule .1108 of this Section;
and
(D) site property boundaries within 500 feet of all
treatment and storage facilities.
(2) Engineering design documents. If required
by G.S. 89C, a professional engineer shall prepare these documents. The
following documents shall be provided to the Division by the applicant:
[Note: The North Carolina Board of
Examiners for Engineers and Surveyors has determined, via letter dated December
1, 2005, that preparation of engineering design documents pursuant to this
Paragraph constitutes practicing engineering under G.S. 89C.]
(A) engineering plans for the facilities and equipment
except those previously permitted unless they are directly tied into the new
units or are critical to the understanding of the complete process;
(B) specifications describing materials to be used,
methods of construction, and means for ensuring quality and integrity of the
finished product including leakage testing; and
(C) engineering calculations including hydraulic and
pollutant loading for each unit, unit sizing criteria, hydraulic profile of the
facilities, total dynamic head and system curve analysis for each pump, and
buoyancy calculations.
(b) For new and modified sources of residuals:
(1) Site maps shall be provided to the Division
by the applicant depicting the location of the source.
(2) A complete analysis of the residuals shall
be provided to the Division by the applicant. The analysis may include all
pollutants identified in Rule .1105 of this Section, nutrients and
micronutrients, hazardous waste characterization tests, and proof of compliance
with Rule .1106 and Rule .1107 of this Section if applicable.
(3) A sampling/monitoring plan that describes
how compliance with Rule .1105, Rule .1106, and Rule .1107 of this Section if
applicable shall be provided to the Division by the applicant.
(c) For new and expanding non-dedicated land application
sites:
(1) Buffer maps shall be provided to the
Division by the applicant depicting the location, orientation and relationship
of land application site features including:
(A) a scaled map of the land application site, showing
all related structures and fences within the land application area;
(B) the location of all wells, streams (ephemeral, intermittent,
and perennial), springs, lakes, ponds, and other surface drainage features
within 500 feet of the land application area and delineation of the review and
compliance boundaries;
(C) setbacks as required by Rule .1108 of this Section;
and
(D) property boundaries within 500 feet of the land
application site.
(2) Soils Report. A soil evaluation of the
land application site shall be provided to the Division by the applicant. This
evaluation shall be presented in a report that includes the following. If
required by G.S. 89F, a soil scientist shall prepare this evaluation:
[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.]
(A) Confirmation of a county soils map, soil evaluation,
and verification of the presence or absence of a seasonal high water table
within three feet of land surface or establishment of a soil map through field
description of soil profile, based on examinations of excavation pits or auger
borings, within seven feet of land surface or to bedrock describing the
following parameters by individual diagnostic horizons: thickness of the
horizon; texture; color and other diagnostic features; structure; internal
drainage; depth, thickness, and type of restrictive horizon(s); and presence or
absence and depth of evidence of any seasonal high water table (SHWT).
(B) A representative soils analysis for standard soil
fertility and all pollutants listed in Rule .1105(b) of this Section. The
Standard Soil Fertility Analysis shall include the following parameters:
acidity; base saturation (by calculation); calcium; cation exchange capacity;
copper; exchangeable sodium percentage (by calculation); magnesium; manganese;
percent humic matter; pH; phosphorus; potassium; sodium, and zinc.
(3) A project evaluation and a land application
site management plan (if applicable) with recommendations concerning cover
crops and their ability to accept the proposed application rates of liquid,
solids, minerals and other constituents of the residuals shall be provided to
the Division.
(4) Unless the land application site is owned
by the Permittee, property ownership documentation consisting of a notarized
landowner agreement shall be provided to the Division.
(d) For new and expanding dedicated land application sites:
(1) Site plans. If required by G.S. 89C, a
professional land surveyor shall provide location information on boundaries and
physical features not under the purview of other licensed professions. Site
plans or maps shall be provided to the Division by the applicant depicting the
location, orientation and relationship of land application site features
including:
[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 G.S. 89C.]
