08RUL

SECTION .0800 - SEPTAGE MANAGEMENT

Rules .0801 - .0814 of Title 15A Subchapter 13B of the North Carolina Administrative Code (T15A.13B .0801 - .0814); have been transferred and recodified from Rules .0901 - .0914 of Title 10 Subchapter 10G of the North Carolina Administrative Code (T10.10G .0901 - .0914), effective April 4, 1990.

Sections .0801 through .0814 are Repealed effective October 1, 1995.

.0815 INCORPORATION BY REFERENCE

(a) All sections of the Code of Federal Regulations (CFR) cited in this Section are hereby incorporated by reference, including subsequent amendments or additions.

(b) Copies of Federal statutes, test methods and procedures, and other published standards referenced in this Section are hereby incorporated by reference, including subsequent amendments or additions, and may be obtained from the Solid Waste Section at no cost.

(c) Copies of all material incorporated by reference are available for inspection at the Department of Environment, Health, and Natural Resources, Division of Waste Management, Solid Waste Section,1646 Mail Service Center, Raleigh, NC 27699-1646.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0816 DEFINITIONS

As used in this Section:

(1) "Annual septage application rate" means the maximum amount, in gallons, of septage that can be applied to a unit area of land during a 365 day period.

(2) "Place of business" means any store, warehouse, manufacturing establishment, place of amusement or recreation, service station, food handling establishment, office, or any other place where people work or are served.

(3) "Place of public assembly" means any fairground, auditorium, stadium, church, campground, theater, school, or any other place where people gather or congregate.

(4) "Residence" means any habitable home, hotel, motel, summer camp, labor work camp, mobile home, dwelling unit in a multiple-family structure, or any other place where people reside.

(5) "Rock" means the consolidated or partially consolidated mineral matter or aggregate, including bedrock or weathered rock, not exhibiting the properties of soil.

(6) "Septage" means septage as defined in G.S. 130A-290(a)(32) and also shall include washings from the interior of septage handling containers, including pumper trucks.

(7) "Septage Management Facility" means land, personnel, and equipment used in the management of septage, including but not limited to, land application sites.

(8) "Soil" means the unconsolidated mineral and organic material of the land surface. It consists of sand, silt, and clay minerals and variable amounts of organic materials.

(9) "Soil textural classes" means soil classification based upon size distribution of mineral particles in the fine-earth fraction less than two millimeters in diameter. The fine-earth fraction includes sand (2.0 - 0.05 mm in size), silt (0.05 mm -0.002 mm), and clay (less than 0.002 mm in size) particles. The specific textural classes are defined as follows:

(a) "Sand" means soil material that contains 85 percent or more of sand; the percentage of silt plus 1.5 times the percentage of clay shall not exceed 15;

(b) "Loamy sand" means soil material that contains at the upper limit 85 to 90 percent sand, and the percentage silt plus 1.5 times the percentage of clay is not less than 15; at the lower limit it contains not less than 70 to 85 percent sand, and the percentage of silt plus twice the percentage of clay does not exceed 30;

(c) "Sandy loam" means soil material that contains either 20 percent clay or less, and the percentage of silt plus twice the percentage of clay exceeds 30, and contains 52 percent or more sand; or less than 7 percent clay, less than 50 percent silt, and between 43 and 52 percent sand;

(d) "Loam" means soil material that contains 7 to 27 percent clay, 28 to 50 percent silt, and less than 52 percent sand;

(e) "Silt loam" means soil material that contains 50 percent or more silt and 12 to 27 percent clay; or contains 50 to 80 percent silt and less than 12 percent clay;

(f) "Silt" means soil material that contains 80 percent or more silt and less than 12 percent clay; (g) "Sandy clay loam" means soil material that contains 20 to 35 percent clay, less than 28 percent silt, and 45 percent or more sand;

(h) "Clay loam" means soil material that contains 27 to 40 percent clay and 20 to 45 percent sand;

(i) "Silty clay loam" means soil material that contains 27 to 40 percent clay and less than 20 percent sand;

(j) "Sandy clay" means soil material that contains 35 percent or more clay and 45 percent or more sand;

(k) "Silty clay" means soil material that contains 40 percent or more clay and 40 percent or more silt; and (l) "Clay" means soil material that contains 40 percent or more clay, less than 45 percent sand, and less than 40 percent silt.

(10) "Treatment of septage" means the preparation of septage for final use or disposal. Treatment includes, but is not limited to, thickening, stabilization, and dewatering of septage. Treatment does not include storage of septage.

