Current through Register Vol. 39, No. 6, September 16, 2024
The following is the management strategy for controlling
land-applied nutrients in the Jordan watershed, as prefaced in Rule .0262 of
this Section.
(1) PURPOSE. The purpose
of this Rule is to protect the water supply uses of Jordan Reservoir and of
designated water supplies throughout the Jordan watershed by managing the
application of nutrients, both inorganic fertilizer and organic nutrients, to
lands in the Jordan watershed. The requirements of this Rule are to be fully
implemented within three years from the effective date as set out in Item (6)
of this Rule.
(2) APPLICABILITY.
This Rule shall apply to the application of nutrients on:
(a) Cropland areas in the Jordan watershed
for commercial purposes;
(b)
Commercial ornamental and floriculture areas and greenhouse production areas in
the Jordan watershed;
(c) Golf
courses, public recreational lands, road or utility rights-of-way, or other
commercial or institutional lands where any such land, or combination of such
lands, under common management in the watershed totals at least five acres;
and
(d) Any lands in the Jordan
watershed where a hired applicator, as defined in
15A NCAC
02B .0202(4), who does not
own or lease the lands applies nutrients to a total of at least five acres per
year.
(3) REQUIREMENTS.
Application of nutrients to lands subject to this Rule shall be in accordance
with the following requirements:
(a)
Application shall be made either:
(i) By an
applicator who has completed nutrient management training pursuant to Item (4)
of this Rule; or
(ii) Pursuant to a
nutrient management plan that meets the requirements of Item (5) of this
Rule.
(b) With the
exception of residential homeowners, a person who hires an applicator to apply
nutrients to the land that they own or manage in the Jordan watershed shall
either:
(i) Ensure that the applicator they
hire has attended and completed nutrient management training pursuant to Item
(4) of this Rule; or
(ii) Ensure
that the applicator they hire follows a nutrient management plan that has been
developed for the land that they own or manage pursuant to Item (5) of this
Rule.
(4)
NUTRIENT MANAGEMENT TRAINING. To demonstrate compliance with this Rule through
the nutrient management training option, the applicator shall have a
certificate indicating completion of training provided by either the
Cooperative Extension Service or the Division. Training certificates shall be
kept on-site or be produced within 24 hours of a request by the Division.
Training shall be sufficient to provide participants with an understanding of
the value and importance of proper management of nitrogen and phosphorus, and
the water quality impacts of poor nutrient management, and the ability to
understand and properly carry out a nutrient management plan.
(5) NUTRIENT MANAGEMENT PLANS. Nutrient
management plans developed to comply with this rule shall meet the following
requirements:
(a) Nutrient management plans
for cropland, excluding those for application of Class A bulk, and Class B
wastewater residuals, regulated under
15A NCAC
02T .1100 and septage application regulated
under 15A NCAC 13B .0815 through
13B .0829, shall meet the
standards and specifications adopted by the NC Soil and Water Conservation
Commission, including those found in
15A NCAC
06E .0104 and
15A NCAC
06H .0104, which are incorporated herein by
reference, including any subsequent amendments and editions to such rules that
are in place at the time that plans are approved by a technical specialist as
required under Sub-Item (5)(e) of this Rule.
(b) Nutrient management plans for application
of Class A bulk, and Class B, wastewater residuals regulated under
15A NCAC
02T .1100 and septage application regulated
under 15A NCAC 13B .0815 through
13B .0829 shall meet the
standards and specifications adopted by the NC Soil and Water Conservation
Commission in
15A NCAC
06E .0104, including any subsequent
amendments and editions to such rule that are in place at the time that plans
are approved by the permitting agency. This compliance includes addressing the
phosphorus requirements of US Department of Agriculture Natural Resources
Conservation Service Practice Standard 590 regarding Nutrient
Management.
