section .0100 – general requirements

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 02 - environmental management/subchapter t/subchapter t rules.html
Published: 2015

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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