Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
following disposal systems as well as those in Permitting By Regulation rules
in this Subchapter (i.e., Rules .0203, .0303, .0403, .1103, .1203, .1303,
.1403, and .1503) shall be 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 are 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
firefighting 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, 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 animal mortality if the construction and operation of the facilities is
approved by the North Carolina Department of Agriculture and Consumer Services;
the facilities are constructed on an impervious, weight-bearing foundation, and
are operated under a roof; and the facilities are approved by the State
Veterinarian pursuant to
G.S.
106-403. In the event of an imminent threat
of a contagious animal disease, any emergency measure or procedure related to
composting of animal mortality pursuant to
G.S.
106-399.4(a);
(13) overflow from elevated potable water
storage facilities;
(14) mobile
carwashes if:
(A) all detergents used are
biodegradable;
(B) no steam
cleaning, engine or parts cleaning is being conducted;
(C) notification is made prior to operation
by the owner to the municipality or, if not in a municipality, then the county
where the cleaning service is being provided; and
(D) non-recyclable washwater is collected and
discharged into a sanitary sewer or wastewater treatment facility, upon
approval of the facility's owner, such that no ponding or runoff of the
washwater occurs;
(15)
mine tailings if no chemicals are used in the mining process;
(16) mine dewatering if no chemicals are used
in the mining process;
(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; and
(18) discharges to the land surface of less
than 5,000 gallons per week of backwash water from greensand filters at potable
water wells, not including conventional filters, reverse osmosis, and ion
exchange filters, provided ponding or runoff does not occur and the backwash
does not exceed the Maximum Contaminant Level (MCL) for radionuclides or
arsenic; and
(19) discharges to the
land surface of less than 350 gallons per week of backwash water from reverse
osmosis, ion exchange filters, greensand filters at private drinking water
wells, provided ponding or runoff does not occur.
(b) Nothing in this Rule shall be deemed to
allow the violation of any 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 any
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 shall not be deemed to be permitted in accordance with this
Rule or other Permitted By Regulation rules in this Subchapter and require the
disposal system to obtain an 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.
Authority
G.S.
130A-300;
143-215.1(a)(1);
143-215.1(b)(4)(e);
143-215.3(a);
Eff. September 1, 2006;
Amended Eff. March 19, 2015; June 18,
2011;
Readopted Eff. September 1,
2018.