(A) a scaled map of the site, with topographic contour
intervals not exceeding 10 feet or 25 percent of total site relief and showing
all facility-related structures and fences within the land application area;
(B) the location of all wells (including usage and
construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within
500 feet of the land application site and delineation of the review and
compliance boundaries;
(C) setbacks as required by Rule .1108 of this Section;
and
(D) property boundaries within 500 feet of the land
application site.
(2) Engineering design documents (for land
applications sites onto which bulk residuals are applied through fixed
irrigation facilities or irrigation facilities fed through a fixed supply
system only). If required by G.S. 89C, a professional engineer shall prepare
these documents. The following documents shall be provided to the Division by
the applicant:
[Note: The North Carolina Board of
Examiners for Engineers and Surveyors has determined, via letter dated December
1, 2005, that preparation of engineering design documents pursuant to this
Paragraph constitutes practicing engineering under G.S. 89C.]
(A) engineering plans for the facilities and equipment
except those previously permitted unless they are directly tied into the new
units or are critical to the understanding of the complete process;
(B) specifications describing materials to be used,
methods of construction, and means for ensuring quality and integrity of the
finished product including leakage testing; and
(C) engineering calculations including hydraulic and
pollutant loading, sizing criteria, hydraulic profile, total dynamic head and
system curve analysis for each pump, and irrigation design.
(3) Soils Report. A soil evaluation of the
land application site shall be provided. This evaluation shall be presented to
the Division by the applicant in a report that includes the following. If
required by G.S. 89F, a soil scientist shall prepare this evaluation:
[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.]
(A) Field description of soil profile, based on
examinations of excavation pits or auger borings, within seven feet of land
surface or to bedrock describing the following parameters by individual
diagnostic horizons: thickness of the horizon; texture; color and other
diagnostic features; structure; internal drainage; depth, thickness, and type
of restrictive horizon(s); and presence or absence and depth of evidence of any
seasonal high water table (SHWT). Applicants shall dig pits if necessary for
proper evaluation of the soils at the site.
(B) Recommendations concerning loading rates of liquids,
solids, other residuals constituents and amendments (i.e., for land application
sites onto which bulk residuals are applied through fixed irrigation facilities
or irrigation facilities fed through a fixed supply system only). Annual
hydraulic loading rates shall be based on in-situ measurement of saturated
hydraulic conductivity in the most restrictive horizon for each soil mapping
unit. Maximum irrigation precipitation rates shall be provided for each soil
mapping unit.
(C) A soil map delineating soil mapping units within the
land application site and showing all physical features, location of pits and
auger borings, legends, scale, and a north arrow.
(D) A representative soils analysis for standard soil
fertility and all pollutants listed in Rule .1105(b) of this Section. The
Standard Soil Fertility Analysis shall include the following parameters:
acidity, base saturation (by calculation), calcium, cation exchange capacity,
copper, exchangeable sodium percentage (by calculation), magnesium, manganese,
percent humic matter, pH, phosphorus, potassium, sodium, and zinc.
(4) A hydrogeologic description prepared by a
Licensed Geologist, License Soil Scientist, or Professional Engineer if
required by Chapters 89E, 89F, or 89C respectively of the subsurface to a depth
of 20 feet or bedrock, whichever is less, shall be provided to the Division by
the applicant. 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 the following components:
[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 G.S.
89E, soil science under G.S. 89F, or engineering under G.S. 89C.]
(A) a description of the regional and local geology and
hydrogeology;
(B) a description, based on field observations of the
land application site, of the land application site topographic setting,
streams, springs and other groundwater discharge features, drainage features,
existing and abandoned wells, rock outcrops, and other features that may affect
the movement of the contaminant plume and treated wastewater;
(C) changes in lithology underlying the land application
site;
(D) depth to bedrock and occurrence of any rock
outcrops;
(E) the hydraulic conductivity and transmissivity of
the affected aquifer(s);
(F) depth to the seasonal high water table;
(G) a discussion of the relationship between the
affected aquifers of the land application site to local and regional geologic
and hydrogeologic features;
(H) a discussion of the groundwater flow regime of the
land application site prior to operation of the proposed site and post
operation of the proposed site focusing on the relationship of the site to
groundwater receptors, groundwater discharge features, and groundwater flow
media; and
(I) if residuals are applied through fixed irrigation
facilities or irrigation facilities fed through a fixed supply system only and
if the SHWT is within six feet of the surface, a mounding analysis to predict
the level of the SHWT after residuals land application.
