North Carolina Administrative Code
Title 15A - Environmental Quality
Chapter 02 - ENVIRONMENTAL MANAGEMENT
Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS
Section .1100 - RESIDUALS MANAGEMENT
Section 02T .1108 - SETBACKS
Current through Register Vol. 39, No. 6, September 16, 2024
(a) For residuals treatment and storage facilities, the following setbacks in feet shall be as follows:
|
Each habitable residence or place of assembly under separate ownership or not to be maintained as part of the project site |
100 |
|
Each private or public water supply source |
100 |
|
Surface waters such as intermittent and perennial streams, perennial waterbodies, and wetlands |
50 |
|
Each well with exception of monitoring wells |
100 |
|
Each property line |
50 |
(b) For land onto which Class A bulk residuals are applied or stockpiled, the following setbacks in feet shall be as follows:
|
Liquid Residuals |
Cake Residuals |
|
|
Each private or public water supply source |
100 |
100 |
|
Surface waters such as intermittent and perennial streams, perennial waterbodies, and wetlands |
100 |
25 |
|
Surface water diversions such as ephemeral streams, waterways, and ditches |
25 |
0 |
|
Groundwater lowering ditches where the bottom of the ditch intersects the SHWT |
25 |
0 |
|
Each well with exception of monitoring wells |
100 |
100 |
|
Bedrock outcrops |
25 |
0 |
(c) For land onto which Class B residuals are applied or stockpiled, the following setbacks in feet shall be as follows:
|
Surface Application by Vehicle |
Surface Application |
Injection / Incorporation by Irrigation |
|
|
Each habitable residence or place of assembly under separate ownership or not to be maintained as part of the project site |
400 |
400 |
200 |
|
Each habitable residence or place of assembly owned by the permittee, the owner of the land, or the lessee or operator of the land to be maintained as part of the project site |
0 |
200 |
0 |
|
Each property line |
50 |
150 |
50 |
|
Public right of way |
50 |
50 |
50 |
|
Each private or public water supply source |
100 |
100 |
100 |
|
Surface waters such as intermittent and perennial streams, perennial waterbodies, and wetlands |
32.8 |
32.8 |
32.8 |
|
Surface water diversions such as ephemeral streams, waterways, and ditches |
25 |
25 |
25 |
|
Groundwater lowering ditches where the bottom of the ditch intersects the SHWT |
25 |
100 |
25 |
|
Subsurface groundwater lowering drainage systems |
0 |
100 |
0 |
|
Each well with exception of monitoring wells |
100 |
100 |
100 |
|
Bedrock outcrops |
25 |
25 |
25 |
|
Top of slope of embankments or cuts of two feet or more in vertical height |
15 |
15 |
15 |
|
Each building foundation or basement |
0 |
15 |
0 |
|
Each water line |
0 |
10 |
0 |
|
Nitrification field |
0 |
20 |
0 |
(d) For the construction and operation of surface disposal units, the following setbacks in feet shall be as follows:
|
Each habitable residence or place of assembly under separate ownership or not to be maintained as part of the project site |
400 |
|
Each property line |
50 |
|
Public right of way |
50 |
|
Each private or public water supply source |
100 |
|
Surface waters such as intermittent and perennial streams, perennial waterbodies, and Wetlands |
100 |
|
Surface water diversions such as ephemeral streams, waterways, and ditches |
25 |
|
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) |
100 |
|
Subsurface groundwater lowering drainage systems |
100 |
|
Each well with exception of monitoring wells |
100 |
|
Each water line |
10 |
(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.
(f) Setbacks to property lines established in Paragraphs (a), (c), and (d) of this Rule shall not be applicable if the permittee, the entity from which the permittee is leasing, or the entity that executed the notarized landowner agreement in 15A NCAC 02T .1104(c)(4) owns both parcels separated by the property line.
(g) Habitable residences or places of assembly under separate ownership constructed after the non-discharge facilities were originally permitted or subsequently modified are exempt from the setback requirements in Paragraphs (a) and (d) of this Rule.
Authority
G.S.
143-215.1;
143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1,
2018.