(11) Definitions in 40 CFR 503.9(d), (g), (h), (j), (k), (l), (r), (t), (u), (v), (w), (bb), and in 40 CFR 503.11(a), (b), (c), (d), (f), (g), (h), (i), (k), (l), (m), (n) are incorporated by reference including subsequent amendments and editions. Copies of the Code of Federal Regulations may be obtained from the Solid Waste Section at no cost.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0817 SEPTAGE MANAGEMENT FIRM PERMITS

(a) No person shall operate a Septage Management Firm without first obtaining a permit from the Division as required under G.S. 130A-291.1(c).

(b) The permit requirement of G.S. 130A-291.1(c) applies to persons who manage septage generated from properties which they own, lease or manage as part of a business, including but not limited to mobile homes, mobile home parks, and other residential and commercial property.

(c) No person shall manage or dispose of waste from portable toilet(s), regardless of ownership of the toilet(s), unless that person is permitted to operate a septage management firm.

(d) To apply for a permit, a person proposing to operate a septage management firm shall submit the following information to the Division by January 1 of each year:

(1) Owner's name, address and phone number;

(2) Business name, address and phone number;

(3) Type(s) of septage handled;

(4) Number of pumper trucks;

(5) Capacity and type of septage handled by each pumper truck;

(6) Vehicle license and serial numbers of each pumper truck;

(7) Counties in which the firm operates;

(8) Disposal method(s) for septage;

(9) Permit number for each septage land application site to be used;

(10) Other technical information pertinent to the operation of a septage management firm that has significant potential to harm the environment in accordance with this Section;

(11) Written authorization on official letterhead or a notarized wastewater treatment plant authorization form shall be submitted from an individual responsible for the operation of each wastewater treatment plant used for disposal indicating:

(A) Type(s) of septage which can be discharged at the plant; (B) Where septage can be discharged at the plant or in the collection system; (C) Geographic area from which septage will be accepted; and

(D) Duration of authorization.

(12) The appropriate annual permit fee in accordance with G.S. 130A-291.1(e).

(e) A septage management firm permit shall not be issued unless the applicant has submitted to the Division written documentation of authorized access to dispose of septage at a wastewater treatment plant, a permitted septage land application site, or other permitted septage treatment facility. Documentation from each plant, site, or other facility shall include the types and amount of septage which may be discharged.

(f) Septage management firm permits shall not be issued until all parts of the application have been completed to the satisfaction of the Division.

(g) The Division may refuse to process a permit application if the applicant has any unsettled administrative penalties, overdue penalty payments, or pump trucks that do not meet the requirements of this Section.

(h) Septage management firm permits are issued for one calendar year, beginning January 1. Permits issued after January 1, shall be effective only until December 31 of that calendar year. Permits are non-transferable.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0818 PERMIT FEES

(a) Every septage management firm shall pay an annual permit fee by January 1 of each year in accordance with G.S. 130A-291.1(e), unless the firm notifies the Division prior to January 1 that the firm will not operate during the next year. Fees shall be paid to the Division of Waste Management, Solid Waste Section, 1646 Mail Service Center, Raleigh, NC 27699-1646. This fee may be paid by check or money order made payable to the Division of Solid Waste Management.

(b) Failure to apply for permit renewal or failure to pay the permit fee by January 1 shall result in assessment of an administrative penalty pursuant to G.S. 130A-22(a) equal to one-half the fee set forth in G.S. 130A-291.1(e). Failure to pay the fee and the administrative penalty within 45 days after January 1 shall result in an additional administrative penalty of ten dollars ($10.00) per day for each day thereafter that the fee and penalty are not paid.

(c) Annual permit renewal, including fee payment, shall be the responsibility of the operator of the septage management firm. If the operator did not receive annual permit renewal forms, it shall not be a defense to assessment of late fees.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0819 SEPTAGE LAND APPLICATION SITE PERMITS

(a) Pursuant to G.S. 130A-291(d), no person shall dispose of septage or any part of septage other than in a wastewater treatment system permitted to accept septage under the rules of the Commission for Health Services or the Environmental Management Commission; or by land application at a site permitted under the rules of this Section. Disposal of septage by trenching or burial is prohibited under the rules of this Section.

(b) Domestic septage, as defined in G.S. 130A-290, treated to meet the standard for Class A sewage sludge in accordance with the federal regulations for pathogen and vector attraction reduction in 40 CFR Part 503, Subpart D, may be permitted by the Division for application to public contact sites, home lawns and gardens, or to be sold or given away in a bag or other container, provided pollutant limits in 40 CFR 503.13 are not exceeded. Persons who prepare the septage, and persons who derive material from the septage, shall comply with the applicable record keeping requirements in 40 CFR 503.17(a)(1), (2), or (6). All treatment methods and facilities shall also require a permit from the Division under this Section.

(c) No person shall establish, or allow to be established on his land, a septage management facility, or otherwise treat, store, or dispose, by land application or otherwise, septage or any component of septage unless a permit for the facility has been obtained from the Division.