(5) For land application sites onto which bulk
residuals are applied through fixed irrigation facilities or irrigation facilities
fed through a fixed supply system only, a water balance shall be provided to
the Division by the applicant that determines required residuals storage based
upon the most limiting factor of the hydraulic loading based on either the most
restrictive horizon or groundwater mounding analysis; or nutrient management
based on either agronomic rates for the specified cover crop or crop management
requirements.
(6) A project evaluation and a receiver site
management plan (if applicable) with recommendations concerning cover crops and
their ability to accept the proposed application rates of liquid, solids,
minerals and other constituents of the residuals shall be provided to the
Division by the applicant.
(7) Property Ownership Documentation shall be
provided to the Division by the applicant consisting of:
(A) legal documentation of ownership (i.e., contract,
deed or article of incorporation);
(B) written notarized intent to purchase agreement
signed by both parties, accompanied by a plat or survey map; or
(C) written notarized lease agreement signed by both
parties, specifically indicating the intended use of the property, as well as a
plat or survey map. Lease agreements shall adhere to the requirements of 15A
NCAC 02L .0107.
(e) For new and expanding surface disposal units:
(1) Site plans. If required by G.S. 89C, a
professional land surveyor shall provide location information on boundaries and
physical features not under the purview of other licensed professions. Site
plans or maps shall be provided to the Division by the applicant depicting the
location, orientation and relationship of the surface disposal unit features
including:
[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 G.S. 89C.]
(A) a scaled map of the surface disposal unit, with
topographic contour intervals not exceeding 10 feet or 25 percent of total site
relief and showing all surface disposal unit-related structures and fences
within the surface disposal unit;
(B) the location of all wells (including usage and
construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within
500 feet of the surface disposal unit and delineation of the review and
compliance boundaries;
(C) setbacks as required by Rule .1108 of this Section;
and
(D) site property boundaries within 500 feet of the
surface disposal unit.
(2) Engineering design documents. If required
by G.S. 89C, a professional engineer shall prepare these documents. The
following documents shall be provided to the Division by the applicant:
[Note: The North Carolina Board of
Examiners for Engineers and Surveyors has determined, via letter dated December
1, 2005, that preparation of engineering design documents pursuant to this
Paragraph constitutes practicing engineering under G.S. 89C.]
(A) engineering plans for the surface disposal unit and
equipment except those previously permitted unless they are directly tied into
the new units or are critical to the understanding of the complete process;
(B) specifications describing materials to be used,
methods of construction, and means for ensuring quality and integrity of the
finished product including leakage testing; and
(C) engineering calculations including hydraulic and
pollutant loading, sizing criteria, hydraulic profile, and total dynamic head
and system curve analysis for each pump.
(3) Soils Report. A soil evaluation of the
surface disposal unit site shall be provided to the Division by the applicant
in a report that includes the following. If required by G.S. 89F, a soil
scientist shall prepare this evaluation:
[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.]
(A) Field description of soil profile, based on
examinations of excavation pits or auger borings, within seven feet of land
surface or to bedrock describing the following parameters by individual
diagnostic horizons: thickness of the horizon; texture; color and other
diagnostic features; structure; internal drainage; depth, thickness, and type
of restrictive horizon(s); and presence or absence and depth of evidence of any
seasonal high water table (SHWT). Applicants may be required to dig pits when
necessary for proper evaluation of the soils at the site.
(B) A soil map delineating major soil mapping units
within the surface disposal unit site and showing all physical features,
location of pits and auger borings, legends, scale, and a north arrow.