(c) Nutrient management
plans for lands identified in Sub-Item (2)(c) of this Rule shall follow the
applicable guidance contained in the most recent version of North Carolina
Cooperative Extension Service publications "Water Quality and Professional Lawn
Care" (NCCES publication number WQWM-155), "Water Quality and Home Lawn Care"
(NCCES publication number WQWM-151), or "Water Quality for Golf Course
Superintendents and Professional Turf Managers" (NCCES publication number
WQWM-156 Revised) as appropriate for the activity. The above-referenced
guidelines are hereby incorporated by reference including any subsequent
amendments and editions. Copies may be obtained from the Division of Water
Quality, 512 North Salisbury Street, Raleigh, North Carolina 27604 at no cost.
Nutrient management plans may also follow other guidance distributed by
land-grant universities for turfgrass management as long as it is equivalent to
or more stringent than the above-listed guidelines.
(d) Nutrient management plans for ornamental
and floriculture production shall follow the Nutrient Management section of the
most recent version of the Southern Nursery Association guidelines promulgated
in "Best Management Practices - A BMP Guide For Producing Container and Field
Grown Plants". Copies may be obtained from the Southern Nursery Association,
1827 Powers Ferry Road SE, Suite 4-100, Atlanta, GA 30339-8422 or from
http://www.sna.org. The materials related to
nutrient management plans for ornamental and floriculture production are hereby
incorporated by reference including any subsequent amendments and editions.
Copies are available for inspection at the Department of Environment and
Natural Resources Library, 512 North Salisbury Street, Raleigh, North Carolina
27604. Nutrient management plans for ornamental and floriculture production may
also follow other guidance distributed by land-grant universities for such
production as long as it is equivalent or more stringent than the above-listed
guidelines.
(e) The nutrient
management plan shall be approved in writing by an appropriate technical
specialist, as defined in
15A NCAC
06H .0102(9), as follows:
(i) Nutrient management plans for cropland
using either inorganic or organic nutrients, except those using biosolids or
septage, shall be approved by a technical specialist designated pursuant to the
process and criteria specified in rules adopted by the Soil and Water
Conservation Commission for nutrient management planning, including
15A NCAC
06H .0104, excepting Sub-Item (a)(2) of that
Rule.
(ii) Nutrient management
plans for lands identified in Sub-Item (2)(c) of this Rule, ornamental and
floriculture production shall be approved by a technical specialist designated
by the Soil and Water Conservation Commission pursuant to the process and
criteria specified in
15A NCAC
06H .0104 excepting Sub-Item (a)(2) of that
Rule. If the Soil and Water Conservation Commission does not designate such
technical specialists, then the Environmental Management Commission shall do so
using the same process and criteria.
(f) Persons with approved waste utilization
plans that are required under state or federal animal waste regulations are
deemed in compliance with this Rule as long as they are compliant with their
approved waste utilization plans.
(g) Nutrient management plans and supporting
documents must be kept on-site or be produced within 24 hours of a request by
the Division.
(6)
COMPLIANCE. The following constitute the compliance requirements of this Rule:
(a) For proposed new application of Class A
bulk, and Class B, wastewater residuals pursuant to permits obtained under
15A NCAC
02T .1100 or its predecessor, and septage
application pursuant to permits obtained under
15A NCAC
13B .0815 through
13B .0829, all applications for
new permits shall be made according to, and subsequent nutrient applications
shall comply with, the applicable requirements of this Rule as of its effective
date.
(b) For existing, ongoing
application of residuals and septage as defined in this Item, beginning one
year after the effective date of this Rule, all applications for renewal of
existing permits shall be made according to, and subsequent nutrient
applications shall comply with, the applicable requirements of this
Rule.
(c) For all other application
with the exception of the application of residuals and septage as defined in
this Item, the requirements of this Rule shall become effective three years
after its effective date and shall apply to all application of nutrients on
lands subject to this Rule after that date.
(d) Persons who fail to comply with this Rule
are subject to enforcement measures authorized in
G.S.
143-215.6A (civil penalties),
G.S.
143-215.6B (criminal penalties), and
G.S.
143-215.6C (injunctive relief).
Authority
G. S.
143-214.1;
143-214.5;
143-214.7;
143-215.3(a)(1);
143-215.6A;
143-215.6B;
143-215.6C; 143 215.8B;
143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259;
Eff. August
11, 2009.