(d) To apply for a permit for a septage land application site, the following information shall be submitted to the Division:

(1) Location of the site;

(2) Name, address, and phone number of the owner or the owner's legal representative in control of the site;

(3) Types of septage (as defined in G.S. 130A-290) and the annual volume of each type of septage proposed for land application;

(4) Substances other than septage previously disposed of at this location, and the amounts of those substances;

(5) Proposed distribution plan if required in Paragraph (e) Rule .0821 of this Section; (6) Alternative plan for the detention or disposal of septage during adverse weather conditions;

(7) Treatment method for each type of septage to be discharged and the permit number of any treatment facilities;

(8) Written authorization to operate a septage disposal site signed by the landowner(s) (if other than the permittee) or his authorized legal representative;

(9) Nutrient management plan developed in accordance with Subparagraph (a)(13) of Rule .0822 of this Section and approved by the Division;

(10) Erosion and runoff control plan approved by the Division; (11) A written report that documents compliance with Rule .0821 of this Section prepared by a Soil Scientist, or an individual with at least three years experience in the comprehensive evaluation of soils for the land application of septage;

(12) Aerial photography extending for a distance of at least 2500 feet in all directions from the site, with site property boundaries accurately depicted. Photograph scale shall be 1" = 400 feet or greater if available, but in no case less than 1" = 660 feet;

(13) A background soil analysis of each field indicating soil class, cation exchange capacity, percent base saturation, acidity, pH, and levels of potassium, phosphorus, calcium, zinc, and copper;

(14) Vicinity map (county road map) showing the site location;

(15) Demonstration from the appropriate State or Federal Government agency that the land application site complies with Paragraph (g) of Rule .0821 of this Section if any part of the site specified for land application is not agricultural land;

(16) Other technical information pertinent to the suitability of the proposed site that has significant potential to harm the environment as requested by the Division; and

(17) An applicant who proposes to land apply septage, as defined in G.S. 130A-290, in excess of 50,000 gallons per acre per year or on a public contact site, shall provide the Division evidence of adequate public notice and the applicant shall have successfully completed the Land Application of Residuals and Biosolids Course given by the Department of Environment, Health, and Natural Resources. Permits shall not be issued prior to the end of the public notice period.

(e) Applications shall be submitted to the Division of Waste Management, Solid Waste Section, 1646 Mail Service Center, Raleigh, NC 27699-1646. Applications for permits will not be reviewed until all parts of the application have been properly completed and submitted to the Division.

(f) Applications for sites or treatment methods which do not meet the standards in accordance with this Section shall be denied.

(g) Applications for subsequent permits shall be submitted to the Division at least 90 days prior to the expiration date of the permit. The Division will notify permittees of site permit expiration dates 120 days prior to permit expiration.

(h) Applications for permit modifications shall be required for the following changes:

(1) Permit holder;

(2) Property ownership;

(3) Annual application rates; and

(4) Types of septage discharged.

(i) Applications for subsequent permits submitted in accordance with Paragraph (g) of this Rule and applications for permit modifications may not be required to resubmit the information required in Subparagraphs (d)(11), (12), (14), (15), and (d)(9), and (10) of this Rule, unless changes are made in those plans.

(j) Septage land application site permits are transferable if modified in accordance with Paragraph (h) of this Rule.

(k) Issuance of a permit does not relieve the permittee of the responsibility of obtaining applicable zoning approvals prior to operation of the site.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0820 SEPTAGE DETENTION AND TREATMENT FACILITY PERMITS

(a) No person shall establish, or allow to be established on his land, a septage detention facility, or otherwise treat, store, or dispose of septage unless a permit for the facility has been obtained from the Division or the facility is operating in accordance with a NPDES permit issued by he N.C. Division of Environmental Management.

(b) Septage detention and treatment facilities shall be designed, located, constructed, and operated in accordance with the standards specified in Rule .0825 of this Section.

(c) Septage detention and treatment facilities in use prior to the effective date of this Section shall be deemed permitted if they meet the setbacks specified in Item (10)(a) through (e) of Rule .0825 of this Section and if properly completed applications for those permits are submitted to the Division within 60 days of the effective date of this Section.

(d) To apply for a permit for a septage detention or treatment facility the applicant shall submit the following information to the Division:

(1) Location of the facility;

(2) Name, address, and phone number of the owner or the owner's legal representative in control of the site; (3) Types of septage to be stored or treated; (4) A description of the facility including the size, number, and type of structures to be used at the site and construction materials to be used;

(5) An explanation of the methods for discharge into and removal from the detention or treatment facility, the methods for treating leaks or spills at the site, and methods for odor control;

(6) Septage disposal site permit number or the name of the wastewater treatment plant where the septage will be disposed;

(7) An aerial photograph, extending for a distance of at least 1000 feet in all directions from the site property lines, scale 1" = 400 feet or greater if available, but in no case less than 1" = 660 feet, with site property boundaries accurately depicted;

(8) Written authorization to operate a septage detention or treatment facility signed by the landowner (if other than the permittee) or his legal representative; and

(9) Other technical information pertinent to the suitability of the proposed facility that has significant potential to harm the environment as requested by the Division.