(4) A hydrogeologic description prepared by a
Licensed Geologist, License Soil Scientist, or Professional Engineer if
required by Chapters 89E, 89F, or 89C respectively of the subsurface to a depth
of 20 feet or bedrock, whichever is less, shall be provided to the Division by
the applicant. 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 include geophysical well logs, surface geophysical surveys,
and tracer studies. This evaluation shall be presented in a report that
includes the following components:
[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 G.S.
89E, soil science under G.S. 89F, or engineering under G.S. 89C.]
(A) a description of the regional and local geology and
hydrogeology;
(B) a description, based on field observations of the
site, of the site topographic setting, streams, springs and other groundwater
discharge features, drainage features, existing and abandoned wells, rock
outcrops, and other features that may affect the movement of the contaminant
plume and treated wastewater;
(C) changes in lithology underlying the site;
(D) depth to bedrock and occurrence of any rock
outcrops;
(E) the hydraulic conductivity and transmissivity of
the affected aquifer(s);
(F) depth to the seasonal high water table;
(G) a discussion of the relationship between the
affected aquifers of the site to local and regional geologic and hydrogeologic
features; and
(H) a discussion of the groundwater flow regime of the
site prior to operation of the proposed unit and post operation of the proposed
unit focusing on the relationship of the unit to groundwater receptors,
groundwater discharge features, and groundwater flow media.
(5) Property Ownership Documentation shall be
provided to the Division by the applicant consisting of:
(A) legal documentation of ownership (i.e., contract,
deed or article of incorporation);
(B) written notarized intent to purchase agreement
signed by both parties, accompanied by a plat or survey map; or
(C) written notarized lease agreement signed by both
parties, specifically indicating the intended use of the property, as well as a
plat or survey map. Lease agreements shall adhere to the requirements of 15A
NCAC 02L .0107.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A ncac 02T .1105 POLLUTANT LIMITS
(a) Bulk residuals or residuals that are sold or given away
in a bag or other container shall not be applied to the land if the
concentration of any pollutant in the residuals 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
(b) Bulk residuals shall not be 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):
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 with
the cumulative pollutant loading rates 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 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.
(c) Bulk 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):
Pollutant Monthly
Average Concentration
(milligrams per kilogram)
Arsenic 41
Cadmium 39
Copper 1,500
Lead 300
Mercury 17
Nickel 420
Selenium 100
Zinc 2,800
(d) Bulk residuals shall not be placed in a surface
disposal unit if the concentration of any pollutant in the residuals exceeds
the concentration for that pollutant as stipulated in the following (i.e., on a
dry weight basis):
Distance from Surface Disposal
Unit Ceiling Concentration
Boundary to Closest Property
Line (milligrams per kilogram)
(meters)
Arsenic Chromium Nickel
0 to less than 25
30 200 210
25 to less than 50
34 220 240
50 to less than 75
39 260 270
75 to less than 100
46 300 320
100 to less than 125
53 360 390
125 and greater
62 450 420
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006.
15A ncac 02T .1106 PATHOGEN REDUCTION REQUIREMENTS
(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.
(b) For biological residuals to be classified as Class A
with respect to pathogens, the following shall be met:
(1) The requirements in this Paragraph are met
either prior to meeting or at the same time as vector attraction reduction
requirements in Rule .1107 of this Section are met, unless the 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 residuals are monitored at
the time that the biological residuals are used or disposed or are prepared for
sale or giving away in a bag or other container for application to the land for
the density of fecal coliform or Salmonella sp. bacteria to demonstrate the
following:
(A) the density of fecal coliform is less than 1,000
Most Probable Number per gram of total solids (i.e., dry weight basis), or
(B) the density of Salmonella sp. bacteria is less than
three Most Probable Number per four grams of total solids (i.e., dry weight
basis).
(3) The biological residuals meet one of the
following alternatives:
(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)
³
7 ³ 50
³ 20 minutes 131,700,000
100.1400t
³
7 ³ 50
³ 15 seconds1
131,700,000
100.1400t
< 7
³ 50 ³ 15 seconds 131,700,000