(e) Plans for treatment facilities shall be prepared and submitted in accordance with professional engineering principles.

(f) Applications shall be submitted in accordance with Paragraph (d) of Rule .0819 of this Section.

(g) Applications for subsequent permits shall be made at least 90 days prior to the expiration date of the permit. The Division will notify permittees of facility permit expiration dates 120 days prior to permit expiration.

(h) Applications for permit modifications shall be required for changes in:

(1) Permit holder;

(2) Property ownership;

(3) Treatment methods;

(4) Types of septage to be stored or treated; and

(5) Size and number of treatment or storage structures.

(i) Applications for facilities which do not meet the standards set forth in this Section shall be denied.

(j) Septage detention or treatment facility permits are transferable if modified in accordance with Paragraph (h) of this Rule.

(k) Issuance of a permit does not relieve the permittee of the responsibility of obtaining applicable zoning approvals prior to operation of the facility.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0821 LOCATION OF SEPTAGE LAND APPLICATION SITES

(a) Soil characteristics (Morphology) which shall be evaluated are as follows:

(1) Texture - The relative proportions of the sand, silt, and clay sized mineral particles in the fine-earth fraction of the soil are referred to as soil texture. The texture of the different horizons of soils shall be classified into three general groups and 12 soil textural classes based upon the relative proportions of sand, silt, and clay sized mineral particles. (A) SOIL GROUP I - SANDY TEXTURE SOILS: The sandy group includes the sand and loamy sand textural classes.

(B) SOIL GROUP II - COARSE LOAMY AND FINE LOAMY TEXTURE SOILS: The coarse loamy and fine loamy group includes sandy loam, loam, silt, silt loam, sandy clay loam, clay loam, and silty clay loam textural classes.

(D) The soil textural class shall be determined in the field by hand texturing samples of each soil horizon in the soil profile using the following criteria:

(i) Sand: Sand has a gritty feel, does not stain the fingers, and does not form a ribbon or ball when wet or moist;

(ii) Loamy Sand: Loamy sand has a gritty feel, stains the fingers, forms a weak ball, and cannot be handled without breaking;

(iii) Sandy Loam: Sandy loam has a gritty feel and forms a ball that can be picked up with the fingers and handled with care without breaking;

(iv) Loam: Loam may have a slightly gritty feel but does not show a fingerprint and forms only short ribbons of from 0.25 inch to 0.50 inch in length. Loam will form a ball that can be handled without breaking;

(v) Silt Loam: Silt loam has a floury feel when moist and will show a fingerprint but will not ribbon and forms only a weak ball;

(vi) Silt: Silt has a floury feel when moist and sticky when wet but will not ribbon and forms a ball that will tolerate some handling;

(vii) Sandy Clay Loam: Sandy clay loam has a gritty feel but contains enough clay to form a firm ball and may ribbon to form 0.75-inch to one-inch long pieces;

(viii) Silty Clay Loam: Silty clay loam is sticky when moist and will ribbon from one to two inches. Rubbing silty clay loam with the thumbnail produces a moderate sheen. Silty clay loam produces a distinct fingerprint;

(ix) Clay Loam: Clay loam is sticky when moist. Clay loam forms a thin ribbon of one to two inches in length and produces a slight sheen when rubbed with the thumbnail. Clay loam produces a nondistinct fingerprint;

(x) Sandy Clay: Sandy clay is plastic, gritty and sticky when moist and forms a firm ball and produces a thin ribbon to over two inches in length;

(xi) Silty Clay: Silty clay is both plastic and sticky when moist and lacks any gritty feeling. Silty clay forms a firm ball and readily ribbons to over two inches in length;

(xii) Clay: Clay is both sticky and plastic when moist, produces a thin ribbon over two inches in length, produces a high sheen when rubbed with the thumbnail, and forms a strong ball resistant to breaking.

(E) The Division may substitute laboratory determination of the soil textural class as defined in this Section by particle-size analysis of the fine-earth fraction (less than 2.0 mm in size) using the sand, silt and clay particle sizes as defined in this Section for field testing when conducted in accordance with ASTM (American Society for Testing and Materials) D-422 procedures for sieve and hydrometer analysis. For fine loamy and clayey soils (Groups II and III) the dispersion time shall be increased to 12 hours.

(2) Wetness Condition: (A) Soil wetness conditions caused by a seasonal high-water table, perched water table, tidal water, or seasonally saturated soils shall be determined by observation of common soil mottles of colors of chroma 2 or less, using the Munsell color chart, in mottles or a solid mass. If drainage modifications have been made, the soil wetness conditions may be determined by direct observation of the water surface in monitoring wells during periods of typically high water elevations. However, colors of chroma 2 or less which are relic from minerals of the parent material shall not be considered indicative of a soil wetness condition.

(B) Soils which do not meet the required depths to a soil wetness condition shall be considered unsuitable and septage shall not be applied, unless the required separation distances can be maintained. Water table monitoring wells may be utilized to determine the actual depth to a soil wetness condition. The Division may limit discharges to certain months where soil wetness conditions are marginal for use.

(i) Soil Group I soils shall be considered suitable where soil wetness conditions are deeper than 36 inches below the point of septage application or incorporation.

(ii) Soil Group II soils shall be considered suitable where soil wetness conditions are deeper than 24 inches below the point of septage application or incorporation.

(iii) Soil Group III soils shall be considered suitable where soil wetness conditions are deeper than 18 inches below the point of septage application or incorporation.

(3) Depth to rock: soil depth shall be considered suitable where depth to rock is deeper than 24 inches below the point of septage application or incorporation or deeper than 18 inches if the septage is pretreated to accomplish pathogen reduction and surface applied over vegetation. (4) Mine reclamation sites will be considered on a case by case basis.

(b) Septage land application sites shall not be located in the watershed of a Class WS-I stream. New septage land application sites shall not be located in the water quality critical area of Class WS-II, WS-III, or WS-IV streams or reservoirs. This prohibition does not apply to those portions of a water supply watershed which are drained by Class B or Class C streams.

(c) Setbacks. At the time of initial permitting, septage land application sites shall observe the minimum setback distances specified in this Rule. Minimum setbacks shall be maintained throughout the life of the site only on land owned, operated or controlled by the permittee or by the landowner(s) at the time of initial permitting. Any sale, lease or other conveyance of land by the permittee, or by the landowner(s) if different from the permittee, subsequent to the initial permitting of the site shall include restrictions to ensure continued maintenance of the setbacks. Failure to maintain required setbacks shall result in immediate permit revocation.

(d) All septage disposal sites shall be located at least the minimum distance specified for the following:

(1) Residence not occupied by the applicant - 500 feet, residence occupied by the applicant 100 - feet;

(2) Place of business, other than the septage management firm office, or place of public assembly - 500 feet;

(3) Well or spring - 500 feet;

(4) Surface waters. Stream classification shall be determined in accordance with 15A NCAC 2B .0301 through .0317 Assignment of Stream Classifications.

(A) Fresh waters:

(i) Class WS-I, Class WS-II, or Class WS-III streams - 300 feet;

(ii) Class B stream - 300 feet;

(iii) Class C stream - 200 feet;

(iv) Other streams and bodies of water - 200 feet.

(B) Tidal salt waters:

(i) Class SA or Class SB - 300 feet from mean high water mark;

(ii) Class SC and other coastal waters - 200 feet from mean high water mark.

(i) Trout waters and swamp waters - 200 feet;

(ii) Nutrient sensitive waters and outstanding resource waters - 300 feet;

(5) Groundwater lowering ditches and devices - 100 feet;

(6) Adjoining property under separate ownership or control - 50 feet;

(7) Public road right of ways - 100 feet;

(8) Food crops - 50 feet;

(9) Wetlands - 50 feet;

(10) Setbacks in Subparagraphs (d)(3), (4), and (5) of this Rule may be reduced 50 percent when septage is pretreated to accomplish pathogen reduction and land within the setback area is in permanent, established grass with at least 95 percent cover or is in forest with a continuous canopy and a 95 percent forest litter cover. (e) Septage disposal sites less than five acres in size, individual fields of a site less than two acres in size, and sites with complex soil patterns or unusual shapes will be permitted only if the applicant demonstrates to the Division that the site can be properly managed for crop production and that septage can be evenly distributed over the site.

(f) Septage disposal sites shall not be located where the slope of the land is greater than 12 percent unless all of the conditions of this Paragraph are met.

(1) The site is in permanent, established grass with at least 95 percent cover or is in forest with a continuous canopy and a 95 percent forest litter cover.

(2) Plans submitted to the Division are prepared in accordance with accepted erosion and runoff control practices and indicate the following:

(A) Management practices and discharge methods which will be used to reduce the potential for run-off from the site and assure even septage distribution over the site; and

(B) Location of potential surface water monitoring devices upslope and downslope from the area proposed to be permitted and identification of sampling methods. Monitoring may be required.

(3) Setbacks will be increased and application rates decreased as appropriate to protect any nearby surface waters. (4) No site shall be permitted with slopes in excess of 25 percent.

(g) A new septage disposal site shall not jeopardize the continued existence of threatened or endangered species or result in the destruction or adverse modification of a critical habitat, protected under the Federal Endangered Species Act of 1973. Agricultural land shall not be considered potential habitat.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0822 MANAGEMENT OF SEPTAGE LAND APPLICATION SITES

(a) General. Paragraph (g) of this Rule also applies to septage detention and treatment facilities.

(1) Only domestic septage, as defined in G.S. 130A-290, shall be land applied or otherwise placed on a septage land application site, unless specified in the permit.

(2) Each site shall be posted with "NO TRESPASSING" signs. Access roads or paths crossing or leading to the disposal area shall be posted "NO TRESPASSING" and a legible sign of at least two feet by two feet stating "SEPTAGE LAND APPLICATION SITE" shall be maintained at each entrance to the land application area.

(3) Each site shall have an all weather access road.

(4) No hazardous wastes shall be permitted on the site. (5) No site shall be permitted for land application of industrial or commercial septage unless the applicant demonstrates to the Division that the strength of the organic and inorganic components of the septage is within the normal range for domestic septage.

(6) Septage generated from domestic or industrial or commercial wastewater treatment plants shall be land applied only at sites permitted by the Division of Environmental Management for application of domestic or industrial or commercial treatment plant septage, as defined in G.S. 130A-290.

(7) Septage shall be applied to the surface of the land from a moving vehicle in such a manner as to have no standing liquid or soil disturbance resulting from the waste flow after the discharge is complete.

(8) Septage shall not be applied to a site if any liquid is ponded on the site or if the site is flooded, frozen, or snow covered.

(9) Disposal area boundaries shall be clearly marked on the ground while a site or any portion of a site is in use.

(10) All septage discharges shall be made at a location on the site consistent with the nutrient management plan.

(11) Grease septage shall be diluted at least 1:1 from its concentration when pumped with domestic septage or water if land applied over perennial vegetation. This dilution shall be increased if crop damage occurs.

(12) The site shall be managed in such a manner as to minimize soil erosion and surface water runoff. Appropriate soil and water management practices shall be implemented and maintained in accordance with the Division approved erosion and run-off control plan. All water control structures shall be designed, installed, and maintained to control the run-off resulting from a 10 year storm.

(13) Each site shall have a nutrient management plan indicating at least the following: (A) Crops that will be planted on the site, including cover crops, and where each crop will be planted. Crop planting locations shall be depicted on an aerial photograph or on a plat map (scale 1" = 660 ft. or larger). (B) Nitrogen needs of the crops based on the realistic yield expectations for the soils on the site, and crop management practices proposed. (C) Approximate crop planting and harvesting times; (D) Approximate monthly discharge rate to match the needs and uptake potential of the crop.

(14) Within 90 days of the effective date of this Section, permittees of septage land application sites permitted on the effective date of this Rule shall submit to the Division for approval nutrient management plans meeting the requirements of Subparagraph (a)(13) of this Rule. A nutrient management plan shall be implemented within 30 days of Division approval, or the site shall cease receipt of septage.

(b) Maximum land application rates for septage shall be included in individual permit conditions, based upon the following: (1) Domestic Septage shall be land applied in accordance with 40 CFR Part 503.12(c) and Part 503.13;

(2) Grease septage shall be land applied at a rate that is equal to or less than the agronomic rate, but in no case shall the application of grease septage exceed 25,000 gallons per acre per year.

(3) Pollutant limits in 40 CFR Part 503.13 shall not be exceeded for any type septage.

(4) Sites permitted for the land application of grease septage shall meet the requirements of 40 CFR Part 257.3-5.

(c) Septage treatment standards: (1) Domestic septage shall be treated in accordance with the requirements in 40 CFR Part 503 Subpart D (including Appendix A and B) except that 503.33(b)(11) is not incorporated.

(2) Grease septage and commercial/industrial septage shall be treated in accordance with 40 CFR 257.3-6 or treated by an equivalent or more stringent process in 40 CFR 503 Subpart D.

(3) Untreated grease septage mixed with domestic septage shall be treated as grease septage.

(d) No one other than the permittee shall land apply septage at a permitted site unless approved in writing by the Division. A written request shall be received from the permittee and written authorization from the landowner(s), if different from the permittee. The request shall include the name of the firm requesting approval and the type and amount of septage proposed to be discharged.

(e) Permittees of septage land application sites shall develop and maintain records and reports to show compliance with this Section and the permit requirements of each site.

(1) Permittees of sites receiving septage shall maintain a log which meets the requirements of 40 CFR Part 503.17(b).

(2) Permittees of all septage land application sites shall have all records and certifications required to be kept available for review during any announced site inspections by the Division.

(3) The permittee of a site where more than one septage management firm has been authorized by the Division to discharge septage shall submit a monthly report to the Division which shall include the following information for each discharge: the date and quantity of each discharge, the type of septage discharged, and the name of the septage management firm discharging.

(f) Inspection and entry. The permittee shall allow a representative of the Division to: (1) Enter the permittee's premises where a regulated facility or activity is located or conducted;

(2) Access and copy any records required in accordance with this Section or conditions of the permit;

(3) Inspect any facilities, equipment (including monitoring and control equipment), practices or operations regulated by the Division;

(4) Sample or monitor for the purposes of assuring permit compliance or as otherwise authorized by the Federal Clean Water Act or the North Carolina Solid Waste Management Act, any substances, parameters or soils at any location; and

(5) Photograph for the purpose of documenting times of compliance or noncompliance at septage management facilities, or where appropriate to protect legitimate proprietary interests, require the permittee to make such photos for the Division.

(g) A permitted septage disposal site shall not be put into use until a representative of the Division has inspected the site to determine compliance with this Rule.

(h) Methods of land application for which there are no standards in these Rules shall be permitted only if it can be demonstrated that the proposed method manages septage in a manner at least equivalent to these Rules and to protect public health and the environment. Plans shall be submitted and prepared in accordance with professional engineering principles.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0823 RECORD KEEPING FOR SEPTAGE MANAGEMENT FIRMS

(a) Each individual or company shall maintain a log which includes at least the following information for each septage pumping event:

(1) The date, type, and quantity of septage pumped at each location;

(2) Location of the discharge of the septage.

(b) A septage management firm shall make all records required in accordance with this Section or conditions of the permit available for inspection by a representative of the Division at the time and place of an inspection of the firm's septage pumper truck(s) or upon request.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0824 SAMPLING AND ANALYSIS

(a) Monitoring or sample analysis required by this Section are the responsibility of the septage management firm, site operator, or the owner of the wastewater system, as appropriate.

(b) The permittee of a septage land application site shall arrange for annual representative soil samples to be taken from each field at the permitted site during the last quarter of each calendar year.

(c) Soil samples shall be analyzed for cation exchange capacity, pH, phosphorus, potassium, calcium, manganese, magnesium, zinc, and copper. Analysis for other metals shall be required when zinc levels reach 30 pounds per acre or copper levels reach 35 pounds per acre. Sites permitted to receive septage, other than domestic septage, shall be sampled annually to determine compliance with 40 CFR 257.3-6.

(d) Industrial or commercial septage, proposed to be land applied at a permitted septage disposal site, shall be sampled prior to being removed from a system. Analytical results shall be submitted to the Division for consideration prior to the issuance of a permit or approval to land apply the septage. Analysis shall be conducted for:

(1) Metals addressed in 40 CFR 503.13, barium, and silver;

(2) Total solids, pH, ammonia, nitrates, TKN, BOD, COD, total phosphorus, potassium, sodium and magnesium; and

(3) A complete Toxicity Characteristic Leaching Procedure or other appropriate sampling for organic chemicals, such as EPA Test numbers 8240 or 8270, unless an examination of the industrial process and the material used indicate less extensive analysis is acceptable.

(e) Septage shall be monitored in accordance with 40 CFR Part 503.16(b).

(f) Sample analysis shall be performed by a laboratory certified for waste analysis. Analysis shall be conducted in accordance with 40 CFR Part 503.8. Organic chemical analysis shall be conducted according to Subparagraph (d)(3) of this Rule.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0825 STANDARDS FOR SEPTAGE TREATMENT AND DETENTION FACILITIES

A septage land application site permittee shall provide a facility or have an alternate plan for the detention or disposal of septage during periods when the approved disposal method is not available. Sites permitted for disposal of grease septage or commercial/industrial septage, shall have a treatment facility available.

(1) Septage detention facilities shall have a minimum size equal to the average volume of septage pumped per week. This does not limit the maximum capacity of a septage detention facility. Capacity shall be increased if it is demonstrated during site operation that this volume is inadequate or if specific site considerations would warrant such increases.

(2) Septage treatment and detention facility containers shall be structurally sound and constructed of steel, concrete, or fiberglass or comparable materials and construction approved by the Division to meet the requirements of these Rules.

(3) Each detention and treatment facility shall be designed, constructed, and maintained in such a manner as to:

(a) Prevent leaks or the flow of septage out of the facility into the seasonally high water table, onto the ground surface, or into any surface waters; (b) Minimize the attraction or admittance of vectors; and

(4) Septage detention and treatment facilities located below grade shall: (a) Be leak tested prior to backfilling or shall have an approved leak detection and monitoring system; (b) Be protected from vehicular traffic; and (c) Not be constructed of used metal tanks. Used metal tanks may be located beside a wall or embankment for gravity access as long as the entirety of the tank is visible. (5) The permittee of a septage treatment or detention facilities shall control odors from such systems.

(6) Ground water monitoring wells or a leak detection system may be required around treatment or detention systems if necessary to assure protection of public health and the environment.

(7) Septage shall be transferred to and from a detention system in a safe and sanitary manner that prevents leaks or spills of septage.

(8) Access roads or paths crossing or leading to the facility shall be posted "NO TRESPASSING".

(9) Lined lagoons may be permitted at sites where the construction and use of a lagoon shall not jeopardize the public health or environment. Portions of lined lagoons may be located below grade in accordance with Sub-item (10)(e) of this Rule.

(a) Only lagoons designed, constructed and inspected in accordance with accepted engineering principles providing for the protection of the underlying groundwater will be considered for use in a septage treatment or detention system. The Division shall receive a written certification that the construction was completed in accordance with the approved plans prior to any waste being introduced into the system.

(b) Liners shall be a minimum of 12 inches of clay compacted to a maximum permeability of 10 -7 cm/sec or equivalent synthetic liner.

(c) Synthetic liners shall have a minimum thickness of 30 mils. A synthetic liner shall have a demonstrated water vapor transmission rate of not more than 0.03 gm/m2-day. Liner material and any seaming materials shall have chemical and physical resistance not adversely affected by environmental exposure or waste placement.

(d) Clay liners with a permeability more than 10 -7 cm/sec may be used in conjunction with a synthetic liner to meet the maximum permeability of 10 -7 cm/sec or equivalent.

(e) The surface of the supporting soil on which the liner will be installed shall be reasonably free of stones, organic matter, protrusions, loose soil, and any abrupt changes in grade that could affect the integrity of the liner.

(f) Lagoons shall be designed and maintained to have adequate storage to handle the additional water from a 25-year storm. (g) Pathogen reduction, as required in Paragraph (c) of Rule .0822 shall be achieved prior to the discharge of any septage or any part of the septage into a storage lagoon. (10) Septage detention and treatment facilities not located on a permitted septage land application site shall be located at least the minimum distance from the following: (a) Residence, place of business, or place of public assembly - 100 feet;

(b) Well or water supply spring - 100 feet;

(d) Property lines - 50 feet;

(e) Soil wetness, as determined in Part (a)(2)(A) of Rule .0821 - 12 inches; and

(f) Setbacks in Sub-items (a) and (d) of this Item may be in accordance with local zoning ordinances if located in areas zoned for industrial use.

(11) Septage shall not be stored in a detention system for more than six months.

(12) Septage shall not be stored or treated at a permitted septage treatment or detention facility until a representative of the Division has inspected the facility to determine compliance with this Rule.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0826 LAND USE AND SITE CLOSURE

(a) The site restrictions in 40 CFR 503.32(c) of Subpart D; shall be adhered to.

(b) Nursery and horticultural products, trees and other forest products, including but not limited to pine straw and pine bark, shall not be harvested or gathered for 30 days after septage application.

(d) The permittee or operator of the site shall notify the Division at least 30 days prior to final closure of a septage land application site in order to schedule a site inspection for determination of compliance with this Section.

(e) Prior to final closure, the soil pH of the site shall be raised to 6.5, unless the fertility requirements for crops to be grown in the following year dictate less.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0827 TRANSPORTATION OF SEPTAGE

(a) All septage shall be transported in a safe, sanitary manner that prevents leaks and spills and comply with the following:

(1) All tanks shall be constructed of metal and permanently attached to the truck bed, unless otherwise approved by the Division;

(2) All valves shall be in proper working order and be completely closed during transportation; and

(3) All access ports shall have proper fitting lids in good repair and be completely closed during transportation.

(b) All permitted septage management firms, shall display decals or lettering on each side of every pumper vehicle operated by the firm. The decals or lettering shall include the name, address (town name), phone number, and septage management firm permit number. All decals or lettering on the pumper vehicle shall be no less than three inches in height and plainly visible. Identification shall be permanently attached (ie., no removable signs).

(c) Applicants for septage management firm permits which were not permitted in the previous calendar year shall have each pump truck inspected prior to the Division's issuance of a permit.

(d) Septage to be discharged at a wastewater treatment plant or any part of the collection system for that plant shall be handled in accordance with the plant rules and policies.

(e) Vehicles used in the transportation of septage may remain loaded or partially loaded on land owned by the septage management firm for up to seven days without obtaining a permit for a detention or treatment facility. Such vehicles shall comply with all parts of this Rule.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0828 REVOCATION OF PERMITS

The Division shall suspend or revoke permits in accordance with G.S. 130A-23.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.

.0829 APPEALS

Appeals shall be made in accordance with G.S. 150B.

History Note: Statutory Authority G.S. 130A-291.1; Eff. October 1, 1995.